Legal Disclaimer.
Constitution of this Legal Disclaimer between Halo Diamonds, from now on “The Site,” and you, after this, “The Purchaser.” The Purchaser agrees that by navigating and purchasing items from The Site, they have agreed to be bound by the laws of the State of Florida concerning all uses of the Site, including the order purchase contract. This agreement is made without regard to provisions for conflict of laws. Additionally, the Purchaser is responsible for complying with all applicable local laws in the Purchaser’s jurisdiction regarding website use and access. The Purchaser further agrees to submit to the exclusive jurisdiction and venue of the United States District Court. Halo Diamonds shall, under no circumstances, be held liable for any damages, whether arising from matters of strict product liability, tort, contract, or otherwise, even in the event that, or the possibility of any such damages was known.
- Limitations on Liability.
You understand and agree that this website and all material and intellectual property contained on it are distributed “as is” “as available,” “with all faults,” and without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability, non-infringement or fitness for a particular purpose, or those arising by statute or otherwise in law or from a course of dealing or usage of trade. Some jurisdictions do not permit the exclusion of certain warranties, so the above exclusion may not apply to you, and you may have other rights. You agree that the Company and its parents, affiliates, subsidiaries, licensors, partners and assigns, and each of their respective employees, officers, and directors (collectively, the “released parties”), are not liable to you for damages of any kind, whether based in tort, contract, strict liability or otherwise, including, without limitation, any direct, special, indirect, incidental, consequential or punitive damages arising, relating to and/or resulting in any way from or in connection with this website, the user forums, the material, or any errors or omissions in its technical operation or the material, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to, this website or its related information or programs. Notwithstanding any other provision in these terms, in no event and under no circumstances will the released parties be liable to you for any reason or any cause of action whatsoever in an amount greater than fifty U.S. Dollars ($50), in the aggregate. However, this limitation of liability provision shall not apply to the extent that any liability results from the Company’s negligence, fraud, willful injury, or willful violation of the law. By accessing this website, you agree to the following: I understand that I may be waiving rights concerning to the claims that are at this time unknown or unsuspected, and following such waiver, I acknowledge that I have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” however, the preceding provision shall not apply to New Jersey consumers. The Company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency, or adequacy of any information, facts, views, opinions, statements, or recommendations contained on this website or the material. Reference to any product, process, publication, or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer, or otherwise does not constitute or imply its endorsement or recommendation by the Company. The views and opinions of users of this website do not necessarily state or reflect those of the Company. Users are responsible for seeking professionals’ advice, as appropriate, regarding the information, opinions, advice, or content available on this website. The internet may be vulnerable to security breaches. The Company is not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction, except if caused by Company’s negligence. You should also be aware that e-mail submissions over the internet may not be secure, and you should consider this before e-mailing the Company any information. The Company makes no representation or warranty regarding the suitability, functionality, availability, or operation of this website. This website may be temporarily unavailable due to maintenance or malfunction of computer equipment.
- Violations and Additional Policies.
The Company will determine your compliance with these terms in its sole discretion, and its decision shall be final and binding. Any violation of these terms may result in restrictions on your access to all or part of the website and may be referred to law enforcement authorities. No waiver of any of these terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of the Company. The Company reserves the right to modify or discontinue this website, or any portion thereof, without notice to you or any third party. Upon termination of your access to the website or the Company’s demand, you must destroy all materials obtained from this website and all related documentation and all copies and installations thereof. You are advised that the Company will aggressively enforce its rights to the fullest extent of the law. The Company, in its sole discretion, reserves the right to disqualify and terminate access or use of any individual found to be tampering with the operation of the website; acting in violation of these terms; working in an unethical or disruptive manner; or acting with intent to annoy, abuse, threaten or harass Company, its representatives, or any other individual in any form related to the website. Suppose any provision of these terms is found to be invalid. In that case, the invalidity of such a provision will not affect the validity of the remaining provisions of these terms, which will remain in full force and effect. The section titles in these terms are only for your convenience and do not have any legal or contractual effect.
- Arbitration.
By using this Site in any way, you unconditionally consent and agree that:
(1.) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against The Company or its parent, subsidiaries, affiliates, and each of their respective officers, directors, and employees (all such individuals and entities collectively referred to herein as the “company entities”) arising out of, relating to, or connected in any way with the Site or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by jams and conducted before a sole arbitrator under the rules of jams. (2.) This arbitration agreement is made according to a transaction involving interstate commerce and shall be governed by the federal arbitration act (“FAA”), 9 U.S.C. §§ 1-16. (3.) The arbitration shall be held in a major United States city closest to your place of residence. (4.) The arbitrator’s decision shall be controlled by the terms and conditions of this Terms of Use and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Site; (5.) The arbitrator shall apply Florida law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6.) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the applicable company entity’s claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7.) the arbitrator shall not have the power to award punitive damages against you or any company entity; (8.) if the administrative fees and deposits that must be paid to initiate arbitration against any company entity exceed USD 125, and you are unable (or not required under the rules of jams) to pay any fees and deposits that exceed this amount, Company agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. Also, if you can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) except subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of jams, then the balance of this arbitration provision shall remain in effect and shall be construed per its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Company shall be entitled to arbitrate their dispute. For more information on jams and/or the rules of jams, visit their website at www.jamsadr.com.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE JAMS RULE, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.