TERMS & CONDITIONS OF USE
Welcome to The Original Diamond Club LLC (“The Diamond Club”). The following explains our terms and conditions of use (“Terms” or “Terms of Use”). Please carefully read these Terms of Use before using or obtaining any information, material, products or services through our website (“Website”). Accessing or using any data, content, materials, information, products or services provided by The Diamond Club (“Our Service”) binds you to our Terms of Use. If you do not agree to all of these Terms of Use, use Our Service in any way. The terms "The Diamond Club" or "Diamond Club" or “our” or "us" or "we" refer to The Original Diamond Club LLC.We encourage you to regularly review the following Terms of Use as we may amend them from time to time.
1. GENERAL.
The content of the pages of our Website, and the products and services available through Our Service, are subject to change without notice. Continued use of Our Service constitutes acceptance of any changes to our Terms and other guidelines or policies governing Our Service.
You may utilize Our Service only if you are over the age of eighteen (18) and are capable of entering into contracts. Individuals under the age of eighteen (18) may use Our Service only with the written consent of their legal parent or guardian.
Use of Our Service shall not be for any illegal, harmful or otherwise inappropriate purpose, as is determined by us in our sole discretion, and such behavior is a material breach of our agreement with you and shall result in the immediate termination of your membership with and authorization to use Our Service.
The language of these Terms of Use is not in any way intended to constitute an agency relationship, joint venture, or partnership for any purpose.
2. USER ACCOUNT.
It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your username and password. You agree to immediately notify The Diamond Club of any unauthorized uses of your user name and password or any other breaches of security. The Diamond Club will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
3. LINKED SITES.
Our Service provides links to other sites by allowing you to leave Our Service to access third-party material or by bringing third-party material into this Website via “inverse” hyperlinks and framing technology (a “Linked Site”). The Diamond Club has no discretion to alter, update, or control the content on a Linked Site. The fact that The Diamond Club has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers and is intended for your convenience. There are inherent risks in relying upon, using or retrieving any information found on the Internet, and The Diamond Club urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site.
All content, products and services on Our Service, or obtained from a Linked Site are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
The Diamond Club does not endorse and is not responsible for (i) the accuracy or reliability of an opinion, advice or statement made through Our Service by any party other than The Diamond Club, (ii) any content provided on Linked Sites or (iii) the capabilities or reliability of any product or service obtained from a Linked Site. Other than as required under applicable consumer protection law, under no circumstance will Diamond Offerings LLC be liable for any loss or damage caused by your reliance on any information, product or service obtained through Our Service or a Linked Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through Our Service, or obtained from a Linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
4. TERMINATION, RESTRICTION & SUSPENSION.
The Diamond Club retains the right to terminate, restrict or suspend your use of Our Service at any time in its sole discretion without prior notice. Failure to comply with these Terms of Use, Privacy Policy or any other Diamond Club policy constitutes a breach that may result in the termination of your use of Our Service. Failure to address any said breach of you or another party does not waive our right to act on similar breaches.
5. LIABILITY.
Your use of any information or materials from Our Service is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through Our Service meet your specific requirements.
The information, products and descriptions of services published on our Website or Linked Sites may include inaccuracies or typographical errors, and The Diamond Club specifically disclaims any liability for such inaccuracies or errors. The Diamond Club does not warrant or represent that the content on our Website is complete or up-to-date. The Diamond Club is under no obligation to update the content on our Website. The Diamond Club may change the content on our Website at any time without notice. The Diamond Club may make improvements or changes to our Website at any time.
You agree that The Diamond Club, its affiliates and any of their respective officers, directors, employees, coaches or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the delay or inability to use our Website even if The Diamond Club is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. The Diamond Club cannot and does not guarantee continuous, uninterrupted or secure access to our Website.
6. PRIVACY.
By accessing and using our Website and Our Service, you agree to be bound by the terms found in our Privacy Policy, which is accessible below.
7. INTELLECTUAL PROPERTY.
The trademarks, logos and service marks ("Marks") displayed through our Website are the property of The Diamond Club and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as keywords, or metatags on other pages or Websites on the World Wide Web without the written permission of The Diamond Club or such third party which may own the Marks. All information and content located on our Website is protected by copyright and your access to such information on our Website is strictly permitted through the limited non-exclusive license granted under these Terms. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through our Website for commercial or public purposes. Unauthorized use of our Website may give rise to a claim for damages and/or may constitute a criminal offense.
The Diamond Club respects the intellectual property rights of others. If you believe that the content and/or materials on our Website are infringing upon another’s copyright, you may send a written notice to us at: info@diamondclubsb.com.
8. PAYMENT.
It is your responsibility to ensure that all personal, billing and payment information provided to us is up-to-date and accurate.
9. ENFORCEABILITY.
If any of the Terms or provisions contained herein are deemed to be invalid or unenforceable, the other Terms or remaining provisions shall remain valid and enforceable.
10. GOVERNING LAW.
Your use of our Website and Our Service and any dispute arising out of such use of our Website and Our Service is subject to the laws of the State of California, United States of America and applicable federal law without regard to conflicts of laws principles. The prevailing party of any such action shall recover all expenses incurred in that action, including but not limited to attorney’s fees and court costs. You further agree that any dispute arising out of these Terms of Use shall be resolved individually, apart from any form of class action lawsuit.
11. FEEDBACK.
While we encourage you to provide feedback, comments and questions, it is possible that we may not be able to respond to each one. You are responsible for messages, materials and the content of all submissions and it is your responsibility to ensure any said message is accurate, reliable, original and does not infringe upon the intellectual property rights of others.
PRIVACY POLICY
The Original Diamond Club LLC (hereinafter known as “The Diamond Club”, "Diamond Club“, "us”, “we” or “our”) currently owns and operates the website www.diamondclubsb.com (“Website”). To better protect your privacy, we provide this notice (“Privacy Policy” or “Policy”) explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
We are committed to protecting your privacy and committed to developing technology that gives you the most powerful and secure experience.
This Privacy Policy applies to all Diamond Club-owned Websites. This Privacy Policy covers personally identifiable information, anonymous data collection and aggregate reporting. Personally identifiable information is any information that is associated with your name or personal identity.
Please be advised that the practices described in this Privacy Policy apply only to information gathered through our Website. Use of the Website is subject to our Terms of Use (available above) and to our personal information gathering and dissemination practices and policies as described below.
We reserve the right to change or modify our information collection, use and disclosure practices set forth in this Privacy Policy. We will use and disclose a user’s or a customer’s personally identifiable information in accordance with the Privacy Policy that was in effect when such information was collected.
What we collect
During the registration process, the types of personal information you provide to us may include, name, address, phone, fax, email address, date of birth, username and password, billing information, transaction, and credit card information. When you browse our Website, you do so anonymously. We do log your IP address (the Internet address of your phone and/or computer) to give us an idea of which part of our Website you visit and how long you spend there. We do not link your IP address to any personal information unless you have logged into our Website. Like many other commercial websites and applications, the The Diamond Club may use a standard technology called a "cookie" to collect information about how you use the Website. Please see "Use of Cookies" below for more information.
Compliance with the Children’s Online Privacy Policy Protection Act
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information through our Website from those we actually know are under thirteen (13), and no part of Our Service is structured to attract anyone under thirteen (13).
How we use it
We use your personal information for the following purposes:
- To make the Website easier for you to use by not making you enter your personal information more than once.
- To deliver services and products that you request or purchase.
- To help us create and publish content most relevant to you.
- To alert you of product upgrades, special offers, updated information and other new services provided from The Diamond Club.
- To provide feedback.
- To send periodic e-mails.
- To participate in promotional offers (both from The Diamond Club and from third parties).
- To respond to requests for assistance from our customer support team.
- To allow for secure payment online.
Who we share it with
We never sell or rent your personal information. The Diamond Club may disclose your personal information if required to do so by law (for example, a subpoena) or regulation, or in good faith to (a) comply with legal processes, or (b) protect the rights and property of The Diamond Club, or (c) where our records indicate fraudulent activity or other deceptive practices that a governmental agency should be made aware of, or (d) where your communication suggests possible harm to others.
The Diamond Club may transfer information about users if The Diamond Club is acquired by or merged with another company. The Diamond Club is not responsible for notifying user of such changes.
When you register, The Diamond Club will not share your information with third parties without your permission, other than for the limited exceptions already listed and it will only be used for the purposes stated above. We use personal information to reply to inquiries, handle complaints, provide operational notices, keep records up to date to notify you via periodic e-mails of technical service issues, specials, or other related product/service information. Your information may be shared with agents or contractors of The Diamond Club for the purpose of performing services for Diamond Offerings LLC, including but not limited to facilitating secure payment online.
Internet Commerce
The registration process through The Diamond Club is designed to give you options concerning the privacy of your credit card information, name, address, e-mail and any other information you provide us. The Diamond Club is committed to data security with respect to information collected through Our Service. We offer the industry standard security measures available through your browser called Secured Socket Layer technology or SSL encryption.
Security of your Personal Information
The Diamond Club strictly protects the security of your personal information. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
Your personal information is never shared outside our Website without your permission, except under the conditions explained above. Payments through our Website are handled by third parties using only the highest industry standard security measures. Inside our Website, data is stored in password-controlled servers with limited access.
You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your username and password, so do not share these with others.
This Website may contain links to other websites. We are not responsible for and shall not have any liability arising from the privacy practices or the content of other websites.
Access to your Personal Information
We will provide you with the means to ensure that your personal information is correct and current. You may review and update this information at any time by logging into your account.
To protect your privacy and security, we will also take reasonable steps to verify your identity, such as password and username, before granting access to your data.
Use of Cookies
Our website uses "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page or application server. Cookies cannot be used to run programs or deliver viruses to your computer or phone. Cookies are uniquely assigned to you, and can only be read by a server in the domain that issued the cookie to you. You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the website The Diamond Club services you visit. Our Website does generate certain kinds of non-identifying Website usage data, such as number of hits and visits to our Website. This information is used for internal purposes only. The statistics contain no personal information and cannot be used to gather such information.
Affiliated Businesses We Do Not Control
We may use third-party companies and individuals to perform functions on our behalf. Examples include fulfilling orders, processing payments, hosting, data storage, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. We will provide such entities with access to certain information needed to perform their functions, but will take measures to ensure that they may not use it for other purposes. We share information only as described above and with third parties that are either subject to this Privacy Policy or to their own privacy policy that is at least as protective as this Privacy Policy.
Problems or complaints with Diamond Offerings LLC's Privacy Policy
We value your comments and opinions. If you have questions, comments or a complaint about compliance with this Privacy Policy you may contact us at info@diamondclubsb.com.