Terms and Conditions

1. General

1.1 THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
1.2 These Terms and Conditions (the “Terms”) are a legally binding agreement between the User (“you”) and The Better Diamonds, Inc., (“The Better Diamonds”, “us” or “we”).
1.3 These Terms govern your access to and use of the Website, the Content, the Services (as such terms are defined below) and the features contained therein, and apply to orders that you place using the Website.
1.4 The term “including” is not intended to be exclusive and means “including without limitation”.

2. Definitions

For the purpose of these Terms:
2.1 “Content” means any input or data uploaded, displayed or otherwise available on the Website, whether published and/or uploaded by The Better Diamonds or by any other person or entity, including, but not limited to text, pictures, or any other form of information.
2.2 “External Sites” means third-party websites, plug-ins or applications.
2.3 “Intellectual Property Rights” means all intellectual, moral, industrial and/or proprietary rights, now or hereafter, recognized under any applicable law anywhere in the world, whether issued or pending, registered or unregistered, including, but not limited to (i) all forms of patents; (ii) inventions and/or discoveries (whether patentable or not); (iii) rights associated with works of authorship, including but not limited to copyrights and mask works; (iv) trademarks and service marks, trade names, domain name registration; (v) designs (whether or not capable of registration), design rights; (vi) database rights; (vii) trade secrets and know-how; (viii) all rights to confidential or proprietary information; (ix) any rights analogous to those mentioned herein; (x) all derivative works thereof; and (xi) any current or future applications, renewals, extensions, provisionals, continuations, continuations-in-part, divisions, re-exams and reissues thereof, and all of the tangible embodiments thereof.
2.4 “User” means any person or entity accessing, using or viewing the Website or using the Services.
2.5 “Services” means the services provided on the Website, including the ability to purchase items through the Website or to access External Sites or links that may be embedded within the Website, and any other action or item supported by or accessible through the Website.
2.6 “Website” means Better Diamonds’ website available at https://thebetterdiamonds.com/.

3. Accepting the Terms and Conditions

3.1 These Terms shall become effective between you and the Better Diamonds as of the date on which you first commence use of, or otherwise access, the Website or any part thereof (“Commencement Date”). Upon accessing the Website, you hereby accept the terms and conditions contained herein and agree to be bound by these Terms with respect to the access and use of the Website and the Services.
3.2 The Better Diamonds’ Privacy Policy, available at: [ADD LINK] applies to the use of this Website by the Users. By using and/or accessing the Website and/or Services, you represent and warrant that you have read and understood the aforementioned Privacy Policy and agree to its terms.

4. The Website

4.1 You expressly acknowledge and agree that any access to, or use of, the Website and/or any Content, and any consequences thereof, are at your sole risk, responsibility, and liability and shall be in accordance with these Terms.
4.2 The form and/or features of the Website may change from time to time without prior notice.
4.3 The Better Diamonds may stop (permanently or temporarily) operating the Website and/or the Services and/or displaying any of the Content (or any parts thereof) and/or restrict or terminate the use of, or access to, the Website and/or the Services if The Better Diamonds believes that the User is in violation of any provision of these Terms and/or if required to do so in order to comply with any applicable laws, statutes, directives, regulations or any other legislation, code of practice or regulatory rules in force in any applicable legal jurisdiction, without liability to The Better Diamonds.

5. Limited License

5.1 The Better Diamonds hereby grants the User a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Website, the Services and the Content, all under the condition of complying with all obligations under these Terms and under applicable laws (the “License”).
5.2 Except as explicitly mentioned herein, no other rights, implied or otherwise, are granted.

6. The Content

6.1 The Better Diamonds does not guarantee and/or warrant that the product descriptions or other Content is true, accurate, up-to-date, appropriate for use and/or compatible with any law, regulation or other legal requirement.
6.2 We make reasonable efforts to display the products listed for sale on the Website as accurately as possible. However, the display and color capabilities of your computer monitor, will affect the colors that you actually see on your screen. We cannot guarantee that your monitor’s display of any product color, texture or detail will be accurate. In addition, the dimensions of products may appear different on your monitor than the product’s dimensions.
6.3 Any use of the Content and/or the Services is at your own risk. You are solely responsible and liable for any act or omission (including any decision and/or transaction) based on the Content. The Better Diamonds bears no responsibility whatsoever with respect to any Content and/or any such act or omission.
6.4 The Better Diamonds shall have the right to collect and analyze data relating to the provision, use, and performance of various aspects of the Website and Services (including, without limitation, information concerning Content and data derived therefrom), and The Better Diamonds will be free to (i) use and otherwise exploit such information and data to monitor, improve and enhance the Website and Services and for other development, diagnostic and corrective purposes in connection with the Website and Services, and (ii) use, reproduce and disclose Website information, data and material (including Content) that is anonymized, de-identified, aggregate or otherwise rendered not reasonably associated or linked to a User (“De-Identified Data”) for product improvement and other lawful purposes, and such De-Identified Data will be owned by The Better Diamonds, and The Better Diamonds shall have no obligation to pay royalties or any other payment whatsoever with respect thereto.
6.5 The User hereby acknowledges that any access to the Content by the User through the Website will be revoked following the expiration or termination of the Services or these Terms.

7. Prices and Payment Terms

7.1 All prices posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes.
7.2 Posted prices do not include taxes (e.g., VAT and customs). All such taxes and charges will be added to the prices of the purchased products. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
7.3 The estimated value of products presented on the Website (if presented) is for appraisal and insurance purposes only.
7.4 We must receive full payment before our acceptance of an order. We may, at our sole discretion, accept payment via credit cards, debit cards, wire transfer to our bank account and other means of payment (collectively, “Means of Payment”). We may change the prices and the Means of Payment at any time but this will not affect orders for which full payment has been received prior to such change. You represent and warrant that (i) any Means of Payment information you provide to us is true, correct, and complete, (ii) you are duly authorized to use such Means of Payment for the purchase, (iii) charges incurred by you via any payment card will be honored by the card issuer, and (iv) you will pay charges incurred by you with respect to the use of the Means of Payment, as well as all applicable taxes.

8. Your Account and Placing an Order

8.1 To place an order, you must open an account with us (“Your Account”) which will require you to provide some compulsory personal information. Please see our Privacy Policy (available at [please add link]) for more information on what personal information and how that personal information will be used and stored.
8.2 You are not legally obligated to provide us with personal information, and you hereby confirm that any personal information that you provide to us, is provided at your own free will. You confirm that all information and details provided by you (including upon registration) are true, accurate and up to date in all respects and at all times.

9. Lab Grown Diamonds

OUR PRODUCTS CONTAIN LAB-GROWN DIAMONDS (THAT ARE PRODUCED IN A CONTROLLED TECHNOLOGICAL PROCESS) For further information please visit our “The Story” section on the Website.

10. Ring Size and “Find my Ring Size” Guide

10.1 For your convenience, we have prepared a ring size guide, designed to help you in measuring and determining your approximate ring size at home. Please make sure, when printing that page, that the printer setup is to 100% ratio.
10.2 The guide is available at “Find my Ring Size” [Link]. This guide may not be relied upon for accurate or exact ring size. Please note that any use of the guide is at your own risk, and we bear no responsibility for any inaccurate sizing provided.

11. Acceptance of your Order

Completion of the online checkout process does not constitute our acceptance of your offer to purchase products from us. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us. We may choose not to accept any orders in our sole discretion. After having received your order, we will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Acceptance of your order and the formation of the contract of sale between The Better Diamonds and you will not take place unless and until you have received your order confirmation email and have fully paid all sums that apply to your order.

12. Shipping and Delivery

The terms of our Shipping Policy apply to all orders placed through the Website. The Shipping Policy is hereby incorporated by reference into these Terms and forms an integral part thereof.

13. Returns and Refunds

The terms of our Return Policy apply to all orders placed through the Website. The Return Policy is hereby incorporated by reference into these Terms and forms an integral part thereof.

14. External Sites

14.1 The Services may enable access to External Sites.
14.2 Use of an External Site is subject to the terms of use of such External Site.
14.3 The User acknowledges and agrees that The Better Diamonds is not responsible for any External Site, and shall have no liability or responsibility whatsoever to the User or any third party regarding any access to and/or use of any External Site or any content therein.
14.4 You understand that by using any External Site, you may encounter content that may be deemed offensive, inappropriate, or objectionable, and which may or may not be identified as having explicit language. You acknowledge and agree that we are not responsible for any content published on an External Site.
14.5 We make no representation that any External Site is appropriate or available for use in any particular location.

15. Restrictions on Content and Use of the Website

15.1 You represent and warrant that:
15.1.1 you are at least 18 years old;
15.1.2 you are not a person who is either barred or otherwise legally prohibited from receiving the Services or using the Website under the laws of the country in which you are a resident or from which you use of or access the Website; or
15.1.3 Your access to or use of the Website are consistent with these Terms and all applicable laws, rules and regulations.
15.2 The User may not do any of the following while accessing the Website or using the Services and shall not permit or encourage any other User or third party, to directly or indirectly:
15.2.1 use the Website and/or the Services other than in compliance with these Terms and all applicable local, state, federal, and national, laws, statutes, ordinances, rules and regulations;
15.2.2 facilitate or encourage any violation of these Terms;
15.2.3 except as otherwise provided in these Terms, copy, reproduce, print, download or save a copy, republish, display, perform, advertise, distribute, transmit, broadcast, decompile, reverse engineer, disassemble, attempt to derive the source code of, adapt, modify, create derivative works from, sell, rent, lease, license, loan or otherwise make available or exploit in any form or by any means all or any portion of the Website or any Content, for any purpose;
15.2.4 remove or alter any patent numbers, copyright notices, trademark notices or other proprietary notices or identifying marks, symbols or legends included in the Website;
15.2.5 use the Website for any unlawful purpose or for promotion of illegal activities;
15.2.6 use the Website in a way that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
15.2.7 use the Website for interfering with, or disrupting (or attempting to do so), the access of any person, host or network, including, without limitation, by uploading and/or sending software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware; overloading, flooding, spamming, mail-bombing; or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Website;
15.2.8 do anything that could disable, overburden, or impair the proper activity of the Website;
15.2.9 use the Website for the benefit of a person other than yourself;
15.2.10 use the Website in a manner that violates or infringes any rights of any third party, including but not limited to, privacy rights, publicity rights or Intellectual Property Rights;
15.2.11 circumvent, disable or otherwise interfere with security-related features of the Website or features that enforce use limitations;
15.2.12 use any robot, spider, or other automated device, process or means to access, retrieve, scrape or index any portion of the Website and/or Services;
15.2.13 deep-link to the Website and/or the Services without our consent;
15.2.14 engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
15.2.15 access or use any part of the Website or Services for competitive analysis or to build a product or service which competes with the Website or Services; or
15.2.16 Use the Website or Services in a manner that could otherwise cause damage to The Better Diamonds or any third party.
15.3 You may provide links to the Website, provided that (a) you do not remove or obscure the copyright notice or other notices on the Website, (b) you do not deep-link (i.e. include a link to one of our web pages other than the Website home page) to the Website for any purpose, (c) the site from which you provide the links to the Website does not engage in illegal, gambling or pornographic activities, and (d) you discontinue providing links to the Website immediately upon request by us.

16. No Warranty

16.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, THE SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE BETTER DIAMONDS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, THE SERVICES AND THE CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, USEFULNESS, SECURITY, RELIABILITY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OR OF FITNESS FOR A PARTICULAR PURPOSE.
16.2 The laws of certain states or jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you in such jurisdictions.

17. Limited Warranty for Diamonds Purchased on the Website

17.1 THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
17.2 NOTWITHSTANDING SECTION ‎16 ABOVE, WE WARRANT THAT, DURING THE WARRANTY PERIOD, DIAMONDS INCLUDED IN PRODUCTS PURCHASED FROM THE WEBSITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP, SUBJECT TO THE TERMS CONTAINED IN THIS SECTION ‎17.
17.3 OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS SUBJECT TO WARRANTY IN ACCORDANCE WITH SECTION ‎‎17.2 ABOVE IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY.
17.4 Who May Use This Warranty? This limited warranty extends only to the original purchaser of products from the Website. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
17.5 What Does This Warranty Cover? This limited warranty covers, during the warranty period, defects in materials and workmanship in diamonds included in products purchased from the Website.
17.6 What Does This Warranty Not Cover? This limited warranty does not cover any damages due to:

(i) transportation;
(ii) storage;
(iii) improper use or care;
(iv) failure to follow the product instructions or to perform any preventive maintenance;
(v) modifications;
(vi) repair by any person other than The Better Diamonds;
(vii) normal wear and tear;
(viii) negligence; or
(ix) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
17.7 What is the Period of Coverage? This limited warranty starts on the date of your purchase and lasts (the “Warranty Period”). The Warranty Period is not extended if we repair or replace a warranted diamond. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
17.8 What Are Your Remedies Under This Warranty? With respect to any defective diamonds during the Warranty Period, we will, in our sole discretion either: (i) repair or replace such diamonds free of charge or (ii) refund the purchase price of such diamond. We will also pay for shipping and handling fees to return the repaired or replacement diamond to you if we elect to repair or replace the defective diamond.
17.9 How Do You Obtain Warranty Service? To obtain warranty service, you must call
17.10 1 (213) 988 7075 or email us at hello@thebetterdiamonds.com during the Warranty Period to obtain an RMA number. No warranty service will be provided without an RMA number. We will provide instructions on the manner in which you are required to send us the defective product, which must be strictly followed by you.
17.11 Limitation of Liability. THE REMEDIES DESCRIBED IN THIS SECTION ‎17 ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
17.12 What can you do in case of a dispute with us? See Section ‎‎22 below.

18. Limitation of Liability

18.1 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE BETTER DIAMONDS, ITS DIRECTORS, OFFICERS, EMPLOYEES AND/OR AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, (B) LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, RESULTING IN ANY WAY FROM (I) USER’S, ACCESS TO, OR USE, INABILITY TO USE, OR RELIANCE ON THE WEBSITE, THE SERVICES, ANY CONTENT AND/OR EXTERNAL SITE, (II) ANY ERRORS, OMISSIONS OR OTHER INACCURACIES IN ANY CONTENT INCLUDED IN THE WEBSITE AND/OR IN ANY EXTERNAL SITE, (III) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES, THE CONTENT AND/OR ANY EXTERNAL SITE, REGARDLESS OF THEORY OF LIABILITY (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE), EVEN IF THE BETTER DIAMONDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, (C) ANY CLAIMS OF USERS IN CONNECTION WITH THE WEBSITE, OR FOR (D) ANY THIRD PARTY CLAIMS AGAINST THE USER. NOTWITHSTANDING THE AFORESAID, NOTHING HEREIN EXCLUDES OR LIMITS LIABILITY FOR ANY MATTER FOR WHICH IT IS NOT PERMITTED BY LAW TO EXCLUDE OR LIMIT, OR TO ATTEMPT TO EXCLUDE OR LIMIT LIABILITY.
18.2 IN NO EVENT SHALL THE TOTAL LIABILITY OF THE BETTER DIAMONDS, ITS DIRECTORS, OFFICERS, EMPLOYEES AND/OR AGENTS, TO ANY USER, AND/OR ANY THIRD PARTY, FOR ALL DAMAGES EXCEED THE TOTAL AMOUNT PAID BY SUCH USER OR THIRD PARTY TO THE BETTER DIAMONDS IN THE TWELVE (12) MONTHS PRECEEDING YOUR CLAIM, WHETHER OR NOT THE BETTER DIAMONDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18.3 The laws of certain states or jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so the limitations above may not apply to you in such jurisdictions.

19. Indemnity

The User shall indemnify and hold The Better Diamonds and its directors, officers, employees, agents, partners, and licensors harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs), related to any demand or claim brought against The Better Diamonds by any third party, due to or in connection with any the use of the Website or the Services, violation of these Terms and/or any applicable law, and/or the violation of any rights of another party, by the User.

20. Ownership

20.1 You hereby acknowledge that all Intellectual Property Rights, ownership, title and interest in the Website and the Content (excluding External Sites) and the related patent rights, copyrights, trade secrets, trademarks and all other related Intellectual Property Rights, are and shall remain the sole and exclusive property of The Better Diamonds. Without derogating from the above, The Better Diamonds reserves all proprietary rights in and to all designs and other data pertaining to the Website and the Content.
20.2 The Website contains proprietary information and trade secrets that are owned by The Better Diamonds, and are protected by applicable intellectual property and other laws, including but not limited to copyright.
20.3 All copyrights in and to the Website and the Content (excluding External Sites), are owned solely and exclusively by The Better Diamonds (and/or by its licensors), who reserves all their rights in law and equity. You are not granted with any right and/or license, or ownership including any copyright, trademark or other Intellectual Property Rights to the Website or to any Content, other than as explicitly set forth in these Terms.
20.4 THE USE OF THE WEBSITE, THE SERVICES, THE CONTENT OR ANY PART THEREOF, OTHER THAN AS PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE BETTER DIAMONDS AND/OR OF OTHERS AND MAY BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES FOR COPYRIGHT INFRINGEMENT.
20.5 The Better Diamonds reserves all rights not expressly granted under these Terms.
20.6 You agree that the “The Better Diamonds” trademark, trade name, service mark, graphics, logo , The Better Diamonds Case, Boxes, Booklets, ring boxes and other brand features used in connection with the Website and the Services, are trademarks or registered trademarks of The Better Diamonds (collectively, the “The Better Diamonds Marks”). Nothing in these Terms gives a right to use or display The Better Diamonds Marks in any manner.
20.7 You may, at your sole discretion, provide your input regarding the Services and/or the Website, including, without limitation, comments or suggestions regarding the possible creation, modification, correction, improvement or enhancement of the Services, products and/or services (collectively “Feedback”). We shall be entitled to use Feedback for any purpose without notice, restriction or remuneration of any kind. The use of the Feedback, if any, shall be at The Better Diamond’s sole discretion, and The Better Diamonds, in no way, shall be obliged to make use of any kind of the Feedback or part thereof. The Better Diamonds shall be the sole owner of any rights in any inventions, developments, improvements, know-how, concepts, techniques, or other intellectual property rights in the Feedback and/or developed or conceived by The Better Diamonds as a result of any Feedback and you hereby permanently assign to The Better Diamonds, any ownership rights and any other right in the Feedback and waive any moral rights you may have thereto. You acknowledge and agree that you will not improperly use or disclose to us any confidential information or trade secrets of any third parties and will not breach any obligation of confidentiality that you may have to any third party.

21. Termination

21.1 These Terms shall be binding upon you as of the Commencement Date, and for as long as you continue to use the Website, and shall remain in effect until the expiration or replacement of these Terms with new terms (consensually or pursuant to the provisions of these Terms).
21.2 To the fullest extent permitted by applicable law, The Better Diamonds reserve the right, for any reason or for no reason, at its sole discretion and without notice to the User, to revise the Services and/or the Website and to terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, the Content presented on the Website as well as features and/or hours of availability of the Website, and The Better Diamonds will not be liable to the User or to any third party for doing so. The Better Diamonds may also impose rules for and limits on use of the Website or restrict a User’s access to a part, or all, of the Website without notice.
21.3 Without derogating from The Better Diamonds’ right to terminate these Terms, Better Diamonds, at its sole discretion, without notice to you, may terminate these Terms upon your failure to comply with any of the provisions of these Terms, without prejudice to the right of The Better Diamonds to be indemnified for its damages and for any other right and remedy. It is hereby clarified, that although The Better Diamonds has no obligation to monitor your use of the Services, The Better Diamonds may do so at its own discretion and may terminate these Terms, as detailed above, if The Better Diamonds believes that any use of the Services may be (or is alleged to be) in violation of these Terms or applicable laws, regulations, guidelines, professional standards, codes of conduct, etc.
21.4 In all such cases, these Terms shall terminate, but the provisions which by their nature would continue beyond termination (including, without limitation, the provisions of Sections ‎16 ‎18, ‎19, ‎20, ‎21 and ‎22), shall survive such termination for any reason and shall continue to apply.
21.5 Upon termination of these Terms: (a) the License shall immediately expire; (b) the User shall cease any use of the Website and/or the Services; (c) the User will lose any access to the Content; and (d) The Better Diamonds reserves the right (at its sole discretion) to permanently delete any Content at any time following the effective date of termination of these Terms, and you hereby waive any rights and/or remedies with respect to such deletion of Content.

22. Governing Law and Jurisdiction

22.1 These Terms shall be governed and construed in accordance with the substantive laws of the State of California, without reference to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.
22.2 You hereby irrevocably submit to the exclusive jurisdiction of the courts of the City of Los Angeles, California, to resolve any dispute arising out of or pursuant to these Terms, and you hereby consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Notwithstanding the above, you agree that The Better Diamonds shall still be allowed to apply for injunctive remedies in any jurisdiction.

23. Miscellaneous

23.1 Entire Agreement. These Terms contain the complete agreement between you and The Better Diamonds regarding your use of the Website and/or Services and supersede and replace all prior or agreements or understandings, written or oral, with respect thereto.
23.2 Severability. In the event that any provision of these Terms is held to be invalid or unenforceable, that provision shall be construed, limited, modified or deleted, to the extent necessary to eliminate any invalidity or unenforceability, and the remaining provisions of these Terms remain in full force and effect.
23.3 Waiver. No waiver on the part of The Better Diamonds of any right under these Terms shall be effective unless in writing and signed by The Better Diamonds’ duly authorized representative. No waiver on the part of The Better Diamonds of any past or present right arising from any breach or failure to perform shall be deemed as a waiver of any future right arising under these Terms.
23.4 Assignment. You may not assign, subcontract or otherwise transfer any of your rights and/or obligations under these Terms. The Better Diamonds may assign and/or subcontract some or all of these Terms to any third party in connection with a merger, acquisition, sale of assets, by operation of law, or otherwise. These Terms shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and permitted assigns.
23.5 No Third-Party Beneficiaries. These Terms do not create any obligation of The Better Diamonds to any third parties, nor shall they be deemed to create any rights or causes of action on behalf of any third parties.
23.6 Changes to these Terms. The Better Diamonds may change these Terms from time to time, at its own reasonable discretion and encourages you to review them periodically. The Better Diamonds will provide the User with written notice of substantial changes to these Terms on the Website. Such substantial changes will take effect fifteen (15) days after such notice was provided on the Website, or as required by law. All other changes to these Terms are effective immediately upon publication of the updated Terms on the Website. Your continued use of the Website and/or Services after the publication of the updated Terms will be deemed acceptance of any and all such changes.

24. Contact Information

In case of any questions or comments regarding these Terms, please contact The Better Diamonds at1 (213) 988 7075

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Last updated: April 13, 2023