Terms
and Conditions
Last
updated: Dec 21, 2024
Please read
these terms and conditions carefully before using Our Service.
Acknowledgment
These Terms
and Conditions govern the use of this Service and establish the agreement
between You and the Company. They outline the rights and responsibilities of
all users regarding their use of the Service.
Your access
to and use of the Service are subject to Your acceptance of and adherence to
these Terms and Conditions. They apply to all visitors, users, and others who
access or utilize the Service.
By accessing
or using the Service, You agree to be bound by these Terms and Conditions. If
You do not agree with any part of them, You may not access the Service.
You confirm
that You are at least 18 years old. The Company does not permit individuals
under the age of 18 to use the Service.
Your access
to and use of the Service are also contingent upon Your acceptance of and
compliance with the Company's Privacy Policy. The Privacy Policy outlines Our
practices regarding the collection, use, and disclosure of Your personal data
when using the Application or Website and informs You of Your privacy rights
and legal protections. Please review Our Privacy Policy carefully before using
the Service.
Interpretation and
Definitions
Interpretation
The words of
which the initial letter is capitalized have meanings defined under the
following conditions. The following definitions shall have the same meaning
regardless of whether they appear in singular or in plural.
Definitions
For the
purposes of these Terms and Conditions:
·
Affiliate means an entity that controls, is controlled by
or is under common control with a party, where "control "means
ownership of 50% or more of the shares, equity interest or other securities
entitled to vote for election of directors or other managing authority.
·
Country refers to: California
·
Company (referred to as either "the Company ",
"We ", "Us "or "Our "in this Agreement) refers to
Bright Diamond
·
Device means any device that can access the Service
such as a computer, a cellphone or a digital tablet.
·
Service refers to the Website.
·
Terms and Conditions (also referred as "Terms
") mean these Terms and Conditions that form the entire agreement between
You and the Company regarding the use of the Service. This Terms and Conditions
agreement has been created with the help of the Terms
and Conditions Generator .
·
Third-party Social Media Service means any services or
content (including data, information, products or services) provided by a
third-party that may be displayed, included or made available by the Service.
·
Website refers to Bright Diamond, accessible from http://www.brightdiamondmf.com
·
You means the individual accessing or using the Service, or
the company, or other legal entity on behalf of which such individual is
accessing or using the Service, as applicable.
"AS IS "and "AS AVAILABLE
"Disclaimer
The Service
is provided to You "AS IS "and "AS AVAILABLE "and with all
faults and defects without warranty of any kind. To the maximum extent
permitted under applicable law, the Company, on its own behalf and on behalf of
its Affiliates and its and their respective licensors and service providers,
expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Service, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement,
and warranties that may arise out of course of dealing, course of performance,
usage or trade practice. Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind
that the Service will meet Your requirements, achieve any intended results, be
compatible or work with any other software, applications, systems or services,
operate without interruption, meet any performance or reliability standards or
be error free or that any errors or defects can or will be corrected.
Without
limiting the foregoing, neither the Company nor any of the company 's provider
makes any representation or warranty of any kind, express or implied: (i) as to
the operation or availability of the Service, or the information, content, and
materials or products included thereon; (ii) that the Service will be
uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency
of any information or content provided through the Service; or (iv) that the
Service, its servers, the content, or e-mails sent from or on behalf of the
Company are free of viruses, scripts, trojan horses, worms, malware, timebombs
or other harmful components.
Some
jurisdictions do not allow the exclusion of certain types of warranties or
limitations on applicable statutory rights of a consumer, so some or all of the
above exclusions and limitations may not apply to You. But in such a case the
exclusions and limitations set forth in this section shall be applied to the
greatest extent enforceable under applicable law.
Limitation of Liability
Notwithstanding
any damages that You might incur, the entire liability of the Company and any
of its suppliers under any provision of this Terms and Your exclusive remedy
for all of the foregoing shall be limited to the amount actually paid by You
through the Service or 100 USD if You haven 't purchased anything through the
Service.
To the
maximum extent permitted by applicable law, in no event shall the Company or
its suppliers be liable for any special, incidental, indirect, or consequential
damages whatsoever (including, but not limited to, damages for loss of profits,
loss of data or other information, for business interruption, for personal
injury, loss of privacy arising out of or in any way related to the use of or
inability to use the Service, third-party software and/or third-party hardware
used with the Service, or otherwise in connection with any provision of this
Terms), even if the Company or any supplier has been advised of the possibility
of such damages and even if the remedy fails of its essential purpose.
Some states
do not allow the exclusion of implied warranties or limitation of liability for
incidental or consequential damages, which means that some of the above
limitations may not apply. In these states, each party 's liability will be
limited to the greatest extent permitted by law.
Termination
We may
terminate or suspend Your access immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if You
breach these Terms and Conditions.
Upon
termination, Your right to use the Service will cease immediately.
Links to Other Websites
Our Service
may contain links to third-party web sites or services that are not owned or
controlled by the Company.
The Company
has no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party web sites or services. You further
acknowledge and agree that the Company shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with the use of or reliance on any such content, goods or
services available on or through any such web sites or services.
We strongly
advise You to read the terms and conditions and privacy policies of any
third-party web sites or services that You visit.
United States Legal
Compliance
You represent
and warrant that (i) You are not located in a country that is subject to the
United States government embargo, or that has been designated by the United
States government as a "terrorist supporting "country, and (ii) You
are not listed on any United States government list of prohibited or restricted
parties.
Disputes Resolution
If You have
any concern or dispute about the Service, You agree to first try to resolve the
dispute informally by contacting the Company.
For European Union (EU)
Users
If You are a
European Union consumer, you will benefit from any mandatory provisions of the
law of the country in which you are resident in.
Governing Law
The laws of the
Country, excluding its conflicts of law rules, shall govern this Terms and Your
use of the Service. Your use of the Application may also be subject to other
local, state, national, or international laws.
Severability and Waiver
Severability
If any
provision of these Terms is held to be unenforceable or invalid, such provision
will be changed and interpreted to accomplish the objectives of such provision
to the greatest extent possible under applicable law and the remaining
provisions will continue in full force and effect.
Waiver
Except as
provided herein, the failure to exercise a right or to require performance of
an obligation under this Terms shall not effect a party 's ability to exercise
such right or require such performance at any time thereafter nor shall be the
waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms
and Conditions may have been translated if We have made them available to You
on our Service. You agree that the original English text shall prevail in the
case of a dispute.
Changes to These Terms and
Conditions
We reserve
the right, at Our sole discretion, to modify or replace these Terms at any
time. If a revision is material We will make reasonable efforts to provide at
least 30 days 'notice prior to any new terms taking effect. What constitutes a
material change will be determined at Our sole discretion.
By continuing
to access or use Our Service after those revisions become effective, You agree
to be bound by the revised terms. If You do not agree to the new terms, in
whole or in part, please stop using the website and the Service.
Instructions for SMS
By providing
your phone number, you agree to receive text messages from Bright Diamond.
Message and Data rates may apply. Message frequency varies, we will send you a
verification text to verify your identity and also send account notifications.
Reply STOP to unsubscribe and HELP for assistance. Please note that your data
will not be rented nor sold to any third party. It will be used solely to
conducting day to day business as required with you as a employee, client or
vendor.
Contact Us
If you have
any questions about these Terms and Conditions, You can contact us:
·
By phone number: (818) 538-5340