Diamond Kitchen and Bath | Terms of use


Diamond Kitchen and Bath and its associates provide their services to you subject to the following conditions. If you visit and/or shop via links from this website, you accept these conditions. Please read them carefully.

ELECTRONIC COMMUNICATIONS

When you visit our web site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, video and audio clips, digital downloads, data compilations, and software, is the property of Diamond Kitchen and Bath or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Diamond Kitchen and Bath, with copyright authorship for this collection by Diamond Kitchen and Bath, and protected by international copyright laws. Unless identified with the designation "COPY FREE", the contents of this website is copyrighted by Diamond Kitchen and Bath.
Diamond Kitchen and Bath hereby authorizes you to copy documents published by Diamond Kitchen and Bath on the World Wide Web for non-commercial use only. In consideration of this authorization, you agree that any copy of these documents you make shall retain all copyright and other proprietary notices contained herein. You may not otherwise copy or transmit the contents of this website either electronically or in hard copies. You may not alter the content of this website in any manner. If you are interested in using the contents of this website in any manner except as described above, please contact Diamond Kitchen and Bath for information on licensing. Individual documents published by Diamond Kitchen and Bath on the World Wide Web may contain other proprietary notices and copyright information specific to that individual document. Except as expressly provided above nothing contained herein shall be construed as conferring any license or right under any copyright or other property right of Diamond Kitchen and Bath or any third party.
Note that any product, process, or technology in this document may be the subject of other intellectual property rights reserved by Diamond Kitchen and Bath and may not be licensed here under.

TRADE MARKS

Diamond Kitchen and Bath trademarks and trade dress may not be used in connection with any product or service that is not Diamond Kitchen and Bath, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Diamond Kitchen and Bath. All other trademarks not owned by Diamond Kitchen and Bath or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Diamond Kitchen and Bath or its subsidiaries.

LINKING TO OUR SITE

If you would like to provide links or web banners to our site, you must notify Diamond Kitchen and Bath of linking by sending an e-mail to contact@diamondkb.com and must discontinue linking if notified to do so.

LICENSE AND SITE ACCESS

Diamond Kitchen and Bath grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Diamond Kitchen and Bath. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Diamond Kitchen and Bath. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Diamond Kitchen and Bath and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Diamond Kitchen and Bath name or trademarks without the express written consent of Diamond Kitchen and Bath. Any unauthorized use terminates the permission or license granted by Diamond Kitchen and Bath. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Diamond Kitchen and Bath so long as the link does not portray Diamond Kitchen and Bath, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Diamond Kitchen and Bath logo or other proprietary graphics or trademark as part of the link without express written permission.

YOUR MEMBERSHIP ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Diamond Kitchen and Bath and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, E-MAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Diamond Kitchen and Bath reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Diamond Kitchen and Bath and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Diamond Kitchen and Bath and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Diamond Kitchen and Bath or its associates for all claims resulting from content you supply. Diamond Kitchen and Bath has the right but not the obligation to monitor and edit or remove any activity or content. Diamond Kitchen and Bath takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from Diamond Kitchen and Bath or via links from this website, are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Diamond Kitchen and Bath and its associates attempt to be as accurate as possible. However, Diamond Kitchen and Bath does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Diamond Kitchen and Bath itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY DIAMOND KITCHEN AND BATH ON AN "AS IS" AND "AS AVAILABLE" BASIS. DIAMOND KITCHEN AND BATH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DIAMOND KITCHEN AND BATH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIAMOND KITCHEN AND BATH DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DIAMOND KITCHEN AND BATH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIAMOND KITCHEN AND BATH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE TERMS OF USE, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting our site, you agree that the laws of the state of Pennsylvania, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Diamond Kitchen and Bath or its associates.

DISPUTES

Any dispute relating in any way to your visit to our site or to products you purchase through our site shall be submitted to confidential arbitration in the state of Pennsylvania, except that, to the extent you have in any manner violated or threatened to violate Diamond Kitchen and Bath intellectual property rights, Diamond Kitchen and Bath may seek injunctive or other appropriate relief in any state or federal court in the state of Pennsylvania, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Privacy Notice, posted on this site. These policies also govern your visit to Diamond Kitchen and Bath. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

QUESTIONS:

Questions regarding our Terms of use, Privacy Policy, or other policy related material can be directed to Diamond Kitchen and Bath via email: contact@diamondkb.com