This website is provided “as is” without any representations or warranties, express or implied. Diamond Services USA makes no representations or warranties in relation to this website or the information and materials provided on this website. Diamond Services USA may change or modify the terms or information from time-to-time without notice other than posting the amended Terms on the website. The amended Terms will automatically be effective when posted on our website. Your continued use of our website after any changes in these Terms shall constitute your consent to such changes. Diamond Services USA reserves the right to change, modify or discontinue, temporarily or permanently, the website (or any portion thereof) including any and all content contained on the website, at any time without notice. You agree that Diamond Services USA shall not be liable to you or to any third party for any modification, suspension of discontinuance of the website (or any portion thereof).
Limitations of liability
Diamond Services USA will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Diamond Services USA has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Diamond Services USA liability in respect of any:
- fraud or fraudulent misrepresentation on the part of Diamond Services USA; or
- matter which it would be illegal or unlawful for Diamond Services USA to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a corporation, Diamond Services USA has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Diamond Services USA officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Diamond Services USA’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Diamond Services USA .
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Registration, Password and Security
If any portion of the website requires you to register or open an account, you may also be asked to choose a password and a user name or be assigned a password and user name by Diamond Services USA. You are responsible for maintaining the confidentiality of the password and account and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify Diamond Services USA of any unauthorized use of your password or account or any other breach of security. Without limiting any rights that Diamond Services USA may have, Diamond Services USA reserves the right to take any and all action, as it deems reasonable or necessary, to ensure the security of the website and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on the website. Notwithstanding the above, Diamond Services USA may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Diamond Services USA be held liable to you for any liabilities resulting from or arising out of (i) any action or inaction of Diamond Services USA under this provision; (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password.
The security of your identifying information is important to us. While there is no such thing as “perfect security” on the internet, we will take reasonable steps to help ensure the safety of your information. However, you understand and agree that such steps do not guarantee the use of the website is invulnerable to all security breaches, and that Diamond Services USA makes no warranty, guarantee, or representation that use of our website is protected from viruses, security threats or other vulnerabilities.
Trademarks and Servicemarks
Trademarks (including but not limited to Diamond Services USA and its logo) that are used or displayed on the website are owned by Diamond Services USA, Inc. The trademarks of Diamond Services USA may not be copied or used, in whole, partial or modified form, without the prior written permission of Diamond Services USA. In addition, Diamond Services USA custom graphics, logos, button icons, scripts and page headers are covered by trademark, trade dress, copyright or other proprietary right law and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Diamond Services USA.