1. DESCRIPTION OF SERVICES
Visitors. Visitors, as the name implies, are people or entities who visit the Website or request additional information from us, but do not sign in as Registered Users. They can (i) view all publicly accessible content, and (ii) contact us.
Registered Users. Registered Users are people or entities who register to use certain restricted sections of the Website. Login is required for all Registered Users. Registered Users can do all the things that Visitors can do, and may access and use certain restricted sections of the Website.
We are under no obligation to accept any individual as a Registered User, and may accept or reject any Registered User in our sole and complete discretion.
2. USE OF THE WEBSITE
By accessing or using the Website, you hereby agree that:
You will not use the Website for any unlawful purpose.
You will not use automated means, including deep-linking, page-scraping, spiders, robots, crawlers, data mining tools, or any other automatic devices, programs, algorithms or methodologies, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Diamond Communications server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Diamond Communications, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Diamond Communications’ systems or networks, or any systems or networks connected to the Website or to Diamond Communications.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal you send to Diamond Communications on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Website, without notice and without liability to you, if you fail to adhere to these guidelines.
3. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS
During the registration process for Registered Users, we will ask you to create an account, which includes a user name (“User Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each User Name and corresponding Password can be used by only one Registered User. You are solely responsible for maintaining the confidentiality and use of your User Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Website using one or more of them. You will promptly inform us of any need to deactivate a Password or User Name, or change any Unique Identifier. We reserve the right to delete or change your Password, User Name, or Unique Identifier at any time and for any reason. Diamond Communications will not be liable for any loss or damage caused by any unauthorized use of your account.
4. INTELLECTUAL PROPERTY
The trademarks, service marks, and logos of Diamond Communications (“Diamond Communications Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Diamond Communications. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Diamond Communications Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Diamond Communications Trademarks inures to our benefit.
Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
5. COMMUNICATIONS TO US
Although we encourage you to e-mail or message us, we do not want you to, and you should not, e-mail or message us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.
6. DISCLAIMERS; LIMITATION OF LIABILITY
Diamond Communications does not promise that the Website or any Content, service or feature of the Website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results. The Website and its Content are delivered on an “as-is” and “as-available” basis. All information provided on the Website is subject to change without notice. Diamond Communications cannot ensure that any files or other data you download from the website will be free of viruses or contamination or destructive features. Diamond Communications disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Diamond Communications disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Website or any Diamond Communications services. You assume total responsibility for your use of the Website and any linked sites. Your sole remedy against Diamond Communications for dissatisfaction with the Website or any Content is to stop using the Website or any such Content. This limitation of relief is a part of the bargain between the parties.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Diamond Communications reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Except where prohibited by law, in no event will Diamond Communications be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Diamond Communications has been advised of the possibility of such damages.
7. EXTERNAL SITES
The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
9. COMPLIANCE WITH APPLICABLE LAWS
The Website is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
11. GOVERNING LAW; DISPUTE RESOLUTION
Copyright © 2019 Diamond Communications. All rights reserved.
Updated by Diamond Communications on September 16, 2019.