Introduction / Acceptance of
Terms: Barrett Diamond Products, Inc. offers you a wide variety of on-line
products and services, on the following terms.
By using the Service in
any way you are agreeing to comply with these terms, which we may update
without notice. We encourage you to check out these terms here, at any time.
You must be at least 18 years old and competent to enter into a contract to use
the Service. Unless we expressly note otherwise, these terms incorporate and
supersede any other terms associated with the files, information and prices
available on the domain "www.BarrettDiamond.com", its sub-domains, and any international counterparts and sub-domains, as
well as affiliated domains and sub-domains operated by Barrett Diamond
Products, Inc. ("BarrettDiamond.com", "BDP", "we", "us", or "Service").
Your Responsibility For Content & Conduct: You are
responsible for any content that you post or transmit on or through the
Service. You will not use the Service to distribute, link to, or solicit
content that: is unlawful, harmful to minors, threatening, harassing, abusive,
defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous,
invasive of another's privacy, or racially, ethnically or otherwise offensive;
includes personally identifiable information about children; infringes someone
else's intellectual property or other rights; advocates or solicits violence or
other criminal conduct; violates any law, regulation, or contract; promotes
participation in multi-level or pyramid marketing initiatives; constitutes a
raffle, sweepstakes, lottery, or any other form of gambling; specifically
advertises firearms or ammunition, tobacco, alcohol, pornography, or any other
product or service that is illegal in California, or the domicile of either the
distributor or recipient; constitutes unsolicited or unauthorized advertising,
junk or bulk e-mail, chain letters, or any other unsolicited commercial
communication. You will comply with all applicable laws and regulations
regarding on-line conduct and content. You will not use the Service to collect,
store, or use information about others for the purpose of sending unsolicited
or unauthorized communications. Except as we specifically authorize (via
license or otherwise), and you will not reproduce, distribute, or commercially
exploit any part of the Service.
Accurate Information: You will
provide accurate and current information on all registration forms on the
Service. You will not impersonate any person or entity, misrepresent your
affiliation with a person or entity; or misrepresent the origin of any content
distributed through Barrett Diamond Products, Inc..
Privacy: We
take your privacy seriously. Please view our comprehensive privacy policy. When you enter into transactions with or provide information to other
companies providing content to Barrett Diamond Products, Inc., you will be
subject to their privacy policies.
Security / No Disruption: You
are responsible for all activities that occur under your password or account,
and will keep your password(s) confidential. You will immediately notify us of
any unauthorized use of your password or account or any other breach of
security. You will not disrupt the functioning of the Service, solicit another
user's password, or otherwise act in a way that interferes with other users'
use of the Service. Nor may you post or distribute any computer program that
damages, detrimentally interferes with, surreptitiously intercepts, or
expropriates any system, data, or personal information.
Objectionable Content: The opinions and views expressed by other
users of the Service or content providers do not necessarily reflect those of
Barrett Diamond Products, Inc. You waive any claim resulting from your exposure
to material on the Service that is offensive, indecent, or otherwise
objectionable.
Barrett Diamond Products, Inc. Discretion Over
Content: Use, storage, and operation of the Service We may edit, move, or
delete any content on the Service (including content or communications that you
have provided) for any reason, and may preserve and disclose content or user
information if required to do so by law or in the good faith belief that doing
so is necessary to: (a) comply with legal process; (b) enforce these terms, (c)
respond to claims that any content violates the rights of third parties; (d)
protect the rights, property, or personal safety of Barrett Diamond Products,
Inc., its users, or the public, or (e) administration of the Service. We
generally do not pre-screen, monitor, or edit content provided by third
parties. We are not responsible for any failure to remove or delay in removing
harmful, inaccurate, unlawful, or otherwise objectionable content originating
with or otherwise provided by third parties.
We may change or terminate
the Service or any part of it without notice or liability. We may terminate or
change your password, account, or use of all or any part of the Service and may
remove any content within the Service without notice and for any reason,
including lack of use or violation of these terms.
License of Your
Content: If you post content in areas available to the general public, you
are giving us the world-wide, royalty-free, perpetual, irrevocable,
sub-licensable, and non-exclusive license to use, reproduce, modify, adapt,
frame, brand, co-brand, and publish such content in any media now known or
later developed, including the right to make the content available to the
general public via the applicable licenses. If you submit summary files or
other materials to the Service or Barrett Diamond Products, Inc., you license
us to display, distribute, frame, and link to that content and warrant that you
have all rights necessary to authorize the distribution and re-distribution of
that content. You will provide information that we reasonably request related
to any claim that your content infringes the rights of a third party.
Dealings With Advertisers: A number of other companies supply
content to the Service and may make offers available to you. You deal with and
enter into transactions with advertisers or suppliers of content to the Service
at your own risk. While the Barrett Diamond Products, Inc. trademark and
copyright will appear on all pages available via the Service, to let you know
that you are still within BarrettDiamond.com, we are not a party to any such
third-party transactions and are not liable for any claims or damages that may
result from them.
Links to Third-Party Sites: We or third-party
providers of content may provide links to other World Wide Web sites or
resources. We do not control these sites and resources, do not endorse them,
and are not responsible for their availability, content, or delivery of
services.
Indemnity: You will indemnify Barrett Diamond
Products, Inc., and its subsidiaries, affiliates, officers, agents, and
employees against any claim or demand, including reasonable attorneys' fees,
related to content you distribute via the Service or your use of, or conduct
on, the Service.
Disclaimer / Limitation of Liability: WHILE WE
USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE
SERVICE, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS,
AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, PRODUCTS, PRICES, OR OTHER
MATERIALS AVAILABLE THROUGH THE SERVICE, AND YOU SHOULD NOT RELY UPON THEM. WE
PROVIDE THE SERVICE ON AN "AS IS, AS AVAILABLE" BASIS. YOU USE IT AT YOUR OWN
RISK, AND BARRETT DIAMOND PRODUCTS, INC., ITS EMPLOYEES, DISTRIBUTORS,
DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT
OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL,
INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT
MAY RESULT FROM ITS USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID. IF
ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL
BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Trademark
Information: Our trademarks identify our products and services. You may
make fair use of our trademarks in advertising and promotional materials, and
in referring to our products and services (for example, in a magazine article)
without our permission, provided you follow standard trademark usage practices
and provide proper attribution. Other uses require our written permission.
Please make such requests by email to permissionteam@BarrettDiamond.com. You may never use our trademarks in the following ways: In a non-Barrett
Diamond Products, Inc. product name or publication title. In, as, or as part of
your own trademarks. To identify products or services that are not Barrett
Diamond Products, Inc. products. To cause confusion. To suggest inaccurately
that we sponsor, endorse, or are otherwise connected with your activities,
products, or services. To disparage Barrett Diamond Products, Inc. In any other
manner that Barrett Diamond Products, Inc., or its users would find offensive.
Except as noted above, you may not use, copy, or redistribute Barrett Diamond
Products, Inc., logos or trademarks without written or electronic permission
from Barrett Diamond Products, Inc. If you do not have a pre-existing agreement
with Barrett Diamond Products, Inc., you may request permission for logo use,
but such permission is granted only infrequently. Send your request for
permission to use a Barrett Diamond Products, Inc. logo or trademark to permissionteam@BarrettDiamond.com, with "Barrett Diamond Products, Inc., Logo Request" in the subject line.
Please include a description of your company, which logo you want to use, why
and how you want to use it, and a mock-up showing the proposed use.
Copyright Information: We own intellectual property rights to
the content on the Service and its design, structure, and compilation
(sometimes known as "look and feel"). It is very easy to copy things in cyber
space, but not necessarily always acceptable or legal. You must have the legal
right to any content you upload or download using the Service. Unless otherwise
noted, you may view, copy, download, and print BarrettDiamond.com documents
from the Service so long as you use them only for personal, non-commercial
purposes and do not post, distribute, or modify them or remove any copyright,
trademark, or other proprietary notices. For permission to use third-party
materials appearing on the Service, please contact the copyright owner.
General Terms: This Agreement constitutes the entire agreement between
you and Barrett Diamond Products, Inc. and governs your use of the Service,
superseding any prior agreements. Additional or different terms and conditions
may apply when you use affiliated web sites, third-party content, or
third-party services. Interpretations of the Agreement and determinations that
you have breached the Agreement will be made at our reasonable discretion and
based on facts known to us. The laws of the State of California except for its
conflict-of-law provisions govern this Agreement and our relationship. You
agree to submit to the personal and exclusive jurisdiction of the state and
federal courts located in California for any claim or dispute with Barrett
Diamond Products, Inc., or any of its subsidiaries, affiliates, officers,
agents, or employees. Our failure to enforce any right under this Agreement
will not waive that right. If any provision of this Agreement is invalid, the
Agreement should be interpreted to effect the intent of the parties, and the
remaining provisions will remain in effect. You must file any claim or suit
related to the Service within one year after it arises. The section titles in
this Agreement are for convenience only and have no substantive effect.
