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Terms of Use

Welcome to our website. At Rocky Mountain Diamond, we always appreciate your business. If you would like to provide feedback about RockyMountainDiamond.com, or recommend a way we can improve the buying experience, please click here. In addition, we offer a Secure Purchase Guarantee to ensure your comfort when buying on our website.
 
RockyMountainDiamond.com provides services to you subject to the terms and conditions included in this Terms of Use and other customer service pages which we have prepared to help make your shopping experience with Rocky Mountain Diamond as enjoyable and problem-free as possible. Please read them carefully. By visiting or using this website, you acknowledge that you have read and understood, and agree to be bound by, these Terms of Use. You also agree to comply with all applicable laws and regulations, including United States Copyright and Trademark laws. If you do not agree to these terms, please do not use the Rocky Mountain Diamond website.
 
PRIVACY
Please review Rocky Mountain Diamond’s Privacy Policy, which also applies to your visit to and use of any Rocky Mountain Diamond website.
 
Ownership and Copyright
This RockyMountainDiamond.com website is owned and operated by Rocky Mountain Diamond, LLC. Unless otherwise noted, all design and content included on this website, including text, graphics, logos, icons, images, artwork, audio and video clips and software is the property of Rocky Mountain Diamond (or is used under license to Rocky Mountain Diamond) and is protected by United States and international copyright laws.
 
Trademarks
Rocky Mountain Diamond, RockyMountaindDiamond.com and other marks indicated on RockMountainDiamond.com are trademarks and/or service marks of Rocky Mountain Diamond, LLC. Other graphics, logos, headers, icons, scripts and service names are also trademarks or trade dress of Rocky Mountain Diamond. Rocky Mountain Diamond’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not Rocky Mountain Diamond’s, in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits Rocky Mountain Diamond. All other trademarks related to the products sold on this website are the sole property of their respective owners.
 
Nothing on this website or in these Terms of Use should be construed as any license or right to use any trademarks or service marks displayed on the website without the express written permission of Rocky Mountain Diamond or the trademark or service mark owner. Neither the names “RockyMountainDiamond.com” or “Rocky Mountain Diamond” nor Rocky Mountain Diamond’s logos may be used for any purpose without Rocky Mountain Diamond’s prior written consent. Rocky Mountain Diamond’s logos may not be used as a “hot” link to any other website without Rocky Mountain Diamond’s prior written consent.
 
Use of Website
Rocky Mountain Diamond’s website and content are intended solely for personal and non commercial use by visitors and on-line shoppers. Any use of any Rocky Mountain Diamond website or its content other than for personal and non-commercial purposes is prohibited. You agree not to reproduce, publish, transmit, distribute, modify, create derivative works from, or commercially exploit in any way any of the content of any Rocky Mountain Diamond website. However, you may download, electronically copy and print any of the content of a Rocky Mountain Diamond website for your personal, non-commercial use only. This is a revocable license, not a transfer of title, and is subject to the restrictions that you may not (a) modify the content or use it for any commercial purpose, or any public display, performance, sale or rental, (b) decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use any Rocky Mountain Diamond website in any manner that may be harmful to the operation of the website or its content.
 
Your Account
If you access or use any Rocky Mountain Diamond website, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to be responsible for all activities that occur under your account or password. If you are under 18 years old, you may use RockyMountainDiamond.com only with the involvement of a parent or guardian. Rocky Mountain Diamond reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion.
 
Comments and Suggestions
We appreciate hearing from our customers and welcome your comments and suggestions regarding Rocky Mountain Diamond’s website(s) and the products offered for sale by Rocky Mountain Diamond, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion.
 
If you do submit comments or suggestions, you should be aware that Rocky Mountain Diamond’s policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. Rocky Mountain Diamond values your feedback on our products and our service but requests that you be specific in your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments or suggestions that you do send to Rocky Mountain Diamond will become the property of Rocky Mountain Diamond and shall not be subject to any obligation of confidentiality on the part of Rocky Mountain Diamond. Rocky Mountain Diamond shall not be liable for any use or disclosure of any such feedback, comments or suggestions. Rocky Mountain Diamond shall be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.
 
Product Descriptions
Rocky Mountain Diamond makes all reasonable efforts to display the products listed for sale on its website(s) as accurately as possible. However, the colors we use, as well as the display and color capabilities of your computer monitor, will affect the colors that you actually see on your screen. Rocky Mountain Diamond cannot guarantee that your monitor’s display of any product color, texture or detail will be accurate. In addition, Rocky Mountain Diamond does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. While Rocky Mountain Diamond makes every effort to ensure that our products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, Rocky Mountain Diamond reserves the right to refuse sale that item. If the pricing error is discovered after payment has been finalized, Rocky Mountain Diamond reserves the right to cancel the sale and refund the transaction in full. If a product offered by Rocky Mountain Diamond is not as described, your sole remedy is to return it in unused condition.
 
Other Sites
Rocky Mountain Diamond’s website(s) contain links to websites that are not maintained by Rocky Mountain Diamond. We try to include links to only those websites that are in good taste and safe for our visitors, but we are not responsible for the content or accuracy of any websites other than our own and cannot guarantee that such websites will not change without our knowledge. The inclusion of a link in this website does not imply Rocky Mountain Diamond’s endorsement of the website. If you decide to use any links to access other websites, you do so at your own risk.
 
Disclaimer of Warranties and Limitation of Liability
The materials and information provided by Rocky Mountain Diamond on any of its websites are provided on an “as is” and “as available” basis. Rocky Mountain Diamond makes no representations or warranties of any kind, express or implied, as to the operation of its website(s) or the information, content, materials or products included on its website(s). You agree that your access to, and use of all Rocky Mountain Diamond website(s) is at your own risk. To the fullest extent permissible by applicable law, Rocky Mountain Diamond disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Rocky Mountain Diamond does not warrant that its website(s), its servers, or email sent from Rocky Mountain Diamond are free of viruses or other harmful components. Rocky Mountain Diamond will not be liable for any damages of any kind arising from use of this site, including, without limitation, indirect, incidental, punitive or consequential damages.
 
This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You also specifically acknowledge that Rocky Mountain Diamond is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties.
 
The law of certain states may not allow limitations on warranties or damages as described above. If such law applies to you, some or all of the above disclaimers, exclusions or warranties may not apply to you and you nay have additional rights. However, in no event shall Rocky Mountain Diamond’s aggregate liability to you for all claims, damages, losses, and causes of action exceed the amount paid to Rocky Mountain Diamond by you for accessing Rocky Mountain Diamond’s website(s).
 
You agree to defend, indemnify, and hold harmless Rocky Mountain Diamond and its officers, directors, stockholders, affiliates, employees and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of any Rocky Mountain Diamond website or your breach of these Terms of Use.
 
Applicable Law
By visiting Rocky Mountain Diamond’s website(s), you agree that the law of The State of Utah, without regard to principles of conflict of laws, shall govern these Terms of Use and any dispute that may arise between you and Rocky Mountain Diamond. If any court of competent jurisdiction determines that any provision, or any portion thereof, contained in these Terms of Use is unenforceable in any respect, such provision shall be deemed limited to the extent that such court deems it enforceable, and as so limited shall remain in full force and effect. If such court shall deem any such provision, or portion thereof, wholly unenforceable, the remaining provisions of these Terms of Use shall nevertheless remain in full force and effect. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Rocky Mountain Diamond relating to your access to and use of Rocky Mountain Diamond’s website(s).
 
Dispute Resolution
Any dispute arising with respect to this Agreement shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate federal or state court located in Salt Lake City, Utah.
 
Modification
Rocky Mountain Diamond reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check this page periodically for changes. You agree that each time you visit any Rocky Mountain Diamond website, your visit to and use of such website will be subject to and bound by the then current version of these Terms of Use.
 
Payment Terms
(a) Payment Processing: [RockyMountainDiamond.com] (“Supplier”) provides international payment processing and order fulfillment through its designated service provider, Klarna Bank AB. (doing business as Klarna) (“Klarna”) as the Merchant-of-Record. When placing an order through Supplier, your order will be processed using Klarna checkout and payment processing services, and you acknowledge and agree that: (a) your payment transaction will be processed via Klarna, not Supplier, and (b) upon successful verification and authentication by Klarna of payment information provided by you, Klarna will accept the transaction, and purchase the products from Supplier for the sole purpose of reselling such products to you at a price equal to the amounts presented to and agreed-upon by you. Klarna will provide the merchant or Supplier with its own payment information to purchase the products you have ordered, and Klarna will resell such products to you and bill the payment information you have provided. Klarna acquires flash title to the products when the products exit the jurisdiction of Supplier. After Klarna purchases and takes title to products from the the Supplier to fulfill an order you have placed, you take title from Klarna before the products enter the jurisdiction that you have designated as your address for delivery. All items purchased from Klarna are made pursuant to a shipment contract. In the event of any disparity or inconsistency between the terms of any shipment contract or order fulfilment terms, the terms of this agreement shall prevail to the extent required to resolve the disparity or inconsistency. (b) Billing. If you provide a credit card as your tender type, your credit card will be billed by Klarna, and charges to your account will be accompanied by the descriptor “Klarna” (or such other descriptor as Klarna may deploy), which denotes the Klarna system, and that Klarna is the supplier whose products you have purchased through Klarna. If you paid using your PayPal account, charges to your account will be accompanied by the descriptor “MERCHANT VIA Klarna” (or such other descriptor as Klarna may deploy). In either case, you will only be billed after your products have been received, processed and dispatched for delivery by Klarna. In the event of the receipt of any parcel from Supplier containing only part of an order, Klarna will process the products received, and will only bill for an amount commensurate with the price of the products therein, pro-rated amounts for shipping and/or handling, plus any duty, taxes, VAT (unless Klarna and Supplier offered, and you accepted, the option of having your order shipped DAP (‘delivered at place’)). Notwithstanding the foregoing, in the event of an order being fulfilled by Supplier in multiple parcels, unless expressly consented to by you, in no instance will the aggregate amount billed to you by Klarna exceed the total amount presented at the time of order placement by you. If there is a technical error in the Klarna system which processes or accepts a transaction at an exchange rate which is manifestly off-market, that transaction shall be void.
 
Date of Last Update of these Terms of Use: September 22, 2018.
 
Rocky Mountain Diamond’s website(s) are operated by Rocky Mountain Diamond, LLC. from its offices in Salt Lake City, Utah. Rocky Mountain Diamond makes no representations that the contents of any of its website(s) are appropriate or available for use in other locations. Visitors who choose to access any Rocky Mountain Diamond website from other locations do so on their own initiative and are responsible for compliance with applicable local law.
Once again, we thank you for your interest in Rocky Mountain Diamond. We hope that your experience at any Rocky Mountain Diamond website is enjoyable.

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