Terms & Conditions
These terms and conditions apply to the Endless Embrace website located at www.endlessdiamond.com,
and all associated Web sites linked to www.endlessdiamond.com Endless Embrace, its
subsidiaries and affiliates (collectively referred to as ‘Site’). Please
read these terms and conditions (the 'Terms and Conditions') carefully. BY USING
THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
These Terms and Conditions govern your use of, and any purchase from, EndlessDiamond.com Site, and constitute an agreement between you and Endless Embrace. Endless Embrace reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
Product Availability
and Pricing
If you're interested in a piece of jewelry that is currently on back order, call
us and we can tell you when the item will be back in stock. Sometimes with the volume
of orders we receive, an item may go out of stock before we are able to post a notification
on the Site. If this happens, we will contact you directly to discuss possible options.
Data, including prices, may be inaccurately displayed on our Site due to system
or typographical errors. While we make every attempt to avoid these errors, they
may occur. We reserve the right to correct any and all errors when they do occur,
and we do not honor inaccurate or erroneous prices. If a product's listed price
is lower than its actual price, we will, at our discretion, either contact you for
instructions before shipping the product or cancel the order and notify you of such
cancellation. If the order has been shipped, you agree to either return the product
or pay the difference between the actual and charged prices. Our prices are also
subject to change without notice. We apologize for any inconvenience that this may
cause. If you have any questions, please do not hesitate to contact us.
Diamond Certificates
When you order a diamond, we may ship it to you with the accompanying diamond grading
report (also called a diamond certificate). These grading reports are detailed documents
created by diamond grading experts it is very expensive to replace a diamond grading
report. Because of this, we require each diamond grading report to be included with
each returned diamond. If you do not include the diamond grading report with your
return, you will be charged a replacement fee of $250.
Information on our Site
At Endless Embrace, we make every attempt to ensure that our online catalog is as
accurate and complete as possible. In order to give you the opportunity to view
our products in great detail, some products may appear larger or smaller than their
actual size in our photographs; and since every computer monitor is set differently,
color and size may vary slightly.
Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards and FTC regulations, Endless Embrace states that carat total weight in all purchases may vary 0.05 carats from stated weight.
On the Site, we provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing.
For gemstone and pearl measurements, a tolerance of 0.25mm is allowed.
For diamond jewelry set with multiple diamonds, we provide the minimum total carat
weight for the piece. Color and clarity grades are expressed as either a minimum
or an average depending on the number of diamonds. If stated as a minimum, all diamonds
within the piece are at or above the stated quality. If expressed as an average,
collectively the quality is equal to or exceeds the grade stated.
Policy on Ethical Sourcing
At Endless Embrace, we only purchase diamonds through the largest and most respected
suppliers who, like us, proudly adhere to and enforce the standards established
by the Kimberley Process, an international system that polices the trade of diamonds
to ensure they are from sources free of conflict..
Privacy Policy
Please refer to our or information on how Endless Embrace collects, uses, and discloses
personally identifiable information from its customers.
Site Content
The Site and all content and other materials, including, without limitation, the
Endless Embrace logo, and all designs, text, graphics, pictures, selection, coordination,
'look and feel', information, data, software, sound files, other files and the selection
and arrangement thereof (collectively, the "Site Materials") are the proprietary
property of Endless Embrace or its licensors or users and are protected by trade
dress, copyright, patent and trademark laws, and various other intellectual property
rights and unfair competition laws.
Trademarks
You may not use any metatags or any other "hidden text" utilizing "Endless
Embrace " or any other name, trademark or product or service name of Endless
Embrace without our prior written permission. All other trademarks, registered trademarks,
product names and Endless Embrace names or logos mentioned in our Site are the property
of their respective owners.
Use of the Site
You are granted a personal, limited, non-sublicensable license to access and use
our Site and electronically copy, (except where prohibited without a license) and
print to hard copy portions of our Site Materials for your informational, non-commercial
and personal use only. Such license is subject to these Terms and Conditions and
does not include: (a) any resale or commercial use of our Site or the Site Materials
therein; (b) the collection and use of any product listings, pictures or descriptions
for commercial purposes; (c) the distribution, public performance or public display
of any Site Materials, (d) modifying or otherwise making any derivative uses of
our Site and the Site Materials, or any portion thereof; (e) use of any automated
means to access, monitor or interact with any portion of our Site, including through
data mining, robots, spiders, scraping, or similar data gathering or extraction
methods; (f) downloading (other than the page caching) of any portion of our Site,
the Site Materials or any information contained therein, except as expressly permitted
on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding
buttons, banners, advertisement, or anything else which minimizes, covers, or frames
or inhibits the full display of our Site; (h) use our web sites in any way which
interferes with the normal operation of our sites; or (i) any use of our Site or
the Site Materials other than for its intended purpose. Any use of our Site or the
Site Materials other than as specifically authorized herein, without the prior written
permission of Endless Embrace, is strictly prohibited and will terminate the license
granted herein. Such unauthorized use may also violate applicable laws, including
without limitation copyright and trademark laws and applicable communications regulations
and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions
shall be construed as conferring any license to intellectual property rights, whether
by estoppel, implication, or otherwise. This license is revocable at any time.
Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable
law, Endless Embrace has adopted a policy of terminating and barring, in appropriate
circumstances and at Endless Embrace sole discretion, site users or account holders
who are deemed to be repeat infringers. Endless Embrace may also at its sole discretion
limit access to this site and/or terminate the accounts of any users who infringe
any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Content
Endless Embrace may provide links to Web pages and content of third parties ('Third
Party Content') as a service to those interested in this information. Endless Embrace
does not monitor or have any control over any Third Party Content or third party
Sites. Endless Embrace does not endorse any Third Party Content and can make no
guarantee as to its accuracy or completeness. Endless Embrace does not represent
or warrant the accuracy of any information contained therein, and undertakes no
responsibility to update or review any Third Party Content. Users use these links
and Third Party Content contained therein at their own risk.
Advertisements and Promotions
Endless Embrace may run advertisements and promotions from third parties on our
Site. Your business dealings or correspondence with, or participation in promotions
of, advertisers other than Endless Embrace, and any terms, conditions, warranties,
or representations associated with such dealings, are solely between you and such
third party. Endless Embrace is not responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result of the
presence of such non- Endless Embrace advertisers on our Site.
Submissions
You acknowledge and agree that any materials, including but not limited to questions,
comments, suggestions, ideas, plans, notes, drawings, original or creative materials
or other information, regarding this site, Endless Embrace, or our products or services
that are provided by you to Endless Embrace are non-confidential and shall become
the sole property of Endless Embrace. Endless Embrace will own exclusive rights,
including all intellectual property rights, and will be entitled to the unrestricted
use and dissemination of these materials for any purpose, commercial or otherwise,
without acknowledgment or compensation to you. You grant Endless Embrace and its
affiliates and sublicensees the right to use the name that you submit in connection
with such content, if they choose. You represent and warrant that (a) you own and
control all of the rights to the content that you submit, or that you otherwise
have the right to submit such content to this site; (b) the content is accurate
and not misleading; and (c) use and posting of the content you supply will not violate
any rights of or cause injury to any person or entity.
Product Reviews and User Content
Our Site includes a product review feature, and includes or may include in the future
discussion forums, user generated content, or other areas or services in which you
or third parties create, post, or store any content, messages, materials or other
items on our Site ('Interactive Areas'). You are solely responsible for your use
of such Interactive Areas and use them at your own risk. By using any Interactive
Areas, you agree not to post, upload to, transmit, distribute, store, create or
otherwise publish through our Site any of the following:
- Any message, data, information, text, music, sound, photos, video, graphics, code or other material ('User Content') that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of Endless Embrace, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Site, or which may expose Endless Embrace or its users to any harm or liability of any type.
Endless Embrace takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Endless Embrace liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Endless Embrace is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Endless Embrace has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Endless Embrace reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on our Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our Site at your sole cost and expense.. Any use of the Interactive Areas or other portions of our Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or our Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Endless Embrace systems and customers, or to ensure the integrity and operation of Endless Embrace business and systems, Endless Embrace may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. Endless Embrace’s right to disclose any such information shall govern over any terms of Endless Embrace’s Privacy Policy.
If you post User Content to our Site, unless we indicate otherwise, you grant Endless Embrace and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Endless Embrace and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to our Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.
Indemnification
You agree to defend, indemnify and hold harmless Endless Embrace, its independent
contractors, service providers and consultants, and their respective directors,
employees and agents, from and against any claims, damages, costs, liabilities,
and expenses (including, but not limited to, reasonable attorneys' fees) arising
out of or related to any Content you post, store or otherwise transmit on or through
our Site or your use of or inability to use our Site, including without limitation
any actual or threatened suit, demand or claim made against Endless Embrace and/or
its independent contractors, service providers, employees, directors or consultants,
arising out of or relating to the Content, your conduct, your violation of these
Terms and Conditions or your violation of the rights of any third party.
Disclaimer of Warranty
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ENDLESS EMBRACE, THIS
SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR
IN CONNECTION THEREWITH (THE "PRODUCTS AND SERVICES") ARE PROVIDED ON
AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
ENDLESS EMBRACE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR
SITE. ENDLESS EMBRACE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR
THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. ENDLESS EMBRACE
DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL ENDLESS EMBRACE, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE
LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER
DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS,
OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED
TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED
THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING
FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM ENDLESS EMBRACE, OR THAT
RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS,
DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE,
WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION
OR UNAUTHORIZED ACCESS TO ENDLESS EMBRACE’S RECORDS, PROGRAMS OR SERVICES.
Applicable Law and Venue
These Terms and Conditions and your use of this site will be governed by and construed
in accordance with the laws of the State of Illinois, applicable to agreements made
and to be entirely performed within the State of Illinois, without resort to its
conflict of law provisions. You agree that any action at law or in equity arising
out of or relating to these Terms and Conditions shall be filed only in the state
and federal courts located in Cook County, Illinois and you hereby irrevocably and
unconditionally consent and submit to the exclusive jurisdiction of such courts
over any suit, action or proceeding arising out of your use of this site, any purchase
from this site, or these Terms and Conditions.
Modification and Notice
You agree that Endless Embrace may modify these Terms and Conditions and any other
policies on our Site at any time and that posting the modified Terms and Conditions
or policies on our Site will constitute sufficient notice of such modification.
Termination
Notwithstanding any of these Terms and Conditions, Endless Embrace reserves the
right, without notice and in its sole discretion, to terminate your license to use
this site, and to block or prevent future your access to and use of the Site.
Severability
If any provision of these Terms and Conditions shall be deemed
unlawful, void or for any reason unenforceable, then that provision shall be deemed
severable from these Terms and Conditions and shall not affect the validity and
enforceability of any remaining provisions.