2. Use License
a. Permission is granted to temporarily download one copy of the materials (information or software) on Diamond Candles’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
i. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
ii. attempt to decompile or reverse engineer any software contained on Diamond Candles’s web site;
iii. remove any copyright or other proprietary notations from the materials; or
iv. transfer the materials to another person or “mirror” the materials on any other server.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Diamond Candles at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
a. The materials on Diamond Candles’s web site are provided “as is”. Diamond Candles makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Diamond Candles does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
b. All sales are final once completed and any refunds, exchanges, or any related resolutions come at the sole discretion of Diamond Candles LLC. Any web site downtime, errors, or temporary maintenance that affects the purchase of any products herein are to be resolved at the discretion of Diamond Candles LLC.
In no event shall Diamond Candles or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Diamond Candles’s Internet site, even if Diamond Candles or a Diamond Candles authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Diamond Candles’s web site could include technical, typographical, or photographic errors. Diamond Candles does not warrant that any of the materials on its web site are accurate, complete, or current. Diamond Candles may make changes to the materials contained on its web site at any time without notice. Diamond Candles does not, however, make any commitment to update the materials.
Diamond Candles has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Diamond Candles of the site. Use of any such linked web site is at the user’s own risk.
8. Governing Law
You agree that, except as explicitly provided herein, each and every dispute you may have with Diamond Candles concerning, arising from, or relating to your entry or attempted entry into the Ring Reveal Contest or to your purchase or attempted purchase of any product or service from Diamond Candles, including any claim or demand (herein “Claim”) asserted by Diamond Candles against you as well as any Claim asserted by you against Diamond Candles (and any Claim against any past, present or future officers, owners, employees, agents, or attorneys of Diamond Candles), shall and must be resolved by binding arbitration, and not through litigation in any court. This arbitration agreement is entered into pursuant to and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. The arbitration shall be conducted by a single neutral arbitrator acting under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), except as modified or otherwise provided herein, unless the AAA determines not to apply the Consumer Arbitration Rules, in which event the arbitration will be conducted pursuant to the Commercial Arbitration Rules of the AAA. Notwithstanding the provisions of Rule R-9 of the Consumer Arbitration Rules (or of any amendment or revision thereto concerning bringing claims in small claims court), neither you nor Diamond Candles may bring a Claim or seek adjudication of any dispute subject to this arbitration provision in any small claims court if the rules and procedures of such court permit class actions or similar proceedings. Except for any arbitration in which you assert claims for bodily injury or property damage, Diamond Candles will pay the arbitrator’s fee and all AAA fees except for the filing fee to be paid by you as a consumer; provided, however, that if you prevail in the arbitration, the arbitrator may, as part of the arbitration award, require that Diamond Candles reimburse you for the filing fee. The arbitration shall be held in Durham, North Carolina.
The arbitrator shall decide each dispute and Claim in accordance with all applicable laws and will honor all privileges recognized by law. The arbitrator shall apply the applicable North Carolina statutes of limitation to each dispute and Claim. The arbitrator’s decision shall be final and legally binding, and may be enforced in and by any court having jurisdiction.
No class actions or similar proceedings, and no joinder or consolidation of any dispute or Claim with a dispute or Claim of any other person or entity shall be allowable in the arbitration. The arbitrator shall have no authority to entertain any dispute or Claim on behalf of a class, group, person, or entity who is not a named party to the arbitration, nor shall any arbitrator have authority to make any award for the benefit of, or against, any class, group, person, or entity who is not a named party to the arbitration. In the event that there is a dispute about whether limiting arbitration to non-class proceedings, or to the named parties, is enforceable under applicable law, then that question shall be resolved only in and by a state court of competent jurisdiction located in Durham, North Carolina (or by a federal court in the Middle District of North Carolina) rather than by an arbitrator; and to the extent it is finally determined by a decision of a court no longer subject to appeal that resolution of a dispute or Claim must proceed on a class basis, it shall so proceed only in a state court of competent jurisdiction located in Durham, North Carolina (or in a federal court in the Middle District of North Carolina), rather than in arbitration, notwithstanding any other provisions herein.
Each and every arbitration with respect to a dispute or Claim is binding and final, and you agree that you will not have the right to litigate or appeal in or through a court. In arbitration you will not have the same rights that apply in court, such as the right to a trial by judge or jury and the right to participate or be represented in proceedings brought by others such as class actions or similar proceedings. All of these judicial rights are waived with respect to disputes and Claims subject to the agreement to arbitrate set forth herein.
In the event that you assert a Claim against Diamond Candles for bodily injury or property damage, or Diamond Candles asserts a Claim against you for bodily injury or property damage, either you or Diamond Candles may elect not to proceed in arbitration and to have such claim (but only such claim) resolved in a court of competent jurisdiction. If either you or Diamond Candles commences an arbitration with respect to any such Claim, the respondent in the arbitration must provide written notice to the claimant in arbitration, within ninety (90) days after the respondent is notified of the arbitration, that the respondent elects not to have such Claim resolved in arbitration.
If you enter or attempt to enter the Ring Reveal Contest, the law of the state (or foreign country) in which you are located when you enter or attempt to enter (but without giving effect to any arbitration law or to any choice or conflict of law provision or rule) will govern your rights and any dispute or Claims arising out of or concerning the Ring Reveal Contest; if and to the extent that the Ring Reveal Contest is prohibited by law in any state (or foreign country), the Contest is void in such state or foreign country. In all other respects (including for all other matters and Claims relating to this web site or to your purchase or attempted purchase of a product or service from Diamond Candles) you agree that the internal laws of the State of North Carolina shall govern and apply, without giving effect to any arbitration law or choice or conflict of law provision or rule.