Earth Diamonds

 

Terms and Conditions 

These terms and conditions apply to the Earth Diamods Inc Web site located at  www.earthdiamonds.us and its subsidiaries and affiliates, including Earth Diamods  Inc’s sites around the world (collectively the “Site”) and other websites that expressly incorporate these Conditions (“Conditions”). In some instances, a particular Earth Diamods Inc product purchased through the Site may be subject to additional policies, guidelines, terms, and/or agreements (“Terms”). In the event that such Terms are inconsistent with these Conditions, the Terms shall govern. BY VISITING AND/OR USING THIS SITE IN ANY WAY, SUCH AS BROWSING PRODUCTS OR PLACING AN ORDER, YOU AGREE TO THESE TERMS AND CONDITIONS.  Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the Earth Diamods Inc Site. 

 

Change of Terms 

Earth Diamods Inc may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Earth Diamods Inc may give by any means, including, without limitation, by posting the revised Conditions on the Earth Diamods Inc Site. You are responsible for reviewing the Earth Diamods Inc Site for any modifications to these Conditions that may affect your rights or obligations. Any change or modification will be effective immediately upon posting of the revisions on the Site. Any access or use by you of the Earth Diamods Inc Site  after changes to these Conditions will constitute your acceptance of the revised terms. If you do not agree to the amended terms, you must stop using the Site Content. The Site and all content and other materials, including, without limitation, text, icons, graphics, logos, images, designs, pictures, selection, coordination, “look and feel”, information, data, sound files, and other files and software is the proprietary property of Earth Diamods Inc or its affiliates, licensors or users and is protected by United States and international trade dress, copyright laws, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Copyright in the documents and material on the Earth Diamods Inc Site is owned by or licensed to Earth Diamods Inc. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. Nothing contained on the Earth Diamods Inc Site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Earth Diamods Inc Site without the written permission of Earth Diamods Inc or any third party that may own such trademarks or service marks. Earth Diamods Inc will aggressively enforce its intellectual property rights to the fullest extent of the law. 

 

Trademarks 

Earth Diamods Inc, the Earth Diamods Inc logos, and any other product or service name or slogan contained in our Site are trademarks of Earth Diamods Inc and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Earth Diamods Inc or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Earth Diamods Inc” or any other name, trademark or product or service name of Earth Diamods Inc without our prior written permission. All other trademarks, registered trademarks, product names and Earth Diamods Inc 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 the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site materials for your informational, non-commercial and personal use only. Such license is subject to these 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 Earth Diamods Inc, 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 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. Information on Our Site Earth Diamods Inc is committed to providing current and accurate information on our web sites, email, chat, and telephone communications. We do not, however, warrant that this information is always correct, accurate or complete. In rare circumstances, data, including prices, may be inaccurately displayed on our Site due to system and typographical errors which may occur. Inadvertent errors or inaccurate advertised prices are not binding on Earth Diamods Inc, and may be adjusted by Earth Diamods Inc at any time. Earth Diamods Inc reserves the right to correct any and all errors when they do occur. If an order is placed with a lower product’s listed price than the actual price, Earth Diamods Inc will, at its discretion, either advise the customer before shipping the product or cancel the order and notify the customer of such cancellation. Earth Diamods Inc apologizes for any inconvenience that this may cause. Information that we communicate is not a binding contract, and should not be treated as such. The sole remedy of a customer acting on incorrect information is to request a cancellation of the order placed as a result of this incorrect information. If an order has been shipped, the customer agrees to either return the product for full credit or pay the difference between the actual and charged prices. Please review our Return Policies. Earth Diamods Inc holds a dynamic and high volume inventory. The stock availability on our website is listed “as is” and is subject to change. If a product in an order is out of stock, we will advise the customer immediately with possible options. Products may appear on the Earth Diamods Inc website larger or smaller than their actual size. Given the variation in computer monitor settings, color and size may vary slightly when viewing product photography. In compliance with industry standards and FTC regulations, carat total weight may vary 0.05 carats from stated weight. 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. 

Earth Diamods Inc retains the full unrestricted rights to all jewelry designs, whether custom or standard, and may choose to market or sell jewelry based on such designs. Earth Diamods Inc’s product details and prices are also subject to change without notice. All of our prices are final and non-negotiable. Additionally, in order to conserve natural resources, and maintain the high quality of our pieces, Earth Diamods Inc does not allow multiple pieces to be purchased for comparison, which is the act of buying several items with the intent of keeping the item that you like best and returning the remaining items that were purchased. If you have any questions regarding our policy, please contact our Customer Service line at 1-800-691-0952. Earth Diamods Inc and any affiliated companies provide natural diamond origin information – whether on this website, in marketing materials, in materials provided to any purchaser, or anywhere else – without any warranty of any kind, either express or implied. All implied epresentations, warranties and conditions relating to diamond origin are hereby disclaimed where applicable. Natural diamond origin information is provided based upon information provided by the supplier, as well as demonstrated supplier adherence to the Earth Diamods Inc chain of custody protocol. While reasonable commercial efforts are made to ensure the accuracy of origin information provided, there can be no guarantee or Warranty of the diamond origin information. The above limitation of liability extends to any persons who viewed Earth Diamods Inc natural diamonds listed with origin, any persons who purchased Earth Diamods Inc natural diamonds listed with origin, and to any other persons who may thereafter acquire Earth Diamods Inc natural diamonds that had been listed with origin. All representations including representations regarding gemstone origin, recycled content of precious metals, and estate information, are provided to the best of Earth Diamods Inc’s knowledge and without guarantee or warranty of any kind. Your Account and Order When you access or use the Earth Diamods Inc website or your personalized Earth Diamods Inc account, you are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer. You are further responsible for all activities that occur under your personal account and your password. If you are under the age of 18 years old, you may use earthdiamonds.us only under the guidance and direction of a parent or guardian. Please note that Earth Diamods Inc reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content or cancel orders. In the case where a customer files a chargeback, Earth Diamods Inc has the right to recover its direct and indirect costs, and cancel any promotional items, free shipping, or other benefits, as determined in Earth Diamods Inc’s sole and absolute discretion. 

Diamond Certificates 

When you order a loose diamond, Earth Diamods Inc will ship it to you with the accompanying diamond certificate which is a diamond grading report. Customers that purchase lab grown diamonds with GIA grading reports will not receive a hard copy of the report. They will receive a link to the online certificate via email after their diamond purchase. These grading reports are detailed documents created by diamond grading experts at highly-respected diamond laboratories. These diamond grading reports are extremely expensive to replace and as a result of this, Earth Diamods Inc requires 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 two hundred and fifty dollars ($250.00). 

Passage of Title 

Title for goods purchased passes from Earth Diamods Inc to the purchaser’s designee at the time that goods are delivered to the designee. Order Approval and Cancellation Receipt of an order confirmation message from Earth Diamods Inc only confirms that your order request has been received. Customer orders are not accepted by Earth Diamods Inc until the time they have been processed and approved at our headquarters. Earth Diamods Inc is not obligated to complete a customer order, and reserves the right to cancel products or services to any customer for any reason at any time. The customer’s sole remedy in such cases will be the full refund of any funds that we have collected in reference to the canceled products and/or services. 

Privacy 

Please review our Privacy Policy, which also governs your visit to this site and for 

information on how Earth Diamods Inc collects, uses and discloses personally 

identifiable information from its customers. Earth Diamods Inc does reserve the right 

to cooperate with legitimate governmental requests, subpoenas or court orders, to 

protect Earth Diamods Inc’s systems and customers, or to ensure the integrity and 

operation of Earth Diamods Inc’s business and systems, and as such, Earth 

Diamods Inc 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 (as defined herein). Earth Diamods Inc’s right to disclose any such 

information shall govern over any terms of Earth Diamods Inc’s Privacy Policy. 

Repeat Infringer Policy 

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other 

applicable law, Earth Diamods Inc has the sole discretion to terminate and bar 

specific website users or Earth Diamods Inc account holders who under appropriate 

circumstances are determined to be repeat infringers. Earth Diamods Inc further 

reserves the right to limit access to this website and/or terminate the account of any 

users whom Earth Diamods Inc reasonably suspects to have infringed any 

intellectual property rights of others, whether or not there is any repeat infringement. 

Advertisements and Promotions 

Earth Diamods Inc may run advertisements and promotions from third parties on our 

website. These advertisements and promotions are conducted under the direction of 

the third party and Earth Diamods Inc is not responsible or liable for any loss, 

damage or liability incurred by you as a result of any dealings with the third party 

provider or resulting from the presence of these unaffiliated third parties on our 

website. Any business transactions, correspondence with, participation in the 

promotions of, advertisers other than Earth Diamods Inc and any terms, conditions, 

warranties, or representations associated with such dealings, are solely between you 

and such third party. 

Feedback and Submissions 

You acknowledge and agree that any feedback or submissions, including but not 

limited to questions, comments, suggestions, ideas, plans, notes, drawings, original 

or creative materials or other information, regarding this website, Earth Diamods Inc, 

or the Earth Diamods Inc products or services that are provided by you to Earth 

Diamods Inc in any form are not confidential and upon submission, shall become the 

sole property of Earth Diamods Inc. Earth Diamods Inc shall own exclusive rights, 

including all intellectual property rights to said feedback and submissions, and shall 

be entitled to the unrestricted use and dissemination of the feedback and 

submissions for any purpose, commercial or otherwise, without acknowledgment or 

compensation to you. You grant Earth Diamods Inc and its sublicensees the right to 

use the name that you submit in connection with such content, if they so 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 and does not violate any rights of or cause injury to any person or 

entity. 

Social Media User Content 

At times, Earth Diamods Inc may reach out to social media users to seek their 

permission to feature our favorite content on our Site, social channels, or in 

promotional materials. Earth Diamods Inc may request permission from you to use 

your social media User Content consisting of photos, text, graphics, audio, video, 

comments and other materials from social media sites, in connection with Earth 

Diamods Inc’s business, product features, marketing, promotional, advertising and 

other consumer-related activities. 

When you respond to a request for permission to use your social media User 

Content, you are granting Earth Diamods Inc and its related agents, licensees, 

sublicensees, contractors, successors, legal representatives, assigns, and third-party 

service providers, and their respective retail partners, marketing or public relations 

agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, 

irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to 

use your social media User Content in any manner to be determined in the Licensed 

Parties’ sole discretion, including but not limited to on webpages and social media 

pages operated by the Licensed Parties, in promotional e-mails and advertisements, 

and in any and all other marketing, promotional and advertising initiatives, and in any 

media now or hereafter known. The Licensed Parties may use, display, reproduce, 

distribute, transmit, create derivative works from, combine with other materials, alter 

and/or edit your social media User Content in any manner in their sole discretion, 

with no obligation to you whatsoever. 

You are also granting the Licensed Parties the right to use your username, real 

name, image, likeness, descriptions of you, location or other identifying information, 

including but not limited to your voice, in connection with any use of your social 

media User Content. 

You are also agreeing, representing and warranting that (i) you are solely 

responsible for your social media User Content, (ii) you own all rights in and to your 

social media User Content and/or have obtained appropriate rights and permissions 

from any and all other persons and/or entities who own, manage or otherwise claim 

any rights with respect to such social medial User Content, (iii) you are not a minor, 

(iv) the Licensed Parties’ use of your social media User Content as described herein 

will not violate the rights, including but not limited to copyright, trademark, patent, 

trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or 

any law, rule or regulation, and (v) the social media User Content is not libelous, 

defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, 

hateful, or offensive or otherwise unlawful. 

Please note that the social media User Content that you submit is deemed non-

confidential and the Licensed Parties have no obligation to maintain the 

confidentiality of any information, in whatever form, contained in any submission, 

except pursuant to the Licensed Parties’ respective privacy policies. By using this 

Site, you are consenting to the Licensed Parties’ collection of any personal 

information you provide for the Licensed Parties’ use and disclosure in connection 

with the use of your social media User Content as described herein. Your personal 

information may also be transferred to servers located outside the country in which 

you live or to third parties in other countries so that we may process personal 

information on the Licensed Parties behalf. By providing the Licensed Parties with 

personal information, you agree to the foregoing collection, use, disclosure, transfer 

and processing of your information in accordance with the terms of these Conditions, 

the Earth Diamods Inc Privacy Policy and applicable data protection laws and 

regulations. 

The Licensed Parties reserve the right to remove any social media User Content 

from the Site. If you believe any content, including social media User Content, 

residing on the Site infringes any person’s or entity’s copyright rights, please contact 

Earth Diamods Inc. 

Product Reviews and User Content 

Earth Diamods Inc’s website and social media accounts include or may include in 

the future a product review feature, discussion forums, user generated content, or 

other areas or services in which you or a third party has the opportunity to create, 

post, or store content, messages, materials or other items on our website or social 

media accounts (“Interactive Areas”). You shall be solely responsible for your use of 

such Interactive Areas. By using any Interactive Areas, you agree not to post, upload 

to, transmit, distribute, store, create or otherwise publish through our website any of 

the following: (a) Any message, data, information, text, music, sound, photos, video, 

graphics, code or other material (“User Content”) that is or would reasonably be 

considered to be unlawful, libelous, defamatory, obscene, pornographic, indecent, 

lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, 

abusive, inflammatory, fraudulent or otherwise objectionable; (b) 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, statute or regulation, including, but not limited to, 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; (c) User Content that may infringe any patent, 

trademark, trade secret, copyright or other intellectual or proprietary right of any 

party; (d) User Content that impersonates any person or entity or otherwise 

misrepresents your affiliation with a person or entity; (e) Unsolicited promotions, 

political campaigning, advertising or solicitations; (f) Private information of any third 

party, including, without limitation, addresses, phone numbers, email addresses, 

Social Security numbers and credit card numbers; (g) Viruses, corrupted data or 

other harmful, disruptive or destructive files; and (h) User Content that, in the sole 

judgment of Earth Diamods Inc, is objectionable or which restricts or inhibits any 

other person from using or enjoying the Interactive Areas or our website, or which 

may expose Earth Diamods Inc or its users to any harm or liability of any type. 

If you post User Content to our website, email User Content to Earth Diamods Inc, 

and/or provide Earth Diamods Inc permission to use, repost, or otherwise share User 

Content you have created or shared on social media, you grant Earth Diamods Inc 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 

further grant Earth Diamods Inc and sublicensees the right to use the name that you 

submit in connection with such content, if they choose to do so. You represent and 

warrant that (a) you own and control all of the rights to the User Content or you 

otherwise have the right to such User Content; (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. 

Earth Diamods Inc disclaims any 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 shall Earth Diamods Inc be liable for any mistakes, defamation, 

slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may 

encounter as a result of said User Content posted. Your use of the Earth Diamods 

Inc Interactive Areas is at your own risk. Earth Diamods Inc 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. Additionally, Earth Diamods Inc 

reserves the right, and has absolute discretion, to remove, screen or edit any User 

Content posted or stored on our website 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 website at your sole cost and expense. 

Any use of the Interactive Areas or other portions of the Earth Diamods Inc website 

in violation of the foregoing paragraph violates these Terms and Conditions and may 

result in termination or suspension of your rights to use the Interactive Areas and/or 

our website. 

Disclaimer of Warranties 

This site, the content contained therein and the products provided in connection therewith 

(the “products”) are provided on an ‘as is’ and ‘as available’ basis. Earth Diamods Inc makes 

no representations or warranties of any kind, whether express or implied, as to the operation 

of this site or the information, content, materials or products included on it. you expressly 

agree that your use of this site is at your sole risk, by your own free will, and that you are 

solely responsible for any consequences arising from this use. without limiting the foregoing, 

Earth Diamods Inc disclaims all warranties, whether expressed or implied, including, but not 

limited to, implied warranties of merchantability and/or fitness for a particular purpose, title, 

and non-infringement as to the information, content, and materials on the site. Earth 

Diamods Inc, does not warrant that this site, its servers, or its electronic communication are 

accurate, reliable, complete, current or free of viruses or other harmful components. 

Limitation of Liability 

In no event shall Earth Diamods Inc, its directors, members, employees, affiliates, or agents 

or any other party involved in creating, producing, or delivering the Earth Diamods Inc 

products be liable to you or any third party for damages of any kind arising from the use of 

this site, including, but not limited to direct, indirect, incidental, special, punitive and 

consequential damages or other damages of any kind, including but not limited to loss of 

use, loss of profits, or loss of data, whether in contract, tort, or otherwise, including 

negligence, arising out of or in any way connected with or resulting from the use of our site, 

the products, the services or the content contained in or accessed through the Earth 

Diamods Inc site, or that results from the reliance by user on any information obtained from 

Earth Diamods Inc, including any error or omission regarding listed diamond origin, any 

mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays 

in operation or transmission or any failure of performance of the Earth Diamods Inc site, 

whether or not resulting from acts of god, communications failure, theft, destruction or 

unauthorized access to Earth Diamods Inc’s programs or services, even if Earth Diamods 

Inc is expressly advised of the possibility of such damages, or even if the loss, damage or 

expense was caused by Earth Diamods Inc, its directors, members, employees, affiliates or 

agents. in no event shall Earth Diamods Inc’s liability be greater than the price you paid for 

the product or service that is the basis for the claim. 

Some jurisdictions may not allow the exclusion of implied warranties, so some of the 

above exclusions may not apply to you. It is your responsibility to check local laws 

for any restrictions or limitations regarding the exclusions of implied warranties 

Indemnification 

You agree to defend, indemnify, and hold harmless Earth Diamods Inc, its 

independent contractors, service providers and consultants, and its parents, 

affiliates, and related entities and their respective directors, officers, employees, and 

agents from and against all claims, losses, damages, liabilities, expenses and costs 

(including without limitation reasonable attorneys’ fees and court costs), arising out of 

or relating to your breach of these Conditions or your access to or use of the Earth 

Diamods Inc Site or inability to use the Site, including without limitation any actual or 

threatened suit, demand or claim made against Earth Diamods Inc 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. 

Links to Other Sites and Services 

Links to other Internet sites and services operated by third parties, including Earth 

Diamods Inc vendors, do not constitute sponsorship, endorsement, or approval by 

Earth Diamods Inc of the content, policies, or practices of such linked sites or 

services. Earth Diamods Inc is not responsible for the availability, content, security, 

policies, or practices of linked sites or services, including, without limitation, the 

accuracy of content on linked sites or services and the privacy policies and practices 

of linked sites and services. 

Termination 

Notwithstanding any of these Conditions, Earth Diamods Inc 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. 

Miscellaneous 

These Conditions contain the entire understanding of you and Earth Diamods Inc 

with respect to the subject matter hereof and supersedes all prior agreements and 

understandings between you and Earth Diamods Inc with respect to the subject 

matter hereof. The failure of Earth Diamods Inc at any time to enforce any of the 

provisions of these Conditions will not be deemed or construed to be a waiver of any 

such provisions, or in any way to affect the right of Earth Diamods Inc to thereafter 

enforce each and every provision of these Conditions. No waiver by Earth Diamods 

Inc of any breach of any provision of these Conditions will be construed or deemed 

to be a waiver of any other subsequent breach. If any provision of these Conditions 

is declared invalid or otherwise determined to be unenforceable for any reason, such 

provision will be deemed to be severable from the remaining provisions of these 

Conditions, which will otherwise remain in full force and effect. Provisions concerning 

your rights and obligations which by the content of the provision operate after 

termination or which are necessary to enforce any right will survive any termination 

or expiration of these Conditions. 

Arbitration 

These Conditions and your use of this Site shall be governed by and construed in 

accordance with the laws of the State of California, without resort to its conflict of law 

provisions. You agree that any action at law or in equity or any dispute, claim or 

controversy arising out of or relating to these Conditions or the breach, termination, 

enforcement, interpretation or validity thereof or the use of the Site or purchases 

from the Site thereof, (collectively, “Claims”) shall be resolved by binding arbitration, 

as described below, instead of in court, except that each party retains the right to 

bring an individual action in small claims court. You further agree that arbitration 

must be on an individual basis and that you are hereby waiving your right to join or 

consolidate Claims in arbitration or arbitrate any claims as a representative or 

member of a purported class. You acknowledge and agree that you are waiving the 

right to a trial by jury. This arbitration provision shall survive the termination of these 

Conditions, as well as any other contractual agreement that you have with the 

Company. 

You acknowledge and agree that, by agreeing to these Conditions, the Federal 

Arbitration Act (“FAA”) shall govern the interpretation and enforcement of this 

provision and that any such arbitration must proceed with the American Arbitration 

Association (“AAA”) or JAMS in San Francisco County, California, before a mutually 

agreed upon single arbitrator licensed to practice law. It will be conducted in 

accordance with the then-prevailing Arbitration Rules of the AAA and the arbitrator 

shall be bound by these Conditions. The arbitrator shall have authority to award or 

grant legal, equitable, and declaratory relief. Such arbitration shall be final and 

binding on the parties. 

Questions 

If you have any questions, please do not hesitate to contact us. 

 

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