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Windsor Diamonds LLC’s web site(s) and content are intended solely for personal and non-commercial use by visitors and online shoppers. Any use of any Windsor Diamonds LLC web site 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 Windsor Diamonds LLC web site. However, you may download, electronically copy and print any of the content of a Windsor Diamonds LLC web site 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 Windsor Diamonds LLC web site in any manner that may be harmful to the operation of the web site or its
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INDEMNITY
You agree to defend, indemnify, and hold harmless Windsor Diamonds LLC 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 Windsor Diamonds LLC web site or your breach of these Terms of Use. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE MATERIALS AND INFORMATION PROVIDED BY Windsor Diamonds LLC ON ANY OF ITS WEB SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Windsor Diamonds LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS WEB SITE(S) OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON ITS WEB SITE(S). YOU AGREE THAT YOUR ACCESS TO, AND USE OF ALL Windsor Diamonds LLC WEB SITES(S) IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Windsor Diamonds LLC DISLCAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Windsor Diamonds LLC DOES NOT WARRANT THAT ITS WEBSITE(S), ITS SERVERS, OR EMAIL SENT FROM Windsor Diamonds LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Windsor Diamonds LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, 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 Windsor Diamonds LLC 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 Windsor Diamonds LLC's aggregate liability to you for all claims, damages, losses, and causes of action exceed the amount paid to Windsor Diamonds LLC by you for accessing Windsor Diamonds LLC's web site(s).
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TERMINATION
You agree that Windsor Diamonds LLC, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Site and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if Windsor Diamonds LLC believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of service, may be referred to appropriate law enforcement authorities. Windsor Diamonds LLC may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Windsor Diamonds LLC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Windsor Diamonds LLC shall not be liable to you or any third-party for any termination of your access to the Site.
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APPLICABLE LAW
By visiting Windsor Diamonds LLC's web site(s), you agree that the law of The State of New Jersey, without regard to principles of conflict of laws, shall govern these Terms of Use and any dispute that may arise between you and Windsor Diamonds LLC. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Windsor Diamonds LLC relating to your access to and use of Windsor Diamonds LLC’s web site(s).
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