Terms & Conditions (User Agreement)

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Disclaimer

1. The materials on DiamondBistro.com's web site are provided "as is". DiamondBistro.com 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, DiamondBistro.com / BetterThanDiamond.com 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.

3. Limitations

In no event shall BetterThanDiamond.com / DiamondBistro.com 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 DiamondBistro.com / BetterThanDiamond.com's Internet site, even if DiamondBistro.com / BetterThanDiamond.com or a DiamondBistro.com / BetterThanDiamond.com 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.

4. Revisions and Errata

The materials appearing on BetterThanDiamond.com / DiamondBistro.com's web site could include technical, typographical, or photographic errors. DiamondBistro.com / BetterThanDiamond.com's does not warrant that any of the materials on its web site are accurate, complete, or current. DiamondBistro.com / BetterThanDiamond.com may make changes to the materials contained on its web site at any time without notice. DiamondBistro.com / BetterThanDiamond.com does not, however, make any commitment to update the materials.

5. Links

DiamondBistro.com / BetterThanDiamond.com 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 DiamondBistro.com / BetterThanDiamond.com of the site. Use of any such linked web site is at the user's own risk.

6. Site Terms of Use Modifications

DiamondBistro.com / BetterThanDiamond.com may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

7. Governing Law

Any claim relating to DiamondBistro.com / BetterThanDiamond.com's web site shall be governed by the laws of the State of Washington State without regard to its conflict of law provisions.

User Agreement:

While using DiamondBistro.com, you agree not to:

-use the site if you are unable to form legally binding contracts, are under the age of 18, or are temporarily or permanently suspended from our site.

-fail to deliver payment for items purchased by you, unless the seller has materially changed the items description after you have purchased or you cannot authenticate the sellers identity.

-fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the sellers identity.

-post false, inaccurate, misleading, defamatory or libelous content (including personal information).

-distribute or post spam, chain letters, or pyramid schemes.

-manipulate the price of any item or interfere with other users listings.

-distribute viruses or other technologies that may harm this site or other users

-violate any laws or third party rights

-harvest or otherwise collect information about users without their consent

Abuse or misuse of DiamondBistro.com:

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Liability:
You will not hold DiamondBistro.com responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the Sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Washington Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with Washington Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

Indemnity:
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

Cancellation of listings:
We reserve the right to remove any posting that is deemed to be offensive, libelous, misleading or deceptive with no additional notice. 

Each of these policies may be changed from time to time. Changes take effect when we post them on our Sites. When using particular services on the Sites, you are subject to any posted policies or rules applicable to services you use through the Sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.