Who we are
Our website address is: https://boosteddiamonds.com.
Comments
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
Media
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Cookies
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Who we share your data with
If you request a password reset, your IP address will be included in the reset email.
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where your data is sent
Visitor comments may be checked through an automated spam detection service.
INTELLECTUAL PROPERTY
All content on this site, including but not limited to text, graphics, logos, icons, and images, is our property or the property of our content suppliers. All content on this site is protected by US and international intellectual property laws. All software used on this site is our property or the property of our service provider or its suppliers. All software used on this site is protected by United States and international intellectual property laws.
SITE ACCESS
We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use terminates our permission or license.
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may submit reviews, suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead to the origin of the content. We reserve the right (but not the obligation) to remove or edit such content. You are responsible for maintaining and updating your information, including but not limited to personal contact information in your account.
Unless we indicate otherwise, if you post content or submit material, then you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sub-licensees the right to use the name that you submit in connection with such content, if we choose to use your name. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right (but not the obligation) to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, RELATED PRODUCTS, OR RELATED SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU; THE SERVERS SERVICING THIS SITE; OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, SOFTWARE, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER ANY CIRCUMSTANCES OR LEGAL THEORY FOR DAMAGES RELATED TO INCONVENIENCE, DOWNTIME, INTEREST, COST OF CAPITAL, FRUSTRATION OF ECONOMIC OR BUSINESS EXPECTATIONS, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSS OF USE, TIME, DATA, OR GOODWILL, OR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, COLLATERAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH LOSSES ARE FORESEEABLE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY COSTS INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO TRANSPORTATION, LABOR COSTS, TIME, TOWING, STORAGE, PREMIUM FREIGHT CHARGES (SUCH AS AIR OR OVERNIGHT DELIVERY), RENTAL COSTS OF ANY TYPE, LOGISTICS, OR ECONOMIC LOSSES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
BINDING ARBITRATION
ANY DISPUTE RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION PURSUANT TO SECTION 1280 ET SEQ. OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. THIS PROVISION APPLIES TO ALL DISPUTES, INCLUDING BUT NOT LIMITED TO ALLEGATIONS OF NEGLIGENCE, BREACH OF CONTRACT, OR FRAUD. THE ARBITRATOR SHALL BE A NEUTRAL ARBITRATOR SELECTED BY THE PARTIES, OR APPOINTED BY THE COURT. THE DECISION OF THE ARBITRATOR WILL BE BINDING. THE PARTIES RETAIN THE RIGHT TO APPEAL THE ARBITRATOR’S DECISION AS SET FORTH BELOW. The parties shall equally share the arbitrator’s fees. The parties shall have full rights of discovery under the Civil Discovery Act and shall have the right to file dispositive motions (such as a demurrer, motion to strike, or motion for summary judgment) just as if the case were being litigated in court. All motions shall be heard by the arbitrator. If either party refuses to select an arbitrator or submit the dispute to arbitration, either party may petition the Los Angeles Superior Court for an order appointing an arbitrator or compelling arbitration. The arbitrator shall apply California substantive law to the proceeding. The arbitration shall be conducted in Los Angeles, California. An award may be entered against a party who fails to appear at a duly noticed hearing. The arbitrator shall prepare in writing and provide to the parties an award and a statement of decision, including factual findings and the reasons on which the decision is based, within ninety (90) days of the date the matter is submitted to the arbitrator for decision. Neither party is required to ask for a statement of decision; the arbitrator shall issue a statement of decision whether or not requested. The decision of the arbitrator, when final, may be entered and enforced as a final judgment in any court of competent jurisdiction.
WAIVER OF TRIAL
IF THE FOREGOING BINDING ARBITRATION CLAUSE WERE NOT IN THIS AGREEMENT, THE PARTIES WOULD EACH HAVE THE RIGHT TO A TRIAL BY JURY OR BY A JUDGE IN THE EVENT OF ANY LITIGATION BETWEEN THE PARTIES. THE PARTIES ARE EACH GIVING UP THE RIGHT TO A JURY TRIAL OR COURT TRIAL IN ANY DISPUTE BETWEEN THE PARTIES BY SIGNING THIS AGREEMENT. YOU SPECIFICALLY UNDERSTAND THAT THE RIGHT TO HAVE SUCH DISPUTES DECIDED BY A JUDGE OR A JURY IS HEREBY WAIVED.
GOVERNING LAW
Any controversy of claim arising out of or relating to the construction or applications of any term, provision, or condition of these Terms shall comply with and be governed in accordance with the laws of the state of California.
JURISDICTION
If any dispute arises out of or in connection with these Terms, except as expressly contemplated by another provision of these Terms, the parties irrevocably: (i) consent and submit to the jurisdiction of courts located in Orange County, California; (ii) waive any objection to that choice of forum based on venue or to the effect that the forum is not convenient; and (iii) WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL OR ADJUDICATION BY JURY.
SITE POLICIES AND MODIFICATION
These Terms, including any amendments or addendums incorporated by reference, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof. Boosted Diamonds LLC reserves the right to make changes to our site, policies, and these Terms at any time and at our sole discretion. We reserve the right to make changes without notice. Such changes will be effective upon posting of the revised Terms. You are encouraged to review the Terms from time to time for any possible changes. You should discontinue all access and use of this site if you do not agree with all of the Terms.
SEVERABILITY
Each provision of these Terms (a “Provision”) shall be deemed severable. If any Provision or the application of any Provision to any person or circumstance shall be held invalid or unenforceable by a court of any jurisdiction:
• The Provision shall be ineffective only in that jurisdiction.
• The Provision shall be ineffective only to the extent that it has been expressly held to be invalid or unenforceable in that jurisdiction.
• The ineffectiveness of the Provision shall not invalidate any other provision of the Terms or the application of the Provision itself to persons or circumstances other than those with respect to which it was held invalid or unenforceable in the jurisdiction in question.
NO WAIVER
Nothing contained herein shall be construed as a waiver by Boosted Diamonds LLC of any of our rights or remedies described in these Terms unless the waiver is in writing and signed by an authorized agent of Boosted Diamonds LLC. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.
FORCE MAJEURE
Neither party shall be liable for any failure of or delay in the performance of its obligations under this Agreement for the period that the failure or delay is due to acts of God, public enemy, war, strikes or labor disputes, or any other cause beyond that party’s reasonable control, it being understood that lack of financial resources shall not be deemed a cause beyond that party’s control. Each party shall promptly notify the other party of the occurrence of any such cause and carry out the affected performance as promptly as practicable after the cause of the problem is alleviated.
NO THIRD-PARTY BENEFICIARIES
Nothing in these Terms, either express or implied, is intended to or shall confer upon any third party any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
TERMINATION
At our sole discretion, without notice and/or for any reason, Boosted Diamonds LLC may terminate these Terms, access to our site or any related services, or any current transactions immediately.
Boosted Diamonds LLC reserves the right to change its terms and conditions at any time with or without prior notice. Boosted Diamonds LLC is not responsible for any typo, photography and price error. Please check back frequently to be informed of any changes. By using BoostedDiamonds.com you agree to this terms and conditions.