Terms and Conditions

TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Michael E. Minden Diamond Jewelers and its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Website”). Michael E. Minden Diamond Jewelers makes no representation that the Website is appropriate or available in other locations other than where it is operated by Michael E. Minden Diamond Jewelers. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Michael E. Minden Diamond Jewelers to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the Website or use the Michael E. Minden Diamond Jewelers Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.

PURCHASES AND PAYMENT

Michael E. Minden Diamond Jewelers bills you through an online billing account for purchases of products and/or services. You agree to pay Michael E. Minden Diamond Jewelers all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize Michael E. Minden Diamond Jewelers to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Michael E. Minden Diamond Jewelers reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Michael E. Minden Diamond Jewelers. Michael E. Minden Diamond Jewelers may change prices at any time. All payments shall be in U.S. dollars.

RETURNS & EXCHANGES

NO REFUNDS. Exchanges only up to 14 days from purchase, with receipt. All custom order sales and jewelry alterations are final.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Michael E. Minden Diamond Jewelers Services ("Submissions") provided by you to Michael E. Minden Diamond Jewelers are non-confidential and Michael E. Minden Diamond Jewelers (as well as any designee of Michael E. Minden Diamond Jewelers) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise,without acknowledgment or compensation to you.

PROHIBITED ACTIVITIES

You may not access or use the Website for any other purpose other than that for which Michael E. Minden Diamond Jewelers makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Michael E. Minden Diamond Jewelers. Prohibited activity includes, but is not limited to:

  1. attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website
  2. attempting to impersonate another user or person or using the username of another user
  3. criminal or tortious activity
  4. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website
  5. deleting the copyright or other proprietary rights notice from any Website content
  6. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools
  7. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Website,or using or launching any unauthorized script or other software
  8. harassing, annoying, intimidating or threatening any Michael E. Minden Diamond Jewelers employees or agents engaged in providing any portion of the Michael E. Minden Diamond Jewelers Services to you
  9. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website
  10. making any unauthorized use of the Michael E. Minden Diamond Jewelers, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
  11. selling or otherwise transferring your profile
  12. systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Michael E. Minden Diamond Jewelers
  13. tricking, defrauding or misleading Michael E. Minden Diamond Jewelers and other users, especially in any attempt to learn sensitive account information such as passwords
  14. using any information obtained from the Website in order to harass, abuse, or harm another person
  15. using the Company Services as part of any effort to compete with Michael E. Minden Diamond Jewelers or to provide services as a service bureau
  16. using the Website in a manner inconsistent with any and all applicable laws and regulations

INTELLECTUAL PROPERTY RIGHTS

The content on the Website (“Michael E. Minden Diamond Jewelers Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Michael E. Minden Diamond Jewelers, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Michael E. Minden Diamond Jewelers Content, includes, without limitation, all source code, databases, functionality, software, website designs,audio, video, text, photographs and graphics. All Michael E. Minden Diamond Jewelers graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Michael E. Minden Diamond Jewelers in the United States and/or other countries. Michael E. Minden Diamond Jewelers's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Michael E. Minden Diamond Jewelers.

Michael E. Minden Diamond Jewelers Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Michael E. Minden Diamond Jewelers Content and to download or print a copy of any portion of the Michael E. Minden Diamond Jewelers Content to which you have properly gained access solely for your personal, noncommercial use. Michael E. Minden Diamond Jewelers reserves all rights not expressly granted to you in and to the Website and Michael E. Minden Diamond Jewelers Content and Marks.

THIRD PARTY WEBSITES AND CONTENT

The Website contains (or you may be sent through the Website or the Michael E. Minden Diamond Jewelers) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Michael E. Minden Diamond Jewelers takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

SITE MANAGEMENT

Michael E. Minden Diamond Jewelers reserves the right but does not have the obligation to:

  1. monitor the Website for violations of this Agreement;
  2. take appropriate legal action against anyone who, in Michael E. Minden Diamond Jewelers’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
  3. in Michael E. Minden Diamond Jewelers’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Michael E. Minden Diamond Jewelers policy;
  4. in Michael E. Minden Diamond Jewelersn’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Michael E. Minden Diamond Jewelers’s systems;
  5. otherwise manage the Website in a manner designed to protect the rights and property of Michael E. Minden Diamond Jewelers and others and to facilitate the proper functioning of the Website.

TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, Michael E. Minden Diamond JEWELERS RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.

In order to protect the integrity of the Website and Michael E. Minden Diamond Jewelers Services, Michael E. Minden Diamond Jewelers reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and Michael E. Minden Diamond Jewelers Services. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF Michael E. Minden Diamond JEWELERS’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

If Michael E. Minden Diamond Jewelers terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Michael E. Minden Diamond Jewelers reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS

To Agreement

Michael E. Minden Diamond Jewelers may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Michael E. Minden Diamond Jewelers may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.

To Services

Michael E. Minden Diamond Jewelers reserves the right at any time to modify or discontinue, temporarily or permanently, the Michael E. Minden Diamond Jewelers (or any part thereof) with or without notice. You agree that Michael E. Minden Diamond Jewelers shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Michael E. Minden Diamond Jewelers Services.

DISPUTES

Between Users

If there is a dispute between users of the Website, or between users and any third party, you understand and agree that Michael E. Minden Diamond Jewelers is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Michael E. Minden Diamond Jewelers Services.

With Michael E. Minden Diamond Jewelers all questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the Michael E. Minden Diamond Jewelers Services shall be governed and construed by the laws of the State/Commonwealth of Georgia, excluding such state’s conflicts of law rules. Any legal action of whatever nature by or against Michael E. Minden Diamond Jewelers arising out of or related in any respect to this Website and the Michael E. Minden Diamond Jewelers Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Clark County, State of Nevada; subject, however, to the right of Michael E. Minden Diamond Jewelers, at the Michael E. Minden Diamond Jewelers's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the Michael E. Minden Diamond Jewelers Services (including your visit to or use of the Website and/or the Michael E. Minden Diamond Jewelers Services) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys' fees and costs if we have to take any legal action to enforce this Agreement.

CORRECTIONS

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Michael E. Minden Diamond Jewelers reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

DISCLAIMERS

Michael E. Minden Diamond Jewelers cannot control the nature of all of the content available on the Website. By operating the Website, Michael E. Minden Diamond Jewelers does not represent or imply that Michael E. Minden Diamond Jewelers endorses any blogs, contributions or other content available on or linked to by the Website, including without limitation content hosted on third party websites or provided by third party applications, or that Michael E. Minden Diamond Jewelers believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. The Michael E. Minden Diamond Jewelers is not responsible for the conduct, whether online or offline, of any user of the Website or Company Services.

YOU AGREE THAT YOUR USE OF THE WEBSITE AND Michael E. Minden Diamond JEWELERS SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Michael E. Minden Diamond JEWELERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE Michael E. Minden Diamond JEWELERS SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Michael E. Minden Diamond JEWELERS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR Michael E. Minden Diamond JEWELERS SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. Michael E. Minden Diamond JEWELERS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE PPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL Michael E. Minden Diamond JEWELERS OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR Michael E. Minden Diamond JEWELERS SERVICES, EVEN IF Michael E. Minden Diamond JEWELERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Michael E. Minden Diamond JEWELERS’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Michael E. Minden Diamond JEWELERS FOR THE Michael E. Minden Diamond JEWELERS SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 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."

INDEMNITY

You agree to defend, indemnify and hold Michael E. Minden Diamond Jewelers, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Michael E. Minden Diamond Jewelers Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Michael E. Minden Diamond Jewelers reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Michael E. Minden Diamond Jewelers, and you agree to cooperate, at your expense, with Michael E. Minden Diamond Jewelers’s defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

NOTICES

Except as explicitly stated otherwise, any notices given to Michael E. Minden Diamond Jewelers shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.

USER DATA

Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Michael E. Minden Diamond Jewelers Services, as well as data relating to your use of the Michael E. Minden Diamond Jewelers. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Michael E. Minden Diamond Jewelers Services. You agree that Michael E. Minden Diamond Jewelers shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Michael E. Minden Diamond Jewelers arising from any such loss or corruption of such data.

ELECTRONIC CONTRACTING

Your use of the Michael E. Minden Diamond Jewelers Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE Michael E. Minden Diamond JEWELERS, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Michael E. Minden Diamond Jewelers regarding the use of the Michael E. Minden Diamond Jewelers Services. The failure of Michael E. Minden Diamond Jewelers to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Michael E. Minden Diamond Jewelers may assign any or all of its rights and obligations to others at any time. Michael E. Minden Diamond Jewelers shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Michael E. Minden Diamond Jewelers's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Michael E. Minden Diamond Jewelers as a result of this Agreement or use of the Website and Michael E. Minden Diamond Jewelers Services. Upon Company’s request, you will furnish Michael E. Minden Diamond Jewelers any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Michael E. Minden Diamond Jewelers by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.