Diamond NestEgg, LLC (“Diamond NestEgg”, “we”, “us” and/ or “our”) provides its products and services (described below) to you (“you”, “your”, “yours” and/or “yourself”) through its website located at www.diamondnestegg.com and any other affiliated website (the “Site”), mobile applications, its information, tools, software, features, and functionality, including content, updates and releases, and related products and services (collectively, such products and services and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Services and features of the Site at any time, and from time to time, without notice.
By using the Site or any of our products and services, you agree to the terms of this policy and all other terms incorporated by reference, as described above. If you do not agree to any part of the Terms of Service, you may not use the Site nor our products and services.
All content on the Site is for information, education and entertainment purposes only. We assume no responsibility for the content and information contained in our Services. Opinions expressed herein are solely those of Diamond NestEgg, LLC unless otherwise specifically cited. Material presented is believed to be from reliable sources and no representations are made by our firm as to another parties' informational accuracy or completeness. All information or ideas provided should be discussed in detail with a qualified adviser, tax or legal professional prior to implementation. This website may provide links to others for your convenience. We have no control over the accuracy or content of these other websites.
All investing involves risk, including the potential for loss of principal. Past performance does not guarantee future results.
Advisory services are offered through Diamond NestEgg, LLC; an investment advisory firm domiciled in the State of New York. The presence of this website on the Internet shall not be directly or indirectly interpreted as a solicitation of advisory services to persons of another jurisdiction unless otherwise permitted by statute.
Follow-up or individualized responses to consumers in a particular state by our firm in the rendering of personalized investment advice for compensation shall not be made without our first complying with the jurisdiction requirements or pursuant to an applicable state exemption.
For information concerning the status or disciplinary history of a broker-dealer, investment adviser, or their representatives, you should contact your state securities administrator.
1. Access and Use
The Service (or “Services”) provides financial information and education, advisory, planning, coaching, entertainment and literary services; financial tools; and financial content (including business to business and business to consumer arrangements). These Services include, but are not limited to, financial advisory, planning, coaching, financial literature, memberships, courses and workshops (which may be conducted in person, by phone, via email, videoconferencing, and the like) as well as any PROGRAMS, PRODUCTS, BOOKS, OPT-INS, VIDEOS, WEBINARS, BLOG POSTS, NEWSLETTERS, CONSULTATIONS, E-MAILS, SOCIAL MEDIA AND/ OR OTHER COMMUNICATION.
2. No Offer and Suitability
The Services made available on the Site are provided for general informational & educational purposes, for your non-commercial, personal use only. We do not provide financial, investment, legal or tax advice through the Site and nothing herein should be construed as being financial, investment, legal, tax or other advice. No investment or other financial decisions should be made solely based on the Services found on the Site. When making a decision about your financial situation, you should seek the advice of a professional financial advisor or qualified expert.
Third party exchange data, if any, may not be downloaded, printed or redistributed for any purposes whatsoever. Re-distribution includes, without limitation, making any such materials and information available via the Internet or via any other electronic means of access.
3. User Account
You may have the option to create an account to participate in certain features of the Website or purchase a Service. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (i) immediately notify Diamond NestEgg of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session when accessing the Service. Diamond NestEgg will not be liable for any loss or damage arising from your failure to comply with this Section.
You assume all knowledge of applicable law and are responsible for complying with all such laws. You may not use our website and Services in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.
If you are under the age of 13, you are not permitted to register as a user or otherwise submit personal information to us. If you create an account, you agree to provide and maintain true, accurate, current, and complete information about yourself in the registration process. You are prohibited from impersonating any person or entity or misrepresenting your identity and from using another person’s username, password, or other account information. You must promptly notify us with any questions of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Website.
4. Mobile Services
The Service includes certain services that are available via a mobile device, including but not limited to (i) the ability to browse the Service and the Site from a mobile device, (ii) the ability to access certain personal finance courses and (iii) the ability to download certain templates (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, you are solely responsible for your wireless service carrier’s standard charges, data rates, and other applicable fees, as well as the agreement with your mobile device and telecommunications provider. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your telecommunications provider, and not all Mobile Services may work with all devices or telecommunications providers. By using the Mobile Services, you consent that we may communicate with you regarding Diamond NestEgg and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about usage of the Mobile Services may be communicated to us. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your account information with us to ensure that your messages are not sent to the wrong person. Diamond NestEgg makes no warranties or representations of any kind, express, statutory or implied as to: (i) the availability of telecommunication services from your provider and access to the services at any time or from any location, (ii) any loss, damage, or other security intrusion of the telecommunication services, and (iii) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the Services.
You are solely responsible for all documents, information, data, text, messages or other materials (“User Content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. Examples of the kind of User Content and/ or use that is illegal or prohibited by us, includes, but is not limited to, content that: (i) you do not have a right to upload under law or under contractual or fiduciary relationships, (ii) contains software viruses or any other computer code, files or programs developed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (iii) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/ or sales or any other form of solicitation, (iv) violates any applicable local, state, national or international law, or any regulations having the force of law or (v) in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Diamond NestEgg or its users to any harm or liability of any type.
6. Local Laws, Jurisdiction & Export Controls
Diamond NestEgg controls and operates the Service from our Head Office in New York State in the United States of America and is governed by the laws of the United States of America and the State of New York. The content and features target US residents and may not be appropriate or available for use in other locations. Downloading or using the Service outside of the United States is at your sole risk. In light of the Internet’s global reach, you agree to comply with all local rules and laws regarding your use of the Service, including as it relates to online conduct and acceptable content.
7. Commercial Use
The Service is for your personal use. Unless otherwise explicitly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, replicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
8. Intellectual Property
Service Content: You accept and agree that the Service and its entire contents, features and functionality, including but not limited to all information, software, text, displays, images, charts, analyses, video and audio, and the design, selection and arrangement thereof (the “Service Content”), are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You consent not to reproduce, distribute, modify, rent, lease, loan, sell or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. Furthermore, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
Trademarks (Including, but not limited to Service Marks): The Diamond NestEgg name, logo and all related product and service names, designs and slogans are trademarks and service marks of Diamond NestEgg or its affiliates (collectively, the “Diamond NestEgg Trademarks”). You must not use Diamond NestEgg Trademarks without our prior written permission. All goodwill generated from the use of Diamond NestEgg Trademarks will inure to our exclusive benefit.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (the “Submissions”), provided by you to Diamond NestEgg are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You also acknowledge and agree that Diamond NestEgg may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or personal safety of Diamond NestEgg, our users and the public; (e) protect the security of the Site, prevent fraud and enforce our Terms of Service; or (f) support any other legitimate interest or aim of the company. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Diamond NestEgg respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.
We will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to our Copyright Agent at firstname.lastname@example.org (Subject line: “DMCA Removal Request”).
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to our Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within New York County, NY and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
9. Third-Party Websites
The Service may contain links to third-party websites, services or other resources on the Internet, including but not limited to YouTube, LinkedIn and Facebook, and other websites, services or resources may contain links to the Site (“Third-Party Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such Third-Party Sites. The content of such Third-Party Sites is developed and provided by others. You should contact the site administrator for those Third-Party Sites if you have any concerns regarding such links or any content located on such Third-Party Sites. We are not responsible for the content of any linked Third-Party Sites and do not make any representations regarding the content or accuracy of any materials on such Third-Party Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any Third-Party Sites, you do so at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any Third-Party Sites or links to any other third party product or service.
The same principles as just described also apply to any reference to or recommendation we make for any other third party product or service, be it electronically, in a video, by phone, in writing, in person or in any other form. All such recommendations and references are provided only as a convenience to you and not as an endorsement by us of any third party website, offering, product or service. We cannot assume any liability or responsibility for any of these third parties that we do not control.
10. Indemnity & Release
You agree to release, indemnify and hold Diamond NestEgg, and our officers, directors, agents, subsidiaries, joint ventures, licensees, employees and third-party partners, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your negligence or willful misconduct, your breach of these Terms of Service or other unauthorized use of the Services, your violation of any law or regulation, or your violation of the rights of any third party. You will cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not settle any such matter without our written consent.
11. No Warranty
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DIAMOND NESTEGG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ALL INFORMATION PRESENTED IN OUR SERVICE IS FACTUALLY ACCURATE AND ERROR-FREE.
By participating in any memberships, courses, workshops, webinars and events planned and controlled by, or associated with, Diamond NestEgg, you, the attendee and/or user (collectively, the “Participant(s)”) agree to the following:
Diamond NestEgg memberships, courses, workshops, webinars and events are provided with no special warranty either express or implied. The Organizers, including Diamond NestEgg but not limited to, committee members, advisory, sponsors, and third parties assume no liability for any loss, financial hardship, financial decisions, theft, damage, or injury to property or persons, including death, whenever arising in contract, negligence, equity, or otherwise. Diamond NestEgg does not guarantee any teachings or advice offered during memberships, courses, workshops, webinars and events.
Participants assume all risk, physically and financially when participating in Diamond NestEgg memberships, courses, workshops, webinars and events. All participants must use care and good judgement in making financial decisions and should consult qualified professionals for their particular financial circumstances. Memberships, courses, workshops, webinars and events are general in nature. Diamond NestEgg does not represent Participants and is not advising Participants on their specific financial circumstances.
13. YouTube Membership Disclaimer & Social Media Disclaimer
Diamond NestEgg currently maintains a membership on YouTube (the "YouTube Membership") and an official presence on third-party social media sites including, but not limited to, YouTube, LinkedIn, Facebook, Instagram, TikTok, Twitter & Threads (the/ our “Social Media Site(s)”) for general informational and educational purposes only. Material posted to Diamond NestEgg's YouTube Membership or Social Media Sites should not be construed as a solicitation or as offering any specific financial advice. Please visit www.diamondnestegg.com for information about the products and services we offer.
We encourage community engagement online to share, discuss, and discover information and ideas. Please keep in mind the following guidelines when using our YouTube Membership & Social Media Sites:
Remember that anything you post is public and permanent. Due to the public nature of our YouTube Membership & Social Media Sites, anything posted on our YouTube Membership & Social Media Sites may be seen and read by everyone and is permanent even when deleted. As anyone can participate, we cannot be responsible for views expressed other than our own. If you post to our YouTube Membership or one of our Social Media Sites, or otherwise respond or comment on one of our posts and/ or videos, you are agreeing to abide by these guidelines, which apply in addition to the terms and conditions or other legal notices that are provided by us and/or the owner of the Social Media Sites.
In accordance with industry standards and practices as well as statutory and regulatory requirements, Diamond NestEgg may monitor, record and retain the electronic communications (comments, messages, reactions, etc.) of our YouTube Membership & Social Media Sites. By submitting any content to our YouTube Membership or Social Media Sites, you warrant and represent that you are the copyright owner of the content or that the copyright owner of the content has granted you permission to use such content consistent with the manner and purpose of your use. Infringement on any party’s copyright, patent, trademark, trade secret, intellectual property, or other proprietary rights, or right of publicity or privacy is strictly prohibited and is your sole responsibility. Additionally, by posting on our YouTube Membership or Social Media Sites, you grant us the right to use or reproduce your content. Do not post or send material for which you do not have the right to post or send or that you do not want us to use or reproduce without further permission.
Protect your personal information and keep communications professional. Never share your personal or account information on our YouTube Membership & Social Media Sites. Keep communications professional & on the subject matter at hand. Diamond NestEgg reserves the right to delete comments and remove any third-party links, marketing materials, commercial content, and other types of “spam” (such as comments that are posted repeatedly) and will ban or block users as appropriate. YouTube Membership fees will NOT BE REFUNDED in any instance.
Information monitoring: We monitor information posted on our YouTube Membership & Social Media Sites and reserve the right to remove any communication including, but not limited to, those that in our view are:
Abusive, harassing, stalking, threatening, or attacking in nature
Commercial solicitations or solicitation of donations
Defamatory, offensive, obscene, vulgar, or depicting violence
Fraudulent, deceptive, libelous, misleading, or unlawful
Hateful in language targeting race/ethnicity, age, color, creed, religion, gender, sexual preference or orientation, nationality, or political beliefs
Links to other third-parties
References to criminal or illegal activity
Sexually explicit or pornographic
Spamming in nature
Disruptive and/or not helpful and constructive for the discussion or forum where they are posted
Viruses or programs that could damage the operation of other people’s computers
Know that we sometimes provide links to third-party content for informational purposes. Our YouTube Membership & Social Media Sites may follow another user, share or provide links to third-party content and/or “like” third-party content. This should not be construed as an endorsement of any services, products, guidance, individuals, or points of view outside of Diamond NestEgg. We not endorse any content posted to our YouTube Membership & Social Media Sites and our likes, deletion or non-deletion of any content should not be understood to be an approval, endorsement, or adoption of that content -- the same principles apply as set out in section 9 above,
Understand that we cannot answer personal financial questions.Due to the general and public nature of our YouTube Membership & Social Media Sites, do not disclose your personal financial information nor ask personal financial questions.
The opinions, statements and viewpoints expressed by community members on our YouTube Membership & Social Media Sites do not necessarily reflect Diamond NestEgg's opinions nor do they represent our official position. We are not responsible for, nor do we validate any opinions, assertions or forward-looking statements expressed in any user’s comments. Content posted on our YouTube Membership & Social Media Sites should not be considered a recommendation, offer, or solicitation of investment, tax, or any other advice. Everyone's financial journey is different. If you require specific advice, please consult with a qualified tax advisor, legal advisor, CPA, insurance agent, or financial advisor.
14. Personal Responsibility Disclaimer
You aim to accurately represent the information provided to us on or through the Service. You acknowledge that you are participating voluntarily in using the Service and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through the Service, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from the Service to your life, family or business.
15. Not a Bank, Broker, Legal or Tax Advisor
Diamond NestEgg is not a bank, broker, legal or tax advisor. Everyone's financial journey is different. Your personal financial situation is unique. Neither we, our Site, our Social Media Sites, nor this content and information are intended to provide legal, tax or financial advice. When making a decision about your financial situation, you should seek the advice of a professional financial adviser or qualified expert. The Services made available on the Site are provided for informational, educational and entertainment purposes, for your non-commercial, personal use only.
16. Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIAMOND NESTEGG WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DIAMOND NESTEGG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRECTION OF, DESTRUCTION OF, DAMAGE TO, LOSS OF OR FAILURE TO STORE OR ENCRYPT ANY USER CONTENT; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL DIAMOND NESTEGG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DIAMOND NESTEGG IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED US DOLLARS (US$100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
RELIANCE ON INFORMATION POSTED. The Information presented on or through the Service is made available solely for general informational, educational and entertainment purposes only and as a self-help tool for your own use. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Service, or by anyone who may be informed of any of its contents.
This Information may include, but is not limited to, content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Diamond NestEgg, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Diamond NestEgg. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
17. Arbitration & Class Action Waiver
These Terms of Service and any Services provided hereunder will be governed by the laws of the State of New York and with respect to arbitration by the JAMS Rules, without regard to any laws that would direct the choice of another state’s laws and, where applicable, will be governed by the federal laws of the United States. Except as otherwise expressly provided in these Terms of Service, all arbitration and other litigation of any dispute between you and Diamond NestEgg related to these Terms of Service shall be located in New York. Foreign laws do not apply.
Informal Process First: You agree that in the event of any dispute between you and Diamond NestEgg, you will first contact Diamond NestEgg and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.
Arbitration Agreement and Class Action Waiver: After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Diamond NestEgg’s services and/or products, including the Services, will be resolved by arbitration. You and Diamond NestEgg agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this Section, and as of the date of these Terms of Service). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms of Service will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms of Service, you and Diamond NestEgg are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Diamond NestEgg will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis. An arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.
Costs of Arbitration: Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed ten thousand US dollars (US$10,000), Diamond NestEgg will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
Opt-Out: You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms of Service by sending written notice of your decision to opt-out to email@example.com. The notice must be sent to Diamond NestEgg within thirty (30) days of your registering to use the Services or agreeing to these Terms of Service by using the Site or any of our products and services, otherwise you shall be bound to arbitrate disputes in accordance with these Terms of Service. If you opt-out of these arbitration provisions, Diamond NestEgg also will not be bound by them. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Diamond NestEgg in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
18. Purchases and Refunds
Price and payment terms: Pricing is subject to change without notice. Prices displayed on the Website are subject to our final approval at the time of order fulfillment. Your total price for any Service purchased will be stated on your e-mailed purchase receipt. Terms of payment are within our sole discretion and payment must be received by us prior to acceptance and fulfillment of an order. Prices are based on U.S. currency. We reserve the right to limit quantities. Orders are not binding until accepted by us, and we reserve the right to decline the acceptance of any order, including, without limitation, if the listed price of the Service is a mistake and/or has been hacked. Applicable taxes may be added to the final price you pay for any Service as required by law. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. In exchange for us allowing you to use and access this Website and collecting and remitting taxes required on your purchases, you waive your right to claim that the tax collected on any purchase is incorrect, and you agree to hold us and our related parties harmless for any harm or other damages you may incur as a result of any error by us in calculating the taxes you owe for your purchases.
Support: Unless specifically stated in the description for any Service, we do not provide support for any of our Services. We will make best efforts to make sure all our Services are accurate and up to date but cannot make any guarantees.
Service description and availability: We may revise and discontinue Services at any time. Service availability is subject to change without notice. We always attempt to be accurate in our descriptions of our Services. We cannot guarantee, however, that descriptions of Services or other content on this Website are accurate, complete, reliable, current or free from errors or omissions. Any images of Services shown may display differently on different screens or devices and are for representational purposes only.
Refund policy: For our digital Services, you have 7 calendar days from your date of purchase to request a full refund. You must send an email to firstname.lastname@example.org that includes your name, purchase date, and reason for the refund request in order to qualify for a refund. A team member will follow up with you within 30 calendar days.
You agree that Diamond NestEgg, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. 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. We may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Diamond NestEgg 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 Service. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and we will have no liability or responsibility with respect thereto. Diamond NestEgg reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
21. General Terms & Conditions