Diamond NestEgg, LLC (“Diamond NestEgg”, “we”, “us” and/ or “our”) provides its services (described below) to you (“you”, “your”, “yours” and/or “yourself”) through its website located at www.diamondnestegg.com (the “Site”), mobile applications, its information, tools, software, features, and functionality, including content, updates and releases, and related services (collectively, such 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. 

Moreover, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at www.diamondnestegg.com/privacy-policy. All such terms are hereby incorporated by reference into these Terms of Service.

WEBSITE CONTENT

All content on this site is for information purposes only. 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

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.

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING OUR SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF OUR SERVICES, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING DIAMOND NESTEGG’s PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, DO NOT ACCESS OR USE THE WEBSITE. 

1. Access and Use

The Service (or “Services”) provides financial advisory, planning, coaching, education, 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, personal financial advisory, planning, coaching,  financial and career literature, courses and workshops (which may be conducted in person, by phone, via email, videoconferencing, and the like) as well as any MEMBERSHIPS, 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 purposes, for your non-commercial, personal use only.  We do not provide investment, legal or tax advice through the Site and nothing herein should be construed as being financial, 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 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.

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.

5. Conduct

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 & Export Controls

Diamond NestEgg controls and operates the Service from our Head Office in the United States and the content and features 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, 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 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. 

User Content Transmitted Through the Service: You represent and warrant that you own all right, title and interest in and to such User Content you upload through the Service or share with Trusted Delegates, other users or recipients, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Diamond NestEgg a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Notwithstanding the foregoing, we will never publicly display, publish, or distribute any personally identifiable information or personal health information you upload to the Services without your permission.

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; or (d) protect the rights, property, or personal safety of Diamond NestEgg, our users and the public. 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 copyright@diamondnestegg.com (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 our sponsors 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.

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.

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, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

12. Workshops, Webinars & Events  Disclaimer

By participating in any 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 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 workshops, webinars and events. 

Participants assume all risk, physically and financially when participating in Diamond NestEgg 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. 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. Social Media Disclaimer

Diamond NestEgg currently maintains an official presence on third-party social media sites including, but not limited to, YouTube, LinkedIn, Facebook, Instagram, TikTok and Twitter (the/ our “Social Media Site(s)”) for informational and educational purposes only. Material posted to Diamond NestEgg's 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 these guidelines  in mind when using our social media sites:

Keep in mind the following guidelines when using our Social Media Sites:

Remember that anything you post is public and permanent. Due to the public nature of our Social Media Sites, anything posted on our 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 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, Diamond NestEgg may monitor, record and retain the electronic communications (comments, messages, reactions, etc.) of our Social Media Sites. By submitting any content to our 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 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.

Protect your personal information and keep communications professional. Never share your personal or account information on our 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. We monitor information posted on our 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-party 
• References to criminal or illegal activity
• Sexually explicit or pornographic
• Spamming in nature
• 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 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 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.

Understand that we cannot answer personal financial questions. Due to the general and public nature of our Social Media Sites, do not disclose your personal financial information nor ask personal financial questions. If you wish to schedule a consultation with us, please contact us via the  "Work With Us" tab at the top of this page or email jennifer@diamondnestegg.com 

Please note that Diamond NestEgg is not affiliated with YouTube, LinkedIn, Facebook, Instagram, TikTok and Twitter and has no control over how these and other third-party sites use the information you share. If you participate in these or other social networking sites, you should be familiar with their respective privacy/security policies, terms of use and community guidelines, be knowledgeable about how account settings work, and be aware of how user information can be displayed and used throughout the site. Please remember, for your own security, you should never communicate any personal, financial or account information using these channels.

The opinions, statements and viewpoints expressed by community members on our 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 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 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 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. Indemnity & Release

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.

18. Arbitration & Class Action Waiver

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 support@diamondnestegg.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, 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).

19. Termination

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.

20. Disputes

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

These Terms of Service constitute the entire agreement between you and Diamond NestEgg and govern your use of the Service, superseding any prior agreements between you and Diamond NestEgg with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Diamond NestEgg agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York. The failure of Diamond NestEgg to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Diamond NestEgg, but we may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

22. Other Terms & Conditions

Your access to and use of the Services is subject to Diamond NestEgg’s Privacy Policy at www.diamondnestegg.com/privacy-policy and all other agreements by and between you and Diamond NestEgg.

23. Information & Contact

If you require further information or have a complaint, please let us know. The following contact information is available to you:

Diamond NestEgg

450 Lexington Ave #2107

New York, NY 10017

Tel: 646-484-9626

Email: tos@diamondnestegg.com

Web: www.diamondnestegg.com

LinkedIn: linkedin.com/in/jenniferlammer/

LinkedIn: linkedin.com/company/diamondnestegg/

Twitter: twitter.com/diamond_nestegg

Facebook: www.facebook.com/diamondnestegg

Instagram: www.instagram.com/diamondnestegg