THESE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
This website is operated by Agape Diamonds, LLC., on behalf of itself and its affiliates (collectively referred to herein as "company" or "we," "us," or "our"). Your use of this website (the "website") is subject to the following terms and conditions of use (the "terms"). Your use of the website constitutes your unconditional agreement to be bound by these terms.
We believe that the data contained on this website is accurate. In the event that the data is found to be inaccurate or if an item is marked with the wrong price, we reserve the right to cancel any transaction. Please note: All promotion codes, discount codes and or store credits can only be applied to finish jewlery available online. Promotions and discount codes cannot be applied towards Custom Designs or Loose Natural Diamonds. Promotional Codes cannot be combined for larger discounts. All shapes, sizes, images and quality shown are for representations only. All images used on this website are enlarged to show detail. Agape Diamonds does not warrant that the information contained in this website is error free. Agape Diamonds may also use terminology that is commonly used within the diamond industry. Such comments may include terms commonly associated to describe a stone’s weight, clarity and color as well as adjectives such as beautiful, eye clean, flawless, etc., which are commonly used in the description of diamond jewelry. These terms are used in conjunction with industry-accepted practices but are referred to as an opinion only. These opinions may change from time to time based on changes in grading techniques, equipment and interpretation. Additionally, Agape Diamonds will only file an insurance claim in the event the shipping carrier fails to provide Agape Diamonds with proof of delivery. If the carrier provides Agape Diamonds with proof of delivery, no insurance claim will be filed by Agape Diamonds on behalf of the customer. Additionally, to avoid online fraud and help keep online shopping a safe environment, when paying with a Credit or Debit Card, we will only ship to the billing address. If you select a different shipping address than your billing address, our shipping department will automatically ship the merchandise to your billing address and NOT the shipping address. If you need the merchandise shipped to a different address in a different City and State please checkout using Paypal or with any of the Financing Options provided. If you need additional help or clarification, please contact our customer service department at 1-800-861-5144 to discuss the available options prior to placing your order
Most of the products offered for sale on this website include Agape Simulated Diamonds or Lab Grown Diamonds as an alternative to natural diamonds. By purchasing any of these products you understand that you are NOT purchasing natural diamonds and that Agape Diamonds has made no representations - written or oral - that could be construed or interpreted that these products are manufactured using natural earth mined diamonds. Any information presented herein including but not limited to an item title or description may be revised or changed at any time without notice.
Although The Agape Simulated Diamond™ will test as a diamond on a standard thermal diamond tester, it will not appraise as a diamond since it does not have the same chemical composition. A professional gemologist will be able to discern the difference while appraising your jewelry.
PLEASE NOTE that as of April 12, 2023 Agape Diamonds introduced the Agape Simulated Diamond™ which has a different chemical composition from the previous Simulated Diamonds. All orders placed on or before 4/12/2023 were not set with the new Agape Simulated Diamond™ and will not test or pass as a diamond with a standard thermal diamond tester. If you purchased prior to 4/12/2023 and would like to upgrade your center stone to the new Agape Simulated Diamond™ please contact our customer service department via email at [email protected] or call us at 1-800-861-5144 and one of our team members will be happy to help you.
Important: All our Jewelry is hand crafted and Made to Order, unless otherwise stated on the product page and or website, we require a minimum of 5-7 working days to complete your order. All orders in Yellow Gold, 18K Gold, and Platinum will take 7-10 buisness days to be completed. Although this is an estimated shipping time, sometimes more intricate items can take a few extra days to complete.
IMPORTANT DISCLAIMER AND LIMITATION OF LIABILITY REGARDING DIAMOND LABORATORY GRADING REPORTS
A Diamond Laboratory Grading Report (“Report”) is an independent third party opinion regarding the quality of a diamond. While such Reports are based upon quantifiable standards, a certain level of subjectivity is always inherent in the diamond grading process. Moreover, the standards that Agape Diamonds, LLC (“Agape”) and other various diamond laboratories use are not uniform. Accordingly, Agape’s transmittal or use of any such Report should not and does not imply Agape’s agreement with or endorsement thereof.
FURTHER, AGAPE MAKES NO REPRESENTATION OR EXPRESS WARRANTY, AND DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE DIAMOND LABORATORY GRADING REPORTS ACCOMPANYING OR APPLICABLE TO THE DIAMONDS THAT IT SELLS, OR THE ACCURACY THREOF. IN NO EVENT SHALL AGAPE OR ANY OF ITS EMPLOYEES OR AGENTS BE LIABLE TO A CUSTOMER OR ANY OTHER THIRD PARTY FOR ANY LOSS, DAMAGE OR EXPENSE, OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, STATUTORY, SPECIAL OR PUNITIVE DAMAGES RESULTING FROM AN ERROR IN, OR OMISSION FROM, OR THE ISSUANCE OF, USE OF, OR RELIANCE UPON, A REPORT, REGARDLESS OF WETHER OR NOT THE CUSTOMER OR SUCH OTHER THIRD PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU CHOOSE TO FINANCE YOUR PURCHASE, PLEASE NOTE THAT FINANCING IS OFFERED THROUGH A THIRD PARTY FINANCIAL COMPANY AND AGAPE DIAMONDS DOES NOT HAVE ANY CONTROL OVER THEIR APPROVAL PROCESS. BY SELECTING FINANCING IN THE CHECKOUT YOU AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME AT THEIR SOLE DISCRETION.
You will be glad to know that all our jewelry comes with a Lifetime Warranty against defects in manufacturing. Even if your Agape Simulated Diamond was to ever chip, scratch, discolor, or loose its brilliance in any way - we will replace it free of charge! (Simulated Diamonds Only) It is important to know, that should you loose your Agape Simulated Diamond, you will not have to pay the full retail price – we will replace it for just the cost of the stone and the labor is always free!
Please note that our Lifetime Warranty is Non-Transferable and does not apply to accidental/physical damage. View full Lifetime Warranty.
THE SOLE AND EXCLUSIVE REMEDY FOR ANY DEFECT COVERED BY THIS LIMITED LIFETIME WARRANTY IS THAT AGAPE DIAMONDS WILL AT ITS OPTION, REPAIR THE ITEM OR REPLACE IT WITH ANOTHER ITEM OF EQUAL OR GREATER QUALITY WITHOUT CHARGE TO YOU. UNDER THE TERMS OF THIS LIMITED LIFETIME WARRANTY YOU WILL BE RESPONSIBLE FOR ANY COST OF SHIPMENT OF YOUR ITEM TO AGAPE DIAMONDS AND AGAPE DIAMONDS WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS DURING SHIPMENT. ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.
We want you to shop in confidence knowing that we understand that although our jewelry is manufactured with the highest standards of quality and craftsmanship, sometimes you may need to return your purchase. That’s why we offer a Risk Free 30-Day Money Back Guarantee! Please refer to our complete Return Policy.
Your Personal Information
All personal information will be treated as confidential. We will not release any information to non-related third parties. Agape Diamonds does not sell your personal information such as name or email address. For a complete description of our Privacy Notice please refer to our Privacy Notice.
Agape Diamonds is located in Tampa, Florida 33618, USA and is required to collect sales tax for items purchased or delivered within the State of Florida. We do not collect any sales tax for items that are purchased or shipped anywhere else within the USA or to other countries.
All international orders are shipped FOB Tampa, Florida, USA. You will be solely responsible for any import duties, taxes or brokerage fees that are required by the country of import. Under no circumstances will Agape Diamonds be liable or required to refund any taxes, duties or brokerage fees paid by the customer to a foreign country or shipping company. If you have any questions regarding import duty taxes you should contact your country’s customs and tax authorities for clarification before ordering.
Please note: that all our Jewelry is Made to Order. We require a minimum of 5-7 working days to complete your order before shipping.
Florida Statute 715.065 (Unclaimed Jewelry)
Florida Statute 715.065 Jewelry stores; disposition of unclaimed articles.— Any person that fails to claim an article of jewelry delivered to a jewelry store for repair, cleaning, or adjustment, for a period of 1 year, the store shall have the right to dispose of such article of jewelry by whatever means it may choose, without incurring liability or responsibility to the owner for such jewelry. In addition, the owner of such article of jewelry shall be responsible for the payment of any repair, cleaning or adjustment. Failure to pick up, or pay for the shipping, of the article of jewelry within five (5) business days from the date of notice from Seller that the products are ready for delivery, Seller then has the right to impose Storage charges at a rate of $15.00 USD per day or one and one-half percent (1 ½%) of the entire value of the items until such time as they are picked up by Buyer. Florida Statute 715.065 also provides the right to the seller to dispose of such jewelry after 1 year from the time of such articles of jewelry were delivered to the jewelry store.
In the event your return is received without proper authorization forms or identification of ownership, or if your return is not approved due to the security tags been cut or removed and / or you fail to claim your article of jewelry for a period of 1 year, the seller shall have the right to dispose of such article of jewelry by whatever means it may choose, without incurring liability or responsibility to the owner for such jewelry. In addition, the owner of such article of jewelry shall be responsible for the payment of Storage charges at a rate of $15.00 USD per day or one and one-half percent (1 ½%) of the entire value of the items until such time as they are picked up by Buyer. In addition, any jewelry returned to Agape Diamonds as Returned to Sender or Unclaimed will be subject to this Florida Statute 715.065
This website is offered and made available only to users sixteen (16) years of age or older and certain features on this website (including, but not limited to, user registration) may be subject to other eligibility requirements. If you are not yet 16 years old and/or do not meet any other eligibility requirements, please discontinue using the website immediately or, if for any reason, you do not agree with all of the terms and conditions contained in these terms, please discontinue using the website immediately, because by using or attempting to use the website, you certify that you are at least sixteen (16) years of age or other required greater age for certain features and meet any other eligibility requirements of the website.
The information and features included in this website have been compiled from a variety of sources, are for informational and entertainment purposes only and are subject to change at any time without notice. By accessing or linking to this website, you assume the risk that the information on this website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
Certain areas of the website may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The website's practices governing your personal information are disclosed in our Privacy Notice. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the website. When you provide information to the website, you agree to provide only true, accurate, current and complete information.
If you register with the website, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the website using your name in whole or in part. Company may, in it's sole discretion, and at any time, with or without notice, terminate your password and registration, for any reason or no reason at all.
Ownership Of Content
This website and all of the content it contains, or may in the future contain, including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, copyrights, logos, domain names, trade names, service marks, patents and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “material”) are owned by or licensed to company and/or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by company in advance, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the material. Nothing contained in these terms or on the website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any material in any manner without the prior written approval of company or such third party that may own the material or intellectual property displayed on the website. Unauthorized use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating or any other misuse of any of the material is strictly prohibited. Any use of the material other than as permitted by these terms will constitute a violation of these terms and may constitute copyright, trademark, and/or patent infringement. You agree not to use the material for any unlawful purposes, in any way not expressly permitted herein, and not to violate company's rights or the rights of others. You agree not to interfere (or permit the use of your registration by a third party to interfere) with the normal processes or use of the website by other individuals, including without limitation by attempting to access administrative areas of the website. You agree to promptly report to us any violation and/or attempted violation of these terms by others that you become aware of. You are advised that company will aggressively enforce its rights to the fullest extent of the law. Company may add, change, discontinue, remove or suspend any of the material at any time, without notice and without liability.
Forums, bulletin boards, chat rooms or other interactive areas that may be offered now or in the future on the website (“user forums”) are provided to give users a forum to express their opinions and share their ideas and information. The individual who posts content in the user forums (“community content”) is responsible for the reliability, accuracy, and truthfulness of such content, and company has no control over the same. Additionally, company has no control over whether any such posted material is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.
Company does not and cannot review every message posted by users in the user forums, and is not responsible for the content of these messages or the views or opinions expressed by the users of the user forums. Information disclosed in the user forums is by design revealed to the public. Company reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to the website for any reason in company's sole discretion. In addition, company may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of company or to protect the safety of our users or the public. In no event does company assume any obligation to monitor the user forums or remove any specific material.
Social Media Sharing
When you create a message, and share that message via a social media platform or other medium (eg, sms or e-mail) ("message"), you must ensure that all the information you provide in a message is accurate and truthful. Any message you create must not infringe the copyright, trade mark or other intellectual property rights of any other person; be unlawful, threatening, obscene, vulgar, pornographic, profane or indecent; include any material which is defamatory, offensive, distasteful or otherwise unacceptable; improperly claim the identity or characteristics or qualifications of another person or organization; or otherwise be in breach of any local or international laws. For messages that are shared via social media, you will not edit, remove or tamper with any copyright messages or links to the Agape Diamonds website.
Before you include any information or images or another person (such as their name, Instagram user name, photograph or any other information that might identify them), you must obtain their consent for such use of their personal data.
Company does not and cannot review every message posted on social media, and is not responsible for the content of messages or the views or opinions expressed by the users. Company may however, submit requests to social media platforms to delete any post containing a message which company in its reasonable discretion determines is in breach of these terms or applicable law.
By participating in the SMS Service you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Agape Diamonds, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. Agape Diamonds reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Agape Diamonds also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Agape Diamonds, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Agape Diamonds and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Agape Diamonds through any other programs you have joined until you separately unsubscribe from those programs.
Text the keyword HELP to our shortcode to return customer care contact information.
If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email [email protected].
Disclaimers/Limitations on Liability
YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED “AS IS” “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS.
YOU AGREE THAT COMPANY AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, PARTNERS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING, RELATING TO AND/OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEBSITE, THE USER FORUMS, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS WEBSITE OR ITS RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY U.S. DOLLARS ($50), IN THE AGGREGATE. HOWEVER, THIS LIMITATION OF LIABILITY PROVISION SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF COMPANY'S OWN NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW.
BY ACCESSING THIS WEBSITE, YOU AGREE TO THE FOLLOWING: I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” HOWEVER, THE FOREGOING PROVISION SHALL NOT APPLY TO NEW JERSEY CONSUMERS.
Company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this website and/or the material. reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by company. Views and opinions of users of this website do not necessarily state or reflect those of company. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this website.
The internet may be subject to breaches of security. Company is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction, except if caused by company's own negligence. You should also be aware that email submissions over the internet may not be secure, and you should consider this before e-mailing company any information. Company makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this website. this website may be temporarily unavailable due to maintenance or malfunction of computer equipment.
BY USING THIS WEBSITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, ARISING OUT OF, IN CONNECTION WITH AND/OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OR ANY LAW; YOUR USE OF THIS WEBSITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS; ALL OF YOUR SUBMISSIONS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR COMPANY'S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY'S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY. HOWEVER, THIS INDEMNIFICATION PROVISION SHALL NOT APPLY TO THE ENTENT THAT ANY CLAIM IS THE RESULT OF COMPANY'S OWN NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW.
Company is pleased to hear from its users and welcomes your comments regarding company's services and products. Nevertheless, company's long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). While we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions, or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by company's or its affiliates' professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as show designs, photographs, drawings, or original artwork.
If you at any time send, provide us with, or post certain specific submissions at our request (e.g., via message boards or in connection with sweepstakes, contests and/or other promotions) or if you at any time send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a “submission” and collectively, the “submissions”) despite our request that you not send us any unsolicited submissions or other creative materials, the submission will be treated as non-confidential and non-proprietary in each instance. For purposes of this paragraph, all community content shall be deemed included in the definition of submissions. None of the submissions shall be subject to any obligation of confidence on the part of company, and company shall not be liable for any use or disclosure of any submissions. Any submission may be used by company without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. Company shall have and is irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a submission to this website or company, you represent that such submission is original with you and does not conflict with, violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. All submissions to the website and/or company shall be the sole property of company and will not be acknowledged or returned. You agree and understand that company is not obligated to use any submission you make to the website or company and you have no right to compel such use. You hereby acknowledge and agree that your relationship with company is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to company does not place company in a position that is any different from the position held by members of the general public with regard to your submission. You understand and acknowledge that company has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by company's own employees. Many ideas or stories may be competitive with, similar or identical to your submission in theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of company's use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of a company's actual or alleged exploitation or use of any material you submit to the website and/or company, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
if you are a copyright owner and believe that any content appearing on the site or in any community feature has been copied in a way that infringes upon your copyrights, you may submit a notification to company pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing (see 17 u.s.c. 512(c)(3) for further detail) to the copyright agent named below:
- your name, address, telephone number, and email address;
- a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- the exact URL or a description reasonably sufficient to permit company to locate where the alleged infringing material is located;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Agape Diamonds, LLC
2959 Van Dyke Rd, Suite 216
Lutz, FL 33558
Upon receipt of the written notification as outlined above, company will use good faith, reasonable efforts to remove the material that is alleged to be infringing and forward a copy of the written notification to the alleged infringer. The alleged infringer has the right to file a counter-notification by providing the designated agent with the following information: (1) a physical or electronic signature; (2) identification of the material that has been removed the location at which the material appeared before it was removed; (3) a statement under penalty of perjury that he/she has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed; (4) his/her name, address, and telephone number, and a statement that he/she consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if his/her address is outside of the united states, for any judicial district in which the service provider may be found, and that he/she will accept service of process from the person who provided notification under subsection (c)(1)(c) or an agent of such person. By this filing, company seeks to preserve any and all exemptions from liability that may be available under the DMCA or otherwise, but does not necessarily stipulate that it is a service provider as defined in 17 USC 512c or elsewhere in the law.
If you link to this website, we require that you follow these guidelines. You may link only to the home page, and the link must be in plain text, unless otherwise approved in writing by an authorized representative of company. The link to this website must not damage, dilute or tarnish the goodwill associated with any company names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with company. You may not “frame” this website or alter its intellectual property or material in any other way. You may not link to the website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by company in its sole discretion. Company reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that company deems to be inappropriate or inconsistent with or antithetical to this website and/or these terms.
Company is not responsible for the content or performance of any portion of the internet including other world wide websites to which this website may be linked or from which this website may be accessed. Users are requested to inform company of any errors or inappropriate material found on websites to which this website is or may be linked.
This website may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the website may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with and abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
Promotional or Discount Codes
All promotion codes, discount codes and or credits can only be applied to finish jewlery. Promotional or discount codes cannot be applied towards Custom Designs or Loose Natural Diamonds. Codes cannot be combined for larger discounts. The company reserves the right to terminate or change any discount or promotional code at any time or fpr any reason.
Company operates this website in the United States. Information contained on this website may not be appropriate or available for use in other locations, and access to this website from territories where the content of the website may be illegal is prohibited. If you access this website form other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These terms shall be construed and enforced in accordance with the laws of the United States, State of Florida, (without regard to its conflicts of law principles that would cause the application of any other jurisdiction's laws) and will specifically not be governed by the United Nations Conventions on contracts for the international sale of goods, if otherwise applicable. Any cause of action filed by you with respect to the terms and/or your use of this website must be filed in Tampa, Florida within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred. This ninety (90) day limitation shall not apply to new jersey consumers. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in Tampa, Florida for any cause of action relating to or arising under these terms or the website.
Violations and Additional Policies
Company will determine your compliance with these terms in its sole discretion and its decision shall be final and binding. Any violation of these terms may result in restrictions on your access to all or part of the website and may be referred to law enforcement authorities. No waiver of any of these terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of company. Company reserves the right to modify or discontinue this website, or any portion thereof without notice to you or any third party. Upon termination of your access to the website, or upon demand by company, you must destroy all materials obtained from this website and all related documentation and all copies and installations thereof. You are advised that company will aggressively enforce its rights to the fullest extent of the law. Company, in its sole discretion, reserves the right to disqualify and terminate access or use of any individual found to be (i) tampering with the operation of the website; (ii) acting in violation of these terms; (iii) acting in an unethical or disruptive manner; or (iv) acting with intent to annoy, abuse, threaten or harass company, its representatives or any other individual in any manner related to the website.
if any provision of these terms is found to be invalid, the invalidity of such provision will not affect the validity of the remaining provisions of these terms, which will remain in full force and effect. The section titles in these terms are for your convenience only and do not have any legal or contractual effect.
Ability to Accept Terms
You affirm that you are 16 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms, and to abide by and comply with these terms.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL.
Before initiating arbitration, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including, but not limited to, information or representations related to our products and upon which you rely. You may seek to resolve any customer concerns through our Support services at 800-861-5144 or send the written description by U.S. Mail to; 3959 Van Dyke Rd, Suite 216, Lutz, FL 33558 Attn: General Counsel. You agree to negotiate with us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 30 days after our receipt of your written dispute, you agree to the dispute resolution provisions below.
By using this site in any way, you unconditionally consent and agree that you agree that you are required to resolve any claim that you may have against the site or our services on an individual basis in arbitration. You and we agree that any disputes between us (including any disputes between you and a third-party agent of the company) will be resolved through binding and final arbitration and not in a court, except that you may assert claims in small claims court if your claims qualify. This includes, but is not limited to any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against company and/or its parent, subsidiaries, affiliates and each of their respective officers, directors and employees (all such individuals and entities collectively referred to herein as the “company entities”) arising out of, relating to, or connected in any way with the site or the determination of the scope or applicability of this agreement to arbitrate. Such dispute will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a sole arbitrator in accordance with Consumer Arbitration rules. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Agape Diamonds.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an arbitrator can award on an individual basis the same damages and relief as would be available in court, and must enforce the same limitations stated in these Terms as a court would.
Notwithstanding the foregoing, either party may bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyright rights, trademarks, trade secrets, patents or other intellectual property rights
The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules then in effect. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The rules are available at this link https://adr.org/sites/default/files/Consumer%20Rules.pdf.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Florida , without regard to its conflict of laws provisions.
To begin an arbitration proceeding, after satisfying the condition precedent identified above, you must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of your claims, and (b) the nature and basis of the relief sought, including a detailed calculation to: 3959 Van Dyke Rd, Suite 216, Lutz, FL 33558 Attn: General Counsel, and (2) contact AAA and follow the appropriate procedures with AAA to commence the arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA Consumer Rules then in effect.
The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator. This section will not apply in California.
The arbitration may be conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location as set forth in the AAA rules. If requested, you shall personally appear (with your counsel if you have one) at an initial telephone conference with a case manager before an arbitrator is appointed.
Unless you and we agree otherwise in writing, in the event that any provision of this section is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Hillsborough County, Florida. You and we will submit to the personal jurisdiction of the courts located within Hillsborough County, Florida for the purpose of litigating all such claims or disputes.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. Judgment on the award may be entered in any court having competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. An arbitrator’s decision shall be final and binding on all parties.
With the exception of disclosures to affiliates and legal counsel, all negotiations and arbitration proceedings related to a dispute (including a settlement, award, or the documents and briefs exchanged or produced during arbitration) are confidential and may not be disclosed by the parties except to the extent necessary for interim measures or conservatory relief, the enforcement of an arbitration award, or as required by law.
Class Action Waiver
You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and we each agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Opt-Out Procedure Applicable To All Consumers
You can decline this agreement to arbitrate by emailing us at [email protected] and providing the requested information as follows: (1) Your Name; (2) the URL of the Terms; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept these Terms.
- If any portion of these Terms are found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the Site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.