Terms of Use

Welcome to diamondsabove.com (the "Website"), operated by Diamonds Above ("we," "us," or "our"), a fine jewelry retailer located in Austin, Texas. By accessing or using this Website, you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use this Website.

1. Acceptance of Terms

By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to this page with an updated "Last Updated" date. Your continued use of the Website following any changes constitutes your acceptance of the revised Terms.

2. Use of Website

This Website is provided for informational purposes and to facilitate communication about our jewelry products and services. You agree to use this Website only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Website in any way that violates any applicable federal, state, local, or international law or regulation
• Attempt to gain unauthorized access to any part of the Website, its servers, or any systems or networks connected to the Website
• Use any automated system, including bots, crawlers, or scrapers, to access the Website for any purpose without our express written permission
• Introduce any viruses, malware, or other harmful material to the Website
• Interfere with or disrupt the Website or the servers and networks that host it
• Impersonate or attempt to impersonate Diamonds Above, a Diamonds Above employee, another user, or any other person or entity

3. Consultation and Appointment Booking

Our Website allows you to request consultations and appointments at our Austin showroom. When you submit a consultation request through our Website, please be aware of the following:

• Submitting a consultation request does not guarantee an appointment. All appointments are subject to availability and confirmation by our team.
• We will make reasonable efforts to respond to consultation requests within one business day. Appointments are confirmed only when you receive written confirmation from our staff via email or phone.
• You agree to provide accurate and complete information when booking a consultation, including your name, contact information, and areas of interest.
• We reserve the right to cancel or reschedule appointments with reasonable notice. If you need to cancel or reschedule, please notify us at least 24 hours in advance.
• Consultation appointments are complimentary and carry no obligation to purchase. Our goal is to provide you with expert guidance and an exceptional experience.

4. Product Information and Pricing

We strive to provide accurate descriptions and images of our jewelry and watch collections on this Website. However, product images are for illustrative purposes only, and actual products may vary slightly in appearance due to differences in photography, lighting, screen settings, and the handcrafted nature of fine jewelry. All pricing, product availability, and specifications displayed on this Website are subject to change without notice. Pricing shown on the Website does not constitute a binding offer. Final pricing will be confirmed during your in-store consultation.

5. Intellectual Property

All content on this Website, including but not limited to text, graphics, logos, images, photographs, videos, design elements, page layout, and software, is the property of Diamonds Above or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. The Diamonds Above name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Diamonds Above. You may not use these marks without our prior written permission.

You are granted a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from this Website without our prior written consent, except as follows:

• Your computer may temporarily store copies of materials in RAM incidental to your accessing and viewing those materials
• You may store files that are automatically cached by your web browser for display enhancement purposes
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution

6. User Submissions

Any information, feedback, ideas, suggestions, or other materials you submit through the Website's contact forms, consultation requests, or other communication channels are considered non-confidential and non-proprietary. By submitting such materials, you grant Diamonds Above a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, and display such materials for any purpose, including improving our products and services. You represent that you own or control all rights to any content you submit and that such content does not violate the rights of any third party.

7. Third-Party Links

This Website may contain links to third-party websites or services that are not owned or controlled by Diamonds Above. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Diamonds Above 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 websites.

8. Disclaimer of Warranties

THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIAMONDS ABOVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIAMONDS ABOVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF DIAMONDS ABOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE WEBSITE EXCEED THE AMOUNT YOU PAID TO US, IF ANY, DURING THE SIX MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to defend, indemnify, and hold harmless Diamonds Above, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from your use of the Website, your violation of these Terms, or your violation of any rights of a third party.

11. Governing Law and Jurisdiction

These Terms of Use and any disputes arising out of or related to these Terms or the Website shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or related to these Terms or the Website shall be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction of such courts.

12. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions.

13. Entire Agreement

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and Diamonds Above regarding your use of the Website. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

14. Contact Us

If you have any questions about these Terms of Use or wish to report any violations, please contact us:

Diamonds Above
4101 Guadalupe Street Suite 600
Austin, TX 78751
Email: support@diamondsabove.com
Phone: (512) 206-4156