Terms & Conditions
Effective Date: July 8, 2026
These Terms and Conditions ("Agreement") are a binding legal agreement between you ("you" or "User") and D.W. Diamonds Inc., doing business as Daniel William Diamonds ("Daniel William Diamonds," "we," "us," or "our").
IMPORTANT — PLEASE READ SECTION 23 CAREFULLY. Section 23 contains a binding arbitration agreement and class action waiver that affects how disputes between you and Daniel William Diamonds are resolved. It requires most disputes to be resolved through individual arbitration rather than in court, and it limits your ability to bring or participate in a class action. You have the right to opt out of the arbitration agreement within 30 days of first becoming subject to it — see Section 23.7 for instructions.
By accessing or using DanielWilliamDiamonds.com (the "Site"), creating an account, or placing an order or completing a purchase with us through any channel — including through the Site, by phone or email, in person, or by paying an invoice we send you — or otherwise using any service we offer (collectively, the "Services"), you agree to be bound by this Agreement. Your use of the Services is also governed by our Privacy Policy, available at https://www.danielwilliamdiamonds.com/privacy-policy, which describes how we collect, use, and share information about you and is incorporated into this Agreement by reference. If this Agreement and the Privacy Policy conflict with respect to the collection, use, or disclosure of information, the Privacy Policy controls. If you do not agree, you may not use the Services.
1. Eligibility and Accounts
The Services are intended for users who are at least eighteen (18) years of age; a minor may use the Services only under the supervision of a parent or legal guardian, and only a person of legal age to form a binding contract in their jurisdiction may create an account or place an order. If you create an account, you agree to provide accurate and current information, keep your login credentials confidential, notify us promptly of any unauthorized use of your account, and take responsibility for all activity that occurs under your account. We may suspend or terminate accounts that contain false information or that we reasonably believe are being misused.
2. How Our Services Work
Daniel William Diamonds offers jewelry, including diamonds and other gemstone products, through two channels: (a) items held in our own inventory, which we sell and ship directly, and (b) items sourced on your behalf from third-party jewelers, wholesalers, and jewelry merchants that we work with ("Partner Sellers"). Each product listing on the Site indicates, or will indicate upon request, whether an item is held in our inventory or will be sourced from a Partner Seller. For sourced items, placing an order authorizes us to purchase the item on your behalf once we confirm your order and payment.
Except where this Agreement expressly distinguishes between the two, the provisions of this Agreement — including those addressing returns, product information, warranties, and liability — apply equally to items held in our inventory and items sourced through a Partner Seller.
3. Orders
Placing an order through the Site is an offer to purchase, which we may accept or decline. We may decline or cancel any order, including where: pricing or product information contains an error; we suspect fraud or unauthorized use of a payment method; the item is no longer available; or fulfillment is disrupted by supply chain issues, tariffs, or similar circumstances outside our control. We may also require additional identity, payment, or compliance verification — including information needed to satisfy sanctions, export-control, or anti-money-laundering obligations that apply to dealers in precious metals and stones — before accepting or fulfilling an order, and we may decline or cancel an order if we cannot complete that verification. If we cancel an order after payment, we will issue a full refund of amounts paid for that order. An order confirmation email does not guarantee that we will fulfill your order.
Cancellations by You. You may cancel an order free of charge within twenty-four (24) hours of placing it by contacting us at [email protected] or 1-877-296-4065. After that window, your order will already be in progress, and a cancellation request must instead be handled through the return process in Section 6 once the item is delivered, subject to that section's conditions and exclusions. A custom design order may be cancelled at any time before production begins for a full refund; once production begins — which happens only after you provide the written acknowledgment described in Section 6 — the order is final sale and can no longer be cancelled or returned.
4. Pricing and Payment
All prices on the Site are listed in U.S. Dollars unless otherwise stated. We accept payment by the methods indicated at checkout, which may include credit or debit card, PayPal, Zelle, wire transfer, or third-party financing. We may also issue a direct invoice for a purchase, payable by credit or debit card or PayPal, or — for invoices we send by email — by bank wire or Zelle; paying an invoice constitutes your acceptance of this Agreement, and the purchase is subject to it. By submitting payment information, you represent that you are authorized to use the payment method provided. Prices, availability, and product specifications are subject to change without notice, and we may correct pricing errors even after an order has been placed, in which case we will contact you before proceeding. If you choose wire transfer or Zelle, funds must be received and verified before your order is processed, which may take up to two business days. Your use of any third-party payment processor, financing provider, or platform (such as PayPal, Zelle, a card network, or a buy-now-pay-later provider) is also governed by that provider's own terms, and we are not responsible for fees, delays, or disputes arising from that provider's services.
Taxes and Duties. Prices on the Site do not include taxes. We currently collect sales tax on orders shipped to addresses in the State of California, as required by law; if applicable law requires us to collect tax in other jurisdictions, we will do so, and any tax due will be shown at checkout or added to your order total. For orders shipped outside the United States, you are responsible for all import duties, tariffs, customs fees, brokerage charges, and taxes imposed by the destination country. These charges vary by country, may change without notice, are not included in our prices or shipping charges, and are typically collected from you by the carrier or the destination country's customs authority.
Payment Security. We will never email or text you to tell you that our payment details, Zelle information, or wire transfer instructions have changed. If you receive a communication directing you to send payment to new or different account details — even one that appears to come from us — do not send funds. Verify the instructions first by calling us at the phone number listed on the Site. We are not responsible for funds you send to an account other than one we have confirmed to you through a verified channel.
Chargebacks. If you believe a charge is incorrect or unauthorized, you agree to contact us first at [email protected] and give us a reasonable opportunity to resolve the issue before initiating a chargeback or payment dispute with your bank or card issuer. We reserve the right to contest any chargeback we reasonably believe is invalid, including by providing the issuer with transaction records, delivery and signature confirmation, and related communications. If a chargeback is resolved in our favor or is shown to have been fraudulent or brought in bad faith, we may recover the disputed amount and our reasonable costs of responding, and we may suspend or close your account and decline future orders. Nothing in this paragraph limits any rights you may have under applicable law or your agreement with your card issuer.
If you find the identical certified loose diamond — verified by the same GIA or IGI grading report number — publicly listed at a lower price by a qualifying U.S.-based diamond retailer, we will match that price on your purchase through the Site. Price match requests must be submitted to us, and verified by us, before you complete your purchase; contact us at [email protected] or 1-877-296-4065 with a link to the competing listing and the diamond's grading report number. The competing offer must be for the identical stone (not a comparable or similar one), in stock and available for purchase at the advertised price, published in U.S. dollars, available to the general public, and still in effect at the time we verify your request. Qualifying purchases may be completed by credit card, debit card, PayPal, Affirm, Zelle, or bank wire.
The Price Match Guarantee does not apply to: prices from auction sites, pawn shops, private sellers, or retailers based outside the United States; member-only pricing, loyalty program offers, or any discount not available to the general public; rebates, gift certificates, or bundled offers such as buy-one-get-one promotions; limited-time or limited-quantity sales (such as Black Friday or Cyber Monday), clearance, liquidation, or going-out-of-business sales; expired offers; or prices resulting from a pricing or typographical error, whether the competitor's or our own. We reserve the right to verify all information regarding a competing offer, to decline a request if we are unable to satisfactorily verify the competing price, and to deny requests, modify these terms, or discontinue the Price Match Guarantee at any time.
Diamonds purchased at a matched price are final sale and are not eligible for return or exchange under Section 6. Full, current details of the program are available at https://www.danielwilliamdiamonds.com/diamond-price-matching (the "Price Match Page"), which is incorporated into this Agreement by reference; the version in effect on the date of your purchase governs. If this Section 4A conflicts with the Price Match Page, the Price Match Page controls.
5. Shipping
We ship to the address you provide at checkout, and we deliver to physical home and business addresses only — we cannot ship to P.O. boxes. If you would like delivery to an address other than your billing address, we may require that the alternate address be registered with your payment card issuer before we ship, so that the address can be verified. Shipping on U.S. orders is complimentary, and delivery dates are estimates only. All shipments are fully insured in transit to you, and an adult signature is required upon delivery for every order — the carrier will not release a package without one, even if a signature waiver is on file. Title and risk of loss pass to you upon delivery, regardless of whether an item is shipped from our own inventory or sourced through a Partner Seller.
Shipments You Send to Us. When you ship an item to us for any reason — including a return under Section 6 or a resizing, repair, or warranty claim under Section 7A — you bear all risk of loss, theft, or damage to the item until the package is delivered to us and signed for by our personnel. We are not responsible for, and have no obligation with respect to, any item that is lost, stolen, or damaged before we have signed for it. We strongly recommend shipping through a fully insured, trackable method that requires signature confirmation, and retaining your receipt and tracking information. This paragraph applies even if we provide you with a shipping label or shipping instructions, unless we expressly agree otherwise in writing or except as described under "Damaged or Incorrect Items" in Section 6.
Shipping Policy. Full, current details of our shipping methods, timelines, and charges — including international shipping charges, Saturday delivery, and service charges for reroute, alternate-address, or hold-for-pickup requests — are available at https://www.danielwilliamdiamonds.com/worldwide-shipping (the "Shipping Policy"), which is incorporated into this Agreement by reference; the version in effect on the date of your purchase governs. If this Section 5 conflicts with the Shipping Policy regarding shipping methods, timelines, or charges, the Shipping Policy controls.
6. Returns, Refunds, and Exchanges
You may return most items for a refund or exchange, provided the item is in its original, unworn condition, has not been resized, engraved, or otherwise altered, is free of scratches, damage, or other signs of wear, and is returned with any original packaging and documentation that came with your order, and provided we receive the returned item at our offices within thirty (30) days of the date you received it. This 30-day window is measured by our receipt of the item, not by when you ship it back to us — please allow enough time for return transit, as an item that arrives after the 30-day window has closed is not eligible for return regardless of when it was shipped. If your order included a grading report or certificate, that document must be included with your return; if it is not, we will deduct $250 from your refund. Because a resized item is an altered item, using the complimentary resizing described in Section 7A ends an item's return eligibility.
Starting a Return. To start a return, contact us at [email protected] or 1-877-296-4065 to obtain a Return Merchandise Authorization (RMA) number — every return requires one. Returns received without a valid RMA number, improperly packaged, or after the 30-day window has closed may be refused, and ineligible items will be shipped back to you at your expense. You are responsible for the cost of shipping a returned item to us, except as described under "Damaged or Incorrect Items" below.
Return and Exchange Limits. Returns and exchanges are limited to one item per customer or household in any 365-day period, and only one item per order may be returned. We reserve the right to decline a return, or to flag an account for review, where we reasonably believe returns are being used for comparison shopping (for example, ordering multiple similar items with the intent to return all but one).
Final Sale Items. The following cannot be returned or exchanged: (a) custom design orders — pieces produced to your specific design requirements rather than selected from our existing catalog, including a custom setting or design, a non-catalog stone selection or shape, custom sizing or engraving completed as part of the original build, and the center stone itself — which are final sale once production begins; (b) engraved rings, once engraving is complete; (c) diamond eternity bands, which also cannot be resized (if a different size is needed, we will produce a new ring at additional cost); (d) custom contour wedding bands; and (e) diamonds purchased at a matched price under the Price Match Guarantee in Section 4A. Before we begin production on a custom design order, we will confirm these final-sale terms with you in writing, and production will begin only after you have acknowledged that confirmation. Custom design orders require payment in full before production begins; if you cancel before production begins, we will refund your payment in full.
Damaged or Incorrect Items. Please inspect your order upon delivery. If your order arrives damaged, opened, tampered with, or different from what you ordered, contact us within seven (7) days of delivery at [email protected] or 1-877-296-4065, and we will repair or replace the item at our expense, including shipping costs. This remedy is separate from the standard return process and applies even to items that are otherwise final sale. Notwithstanding Section 5, when we arrange or pay for shipping under this paragraph, we bear the risk of loss in transit for that shipment.
Return Policy. Our full Return Policy, posted on the Site at https://www.danielwilliamdiamonds.com/30-day-returns (the "Return Policy"), is incorporated into this Agreement by reference. The version of the Return Policy in effect on the date of your purchase governs returns and exchanges for that purchase, unless a later version provides you greater rights, in which case the later version applies. If this Section 6 conflicts with the Return Policy regarding return or exchange eligibility, procedures, or timing, the Return Policy controls.
Except as described in this section or in the Return Policy, any fees or charges billed separately from the item price — for example, shipping or service fees, where applicable — are non-refundable.
7. Product Information, Grading Reports, and Certifications
We make reasonable efforts to accurately describe our jewelry, including specifications such as cut, color, clarity, and carat weight. Where a diamond includes a grading report from an independent laboratory (such as GIA or IGI), that report is prepared by the issuing laboratory, and we do not independently verify or guarantee its accuracy. Any commentary, pricing guidance, or opinions we provide about a stone are meant to help inform your decision and are not a substitute for your own independent judgment or an independent appraisal. Actual color and appearance may vary from images shown on the Site due to differences in display hardware and lighting.
Each diamond listing on the Site identifies whether the stone is natural or laboratory-grown. Unless otherwise stated in the listing, accent and side stones on an engagement ring, and the stones on a matching band, are laboratory-grown when the center stone is laboratory-grown and natural when the center stone is natural. If the information in a product listing conflicts with the stone's independent grading report, the grading report controls; we encourage you to review the report before purchase, and we will correct listing errors that we identify or that are brought to our attention. If an item you receive does not match its listing or grading report, the remedy described under "Damaged or Incorrect Items" in Section 6 applies.
We offer a limited lifetime warranty against manufacturing defects on jewelry we sell. If you believe your item has a manufacturing defect, contact us to arrange an inspection. If our jewelers confirm a manufacturing defect, we will repair the item at no charge. If the issue results from normal wear and tear rather than a manufacturing defect, we will provide a repair quote for your approval, and no work will be performed on your item without your authorization.
This warranty does not cover: normal wear and tear, including scratches, dents, worn or bent prongs, and discoloration from exposure to chemicals or daily wear; loss or theft of your item or its stones (other than complimentary replacement of accent diamonds under 0.05 carats, described below); or damage caused by accident, misuse, or improper care. Any repair, resizing, alteration, or modification performed by anyone other than Daniel William Diamonds voids this warranty in its entirety. Because no warranty covers loss, theft, or accidental damage, we strongly recommend insuring your jewelry; see Section 11.
We also offer one complimentary ring resizing within the first 90 days of purchase, limited to two sizes larger or smaller than the original size. Resizing outside the 90-day window is available at an additional charge, which varies with the market price of gold or platinum at the time. Eternity bands cannot be resized and instead require production of a new ring at additional cost.
We also offer the following maintenance services free of charge up to twice a year: professional cleaning, re-polishing and rhodium re-plating, prong inspection and tightening, and replacement of accent diamonds under 0.05 carats.
You are responsible for shipping costs to send an item to us for a return under Section 6, a ring resizing, or a warranty, repair, or maintenance service under this Section 7A, as well as the cost of shipping the item back to you after a resizing, repair, or service is completed, except as described under "Damaged or Incorrect Items" in Section 6. While an item is in our possession for a resizing, repair, or maintenance service, it is insured while in our care.
Full, current details of our warranty and repair services are available at https://www.danielwilliamdiamonds.com/lifetime-warranty (the "Warranty Page"), which is incorporated into this Agreement by reference. We may update the Warranty Page from time to time; the version in effect on the date of your purchase will govern your item, unless a later version provides greater coverage, in which case the later version applies. If this Section 7A conflicts with the Warranty Page regarding warranty coverage, exclusions, or service terms, the Warranty Page controls.
We may provide a retail replacement value appraisal with items we sell or upon request. An appraisal states the appraiser's opinion of the cost to replace the item with one of comparable materials and workmanship as of the appraisal date, and is provided solely for insurance replacement purposes — it is not a statement of resale, liquidation, estate, or tax value, and it is not an offer by us to purchase, replace, or exchange the item at the stated value or any other price. Replacement value is generally higher than what an item would bring in a private sale or on the secondary market. Stated values exclude taxes, may vary from one qualified appraiser to another, and speak only as of the appraisal date; where an item is accompanied by an independent laboratory grading report, the report governs the item's stated grading characteristics. We do not guarantee that any insurer will accept an appraisal, agree to insure an item, or insure it at the stated value — coverage terms are determined solely by your insurer (see Section 11).
Each appraisal we issue is subject to our Appraisal Terms & Conditions, which accompany the appraisal and are incorporated into this Agreement by reference; the version provided with your appraisal governs that appraisal, and if this Section 7B conflicts with the Appraisal Terms, the Appraisal Terms control with respect to appraisals. Appraisals are part of the Services, and any Dispute arising out of or relating to an appraisal is subject to Section 23, including its arbitration agreement and class action waiver.
8. Order Cancellations by Us
In addition to Section 3, we may delay or cancel an order — and will refund any amount paid — if an item becomes unavailable, if market conditions (including tariffs or trade restrictions) prevent us from fulfilling the order at the listed price, or for other reasons at our discretion. We will notify you if this happens.
9. Promotions and Discount Codes
We may offer promotional codes or discounts from time to time, subject to any additional terms disclosed with the specific promotion. Unless stated otherwise, promotional codes are limited to one use per customer, are non-transferable and not redeemable for cash, may be corrected or withdrawn at our discretion if issued in error, may be disabled at any time, and may expire.
10. Financing
If we offer installment or financing options through a third-party financing provider, your use of financing is subject to that provider's own approval process and terms, which are separate from this Agreement. Financing providers are independent of Daniel William Diamonds, and we are not responsible for their decisions, terms, or services.
11. Insurance
We are not a licensed insurance provider. We encourage you to insure jewelry you purchase, and we may help connect you with third-party insurance providers as a convenience. Any compensation we receive for such a referral is a referral fee, not an insurance commission, and does not affect the price you pay for insurance.
12. Acceptable Use
You agree not to use the Services to: violate any law; infringe another party's intellectual property or other rights; harass, defame, or impersonate any person; post or transmit unlawful, deceptive, or objectionable content; interfere with or attempt to disrupt the Services, including through hacking, scraping, or introducing malicious code; or attempt to circumvent any security or access restriction on the Site.
13. User-Submitted Content
If we allow you to submit reviews, comments, or other content ("User Content"), you retain ownership of it, but you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute that content in connection with operating and promoting the Services. You are solely responsible for your User Content and represent that you have the rights necessary to submit it and that it does not violate this Agreement or any law. We may, but are not obligated to, monitor or remove User Content at our discretion.
14. Feedback
If you send us ideas, suggestions, or feedback about our Services, you agree that we may use them freely and without any obligation or compensation to you.
15. Intellectual Property
Other than User Content, all content on the Site — including text, graphics, logos, and software — is owned by Daniel William Diamonds or our licensors and is protected by copyright, trademark, and other intellectual property laws. We grant you a limited, revocable, non-transferable license to access and use the Site for your own personal, non-commercial use. You may not copy, reproduce, scrape, reverse engineer, or create derivative works from the Site or its content, except as this Agreement expressly permits.
16. Third-Party Links
The Site may link to third-party websites or services that we do not control. We are not responsible for the content, policies, or practices of any third-party site, and your use of any third-party site is at your own risk and subject to that site's own terms.
17. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ANY PRODUCTS SOLD THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIS DISCLAIMER DOES NOT LIMIT OUR RETURN POLICY UNDER SECTION 6 OR THE WARRANTY DESCRIBED IN SECTION 7A. WHERE WE PROVIDE A WRITTEN WARRANTY, ANY IMPLIED WARRANTIES THAT CANNOT LAWFULLY BE DISCLAIMED ARE LIMITED IN DURATION TO THE DURATION OF THAT WRITTEN WARRANTY, TO THE EXTENT PERMITTED BY LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT FULLY APPLY TO YOU.
18. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, DANIEL WILLIAM DIAMONDS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, OR DATA, ARISING FROM YOUR USE OF THE SERVICES. AS YOUR SOLE AND EXCLUSIVE REMEDY, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE PRODUCT OR ORDER GIVING RISE TO THE CLAIM. IF THE CLAIM DOES NOT RELATE TO A SPECIFIC PRODUCT OR ORDER, OUR TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE SIX MONTHS BEFORE THE CLAIM AROSE, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT MADE A PAYMENT TO US IN THAT PERIOD. SOME STATES DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT FULLY APPLY TO YOU.
19. Indemnification
You agree to defend, indemnify, and hold harmless Daniel William Diamonds and our officers, employees, and agents from any claims, damages, and expenses (including reasonable attorneys' fees) arising from your breach of this Agreement, your misuse of the Services, or your violation of any law or third party's rights. This obligation does not apply to the extent a claim results from our own fraud or willful misconduct.
20. Copyright Infringement Claims
If you believe content on the Site infringes your copyright, send a notice to our copyright agent that includes: a signature of the rights holder or authorized representative; identification of the copyrighted work; identification of the allegedly infringing material and its location on the Site; your contact information; a statement of good-faith belief that the use is unauthorized; and a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act. Send notices to: [COPYRIGHT AGENT NAME AND ADDRESS].
21. Termination
We may suspend or terminate your access to the Services at any time, with or without cause or notice. Provisions of this Agreement that by their nature should survive termination — including obligations tied to orders already placed, warranty obligations under Section 7A, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.
22. Governing Law
This Agreement is governed by the laws of the State of California, without regard to its conflict-of-laws principles, and by the Federal Arbitration Act with respect to Section 23.
23. Dispute Resolution and Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
23.1 Agreement to Arbitrate. You and Daniel William Diamonds agree that any dispute, claim, or controversy arising out of or relating in any way to this Agreement, your access to or use of the Services, any purchase made through the Services, or any advertising, marketing, or communications you receive from us (a "Dispute") will be resolved by binding, individual arbitration rather than in court. This includes Disputes based on contract, tort, statute, fraud, or any other legal theory, and Disputes that arose or are based on facts occurring before the effective date of this or any prior version of this Agreement, as well as Disputes that arise after your Account is closed or this Agreement is terminated. This Section 23 survives termination of your relationship with Daniel William Diamonds. The only exceptions are: (a) either party may bring a qualifying claim in small claims court located in Los Angeles County or elsewhere in Southern California with proper jurisdiction, so long as it remains there; and (b) either party may seek injunctive relief in court to stop actual or threatened infringement or misuse of intellectual property (such as trademarks, trade secrets, copyrights, or patents) without first arbitrating.
23.2 Delegation to the Arbitrator., Except as set out below, the arbitrator — not a court — has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or part of it is void or voidable. The following questions are for a court, not the arbitrator, to decide: (a) any dispute about the enforceability of Section 23.4 (Class Action Waiver); (b) any dispute about which version of this arbitration agreement applies; (c) any dispute about whether a party has satisfied a condition precedent to arbitration, including the informal resolution process below; and (d) except as set out in Section 23.9, any dispute about the payment of arbitration fees.
23.3 Informal Resolution Required Before Arbitration. Before filing an arbitration demand or a small claims action, the party bringing a Dispute must send the other party written notice describing the Dispute and the relief sought, and the parties must engage in a good-faith, individualized discussion for at least 45 days in an effort to resolve it. Notice to Daniel William Diamonds should be sent to [email protected] or 631 S. Olive Street #320, Los Angeles, CA 90014 and must include your name, contact information, and a description of the Dispute. This step must happen separately for each Dispute and cannot be combined across multiple people's claims unless all parties agree. Completing this process is a condition precedent to arbitration, and applicable statutes of limitations are tolled while it is ongoing.
23.4 Class Action Waiver. You and Daniel William Diamonds agree that each of us may bring a Dispute only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator has no authority to combine more than one person's Dispute into a single proceeding or to preside over any class, collective, or representative arbitration, except as expressly set out in Section 23.9. If a final, non-appealable court decision determines this Section 23.4 is unenforceable as to a particular claim or request for relief, that claim or request only will be severed from arbitration and may proceed in court, while every other Dispute remains subject to individual arbitration under the rest of this Agreement.
23.5 Waiver of Jury Trial. To the extent a Dispute proceeds in any forum other than arbitration, you and Daniel William Diamonds each knowingly and voluntarily waive any right to a jury trial.
23.6 Rules, Forum, and Governing Law. This Agreement involves interstate commerce, and the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs its interpretation and enforcement notwithstanding the choice-of-law provision in Section 22. Arbitration will be administered by JAMS under its Streamlined Arbitration Rules (for claims under $250,000) or Comprehensive Arbitration Rules (for claims of $250,000 or more), available at jamsadr.com, or by another mutually agreed provider if JAMS is unable to administer it. Arbitration will take place in Los Angeles County, California, before a single arbitrator licensed to practice law and selected under the administering provider's rules.
23.7 30-Day Right to Opt Out. You may opt out of this Section 23 entirely by sending written notice to 631 S. Olive Street #320, Los Angeles, CA 90014 within thirty (30) days of the date you first become subject to it. Your notice must include your name, the email address on your Account (if any), and a clear statement that you wish to opt out. If you opt out, the rest of this Agreement continues to apply, and your opt-out has no effect on any other arbitration agreement you may have with us.
23.8 Requirements for Filing. A party initiating arbitration must deliver a written demand including the claimant's contact information, a statement of the legal claims asserted and their factual basis, the relief sought, a good-faith calculation of the amount in controversy, and confirmation that the process in Section 23.3 has been completed. If the claimant is represented by counsel, counsel must sign the demand, certifying that, after reasonable inquiry, it is not being submitted for an improper purpose such as harassment or unnecessary delay, and that the claims are warranted by existing law or a non-frivolous argument for extending it.
23.9 Fees and Coordinated Claims. Each party ordinarily bears its own attorneys' fees, and arbitration filing and administrative fees are allocated under the administering provider's consumer rules, except that an arbitrator may award fees and costs to either party upon finding a Dispute or defense was frivolous or brought for an improper purpose. If Daniel William Diamonds becomes subject to 25 or more arbitration demands that are filed within the same 60-day period, are asserted by or with the assistance of the same law firm or group of firms, and arise from substantially the same facts or seek substantially similar relief, the parties agree to cooperate in good faith with the administering provider to resolve those claims efficiently, consistent with that provider's applicable rules and this Section 23.9. Efficient resolution may include staged or batched proceedings, a shared factual record, or a single arbitrator deciding legal or factual issues common to multiple claims, provided that: (a) no claimant's individual Dispute will be dismissed, waived, or decided on the merits without that claimant having an individual opportunity to be heard; (b) a ruling on issues common to a batch or stage does not bind a claimant who was not individually a party to that particular proceeding, except to the extent that claimant later agrees to be bound; (c) the applicable statute of limitations is tolled for each Dispute from the date the informal-resolution notice under Section 23.3 is sent until that Dispute is resolved or formally proceeds; and (d) arbitrator selection follows the administering provider's neutral selection procedures. This provision does not authorize class, collective, or representative arbitration under Section 23.4.
23.10 Confidentiality. The parties will keep the existence, content, and outcome of any arbitration confidential, except as necessary to prepare for or conduct the arbitration, to enforce or appeal an award, or as required by law.
23.11 Award and Enforcement. The arbitrator will issue a written decision stating the essential findings and conclusions on which the award is based. The award is final and binding, and judgment on it may be entered in any court of competent jurisdiction.
23.12 Severability and Survival. Other than Section 23.4, if any part of this Section 23 is found invalid or unenforceable, only that part will be severed and the remainder will still apply. A Dispute must be submitted to arbitration within the statute of limitations that would apply in court, or it will be time-barred. This Section 23 survives termination of this Agreement or your relationship with Daniel William Diamonds.
23.13 Changes to This Section. If we make a material change to this Section 23, we will notify you, and you may reject it by writing to 631 S. Olive Street #320, Los Angeles, CA 90014 within 30 days, in which case the version you last agreed to will keep applying to you. A change does not give you a new opportunity to opt out if you did not validly opt out previously.
24. International Users
The Services are operated from the United States. If you access the Services from outside the United States, you are responsible for complying with the laws of your own jurisdiction.
25. General Provisions
Electronic Communications. You consent to receive communications from us electronically, and agree that electronic communications satisfy any legal requirement that a communication be in writing.
Notices. Except where this Agreement specifies a different method, we may give you notices by email to the address associated with your account or order, or by posting on the Site, and such notices are effective when sent or posted. Notices to us should be sent to [email protected] or to 631 S. Olive Street #320, Los Angeles, CA 90014.
Force Majeure. We are not liable for delays or failures caused by events outside our reasonable control, including natural disasters, pandemics or public health emergencies, labor disputes, supply chain disruptions, carrier or customs delays, cyberattacks or other security incidents, acts of war or terrorism, government action or regulation, or utility or telecommunications failures.
Assignment. You may not assign this Agreement without our written consent. We may assign this Agreement in connection with a merger, acquisition, or sale of assets.
Exclusive Venue. To the extent this Agreement permits a party to bring a claim in court rather than through arbitration under Section 23, and except for qualifying small claims actions under Section 23.1(a), that claim will be brought exclusively in the state courts located in Los Angeles County, California, or the U.S. District Court for the Central District of California, and each party consents to the personal jurisdiction and venue of those courts.
Attorneys' Fees. If either party brings an action or proceeding in court to enforce this Agreement, or to resolve a Dispute permitted to proceed in court under Section 23.1(a) or (b), the prevailing party will be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party, in addition to any other relief awarded, except where applicable law limits fee awards in that forum (such as small claims court). This provision does not alter the allocation of fees in arbitration under Section 23.9.
Waiver. The failure of either party to exercise or enforce any right or provision of this Agreement will not operate as a waiver of that right or provision, and a waiver of any breach will not be a waiver of any other or later breach. To be effective, a waiver must be in writing and signed by the party granting it.
Severability. If any provision of this Agreement (other than as described in Section 23.4) is found unenforceable, the remaining provisions will remain in full force and effect.
Entire Agreement. This Agreement, together with any policies it references, is the entire agreement between you and Daniel William Diamonds regarding the Services and supersedes any prior agreements on this subject. You acknowledge that you have not relied on any representation, statement, or promise not expressly contained in this Agreement in deciding to use the Services or complete a purchase.
Changes to This Agreement. We may update this Agreement from time to time. We will post the updated version on the Site, and your continued use of the Services after the update takes effect constitutes acceptance of the changes. Material changes to the arbitration agreement in Section 23 will not apply retroactively to a Dispute that arose before the change unless you agree.
26. Contact Us
Questions about this Agreement can be directed to [email protected] or 631 S. Olive Street #320, Los Angeles, CA 90014.