LEGAL AND PRIVACY STATEMENT
Terms and Conditions: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
The operations, businesses and properties described in this website are owned and operated by Diamonds & Doggies, LLC or by various affiliates and subsidiaries of Diamonds & Doggies. When referring to these entities, the terms “Diamonds & Doggies”, “company”, “we”, “our” and “its” are used only for convenience and are not intended to be an accurate description of ownership, operation or corporate/legal relationships.
TERMS: By entering and/or using this and other websites owned, operated and maintained by Diamonds & Doggies or its affiliates, you, the user, are deemed to have agreed to comply with and be bound by the Terms. Diamonds & Doggies reserves the right to modify them at any time and without actual notice to you. You should check these Terms periodically for changes. All such changes to these Terms (including Terms applicable to websites of our affiliates) will appear on this website. By entering and/or using this website following any modifications to the Terms, you agree to be bound by any such modifications to the Terms. YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEBSITE IF, AT ANY TIME, YOU DO NOT AGREE TO THESE TERMS.
PRICING OF PRODUCTS AND SERVICES: Product and services offered by Diamonds & Doggies may change at any time without notice.
Diamonds & Doggies, operates this website (the “website”) as a service to the general public, subject to the following terms and conditions of use and all modifications thereto, in addition to guidelines that may be published from time to time by Diamonds & Doggies. (“Terms”)
PURPOSE OF THIS WEBSITE: THE SOLE PURPOSE OF THIS WEBSITE IS FOR PROVIDING GENERAL INFORMATION TO THE PUBLIC. ADDITIONALLY, THIS WEBSITE IS TO BE USED FOR BUSINESS PURPOSES ONLY. ANY COMMUNICATIONS OR INQUIRIES THROUGH THIS WEBSITE, CONTACT FORM OR CONTACT INFORMATION THROUGH THIS WEBSITE IS STRICTLY LIMITED TO BUSINESS COMMUNICATIONS WITH DIAMONDS & DOGGIES.
OFFERINGS: NOTHING ON THIS WEBSITE CONSTITUTES ANY ACTUAL OFFERING OF ANY KIND. THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY.
INTELLECTUAL PROPERTY RIGHTS: 1. As between Diamonds & Doggies and you, Diamonds & Doggies is the sole owner of all content on the website including, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights (including, but not limited to, selections, collections, compilations and arrangements) and other intellectual property rights thereto. Except as otherwise provided in these Terms, you may not download or save a copy of the website or any portion thereof, for any purpose whatsoever ever. All title and intellectual property rights in and to the content of the Linked Sites (as defined below) are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. 2. Copyright Agent for Copyright Infringement Claims (Digital Millennium Copyright Act): The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is the Diamonds & Doggies Webmaster.
RESTRICTIONS ON USE OF MATERIAL OR LINKING TO THIS SITE: 1. The content on this website is intended solely for informational purposes only. These Web pages or any portions thereof may not be framed, reproduced or redistributed for commercial or personal gain or any other purpose what so ever. Except as expressly permitted, you may not modify, copy, publish, display, transmit, adapt, create derivative works from or in any way exploit the content of the website for any reason whatsoever. Only if you obtain prior written consent from us – and from all other entities with an interest in the relevant intellectual property – may you publish, copy, display or commercially exploit any material from the website. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the website. Moreover, any Diamonds & Doggies, affiliate or third-party corporate names and logos may not be altered or used without specific, prior written permission. If you choose to link to Diamonds & Doggies through any mechanism, you are permitted to link only through a plain-text link to this Web page. For any other type of link to the website, you must first request Diamonds & Doggies to grant permission for such type. Diamonds & Doggies may grant such permission in its sole discretion. You are not permitted to use any link other than a plain-text link or to link to any other Diamonds & Doggies Web pages without obtaining our prior written consent or authorization. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link and to require termination of any such link to the Diamonds & Doggies website, at our sole discretion, at any time. Any unauthorized deep linking to our websites shall operate to void any and all rights permitted under this agreement and may subject you to legal action and liability under all applicable laws. 2. To seek our permission, please contact Diamonds & Doggies Webmaster.
DISCLAIMER OF WARRANTIES: DIAMONDS & DOGGIES PROVIDES THE INFORMATION ON DIAMONDS & DOGGIES WEBSITES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, DIAMONDS & DOGGIES SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE CONTENT OF THE WEBSITE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORD, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORD WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR ANY OTHER CAUSE OF ACTION. DIAMONDS & DOGGIES DOES NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES OR (2) THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DIAMONDS & DOGGIES BE LIABLE TO ANY PARTY FOR: (i) ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS PROFITS, LOSS OF PROGRAMS OR LOSS OF INFORMATION) OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON OR INABILITY TO USE THE MATERIALS IN THIS WEBSITE OR ANY OTHER DIAMONDS & DOGGIES WEBSITE, EVEN IF DIAMONDS & DOGGIES OR A DIAMONDS & DOGGIES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN OR DESTRUCTIVE PROPERTIES OF THE WEBSITE. IN NO EVENT SHALL DIAMONDS & DOGGIES TOTAL LIABILITY TO YOU HEREIN, FOR ANY CLAIM OR ACTION ARISING FROM USE OF THE WEBSITE (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH STATES OR JURISDICTIONS, DIAMONDS & DOGGIES LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
APPLICABLE LAWS/JURISDICTION: 1. By accessing or visiting our websites, you expressly agree that the laws of the State of Pennsylvania, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the website may be subject to other local, state, national and international laws. You expressly agree that exclusive jurisdiction for any claim, dispute or cause of action with Diamonds & Doggies or relating in any way to your use of the website, resides in the courts of the State of Pennsylvania, with venue residing solely in the United States District Court of Pennsylvania or a similar Pennsylvania court. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Pennsylvania in connection with any such dispute and including any claim involving Diamonds & Doggies or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. 2. By accessing or visiting our websites, you expressly waive any and all rights, including those related to privacy, to the extent such rights are different and/or in conflict with those rights protected by federal or Pennsylvania laws. We control and operate this website from our offices in the state of Pennsylvania in the United States of America. We do not represent that materials on the website are appropriate or available for use in other locations. Persons who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Except as specifically noted above, no right or license is granted to you under any copyright, patent, trademark or other intellectual property law to use, copy, reproduce, retransmit, display or create derivative works from materials, logos and content contained within this website for any reason what so ever.
FORWARD-LOOKING STATEMENTS: 1. Various pages on this website may contain certain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, which are intended to be covered by the safe harbors created thereby. Words such as “expects”, “intends”, “plans”, “projects”, “believes”, “estimates” and similar expressions are used to identify such forward-looking statements. In addition, certain presentations available for viewing were created as of the dates indicated on such presentations and Diamonds & Doggies, expressly disclaims any responsibility for updating such presentations. 2. Forward-looking statements relating to Diamonds & Doggies operations are based on management’s expectations, estimates and projections about Diamonds & Doggies and the renewable energy and petroleum industries in effect on the date the statements were made. These statements are not guarantees of any future performance and involve certain risks, uncertainties and assumptions that are difficult to predict. Further, certain forward-looking statements are based upon assumptions as to future events that may not prove to be accurate. Therefore, actual outcomes and results may differ materially from what is expressed or forecast in such forward-looking statements, due to a variety of factors, including the economic, business, competitive and regulatory factors affecting our business.
PRIVACY PLEDGE: Diamonds & Doggies is committed to honoring the privacy and security of visitors to websites owned and operated by Diamonds & Doggies or its affiliates. We collect information to process your transactions and to help us provide a better level of service. We do not sell your information to anyone. We strive to protect the security and confidentiality of the information we collect. We urge you to read the following sections.
PERSONALLY IDENTIFIABLE INFORMATION: 1. When you submit a request or electronically pass information to Diamonds & Doggies (including, but not limited to, completing retail employment applications and credit card applications or a request for opportunities), you are sometimes asked to provide certain information, including, but not limited to, your name, address, date of birth and email address. In various “contacts” pages, we may ask for personally identifiable information in order to facilitate your requests, provide personalized service and communicate separately with you. We do not sell, trade or rent your personally identifiable information with any third parties outside of Diamonds & Doggies. However, we may provide your personally identifiable information to a third party that provides services to Diamonds & Doggies, its affiliates or subsidiaries. 2. Because we rely on third-party commercial software and programs to operate our servers, we may inadvertently collect personal information due to certain automatic functions or features contained in such software or due to certain software changes or upgrades. We will use reasonable efforts to remove any such information after we discover such information in our system.
INTERNET PROTOCOL ADDRESS: We may use your Internet Protocol (IP) address to help diagnose problems with our server and to administer the website. Your Internet Protocol address is used to help identify you for the duration of a session and to gather broad demographic information. This information will not be sold to any third party.
CLICK STREAM DATA: As you browse the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes called “click stream” data, can be collected and stored by a website’s server. Click stream data can tell us the type of computer and browsing software you use, the address of the website from which you linked to the website. We may use click stream data to determine how much time visitors spend on each page of the website and how they navigate through the website. We will only use this information to improve the website. Any collection or use of click stream data will be anonymous and aggregate and will not contain any personally identifiable information.
CONSENT TO PROCESSING: By providing any information to the website, all users fully understand and unambiguously consent to the collection and processing of such information in the United States.
LEGAL DISCLOSURE: Diamonds & Doggies shall, pursuant to valid legal process, such as a search warrant, subpoena or court order, allow access to information, including personally identifiable information, provided to the website in order to comply with such process and to protect its rights and property.
LINKED SITES: The website may contain links to other sites. Other sites may also reference or link to the website. Diamonds & Doggies is not responsible for the privacy practices or the content of such other sites.
PARENTAL CONSENT: Our website may contain pages that are of interest to children for educational or informational purposes under the age of 18, but we do not seek through this site to gather any personal information specifically from or about children under 18. Because our software does not automatically distinguish visitors under 18 from other visitors, Diamonds & Doggies requires users younger than 18 years of age to obtain the consent of a parent, guardian, teacher or librarian to view the website. You agree to abide by such restrictions and not to help anyone avoid these restrictions.
CHILDREN: The website is not directed nor targeted to children. Diamonds & Doggies will not knowingly collect information from children. Because our software does not automatically distinguish visitors younger than 18 from other visitors, Diamonds & Doggies requires users younger than 18 years of age to obtain the consent of a parent, guardian, teacher or librarian to view the website. If Diamonds & Doggies learns that a child has provided personally identifiable information to the website, it will use reasonable efforts to remove such information from its files.