DIAMOND’S WEBSITES TERMS OF USE

(Effective and last updated July 2013)

 

These Terms and Conditions of Use ("T&Cs") apply to www.diamond-sports.com and www.diamonddugout.com (collectively, "the Websites") operated by Diamond Sports ("DIAMOND"). Please read these T&Cs carefully before using the Websites. By accessing the Websites you consent to these T&Cs and other applicable law. Please do not use the Websites if you do not agree with these T&Cs. DIAMOND reserves the right to alter or modify these T&Cs at any time. You agree to periodically review the T&Cs of these Websites and agree that your continued use of the Website constitutes your consent to the latest modified T&Cs.

 

INTELLECTUAL PROPERTY

COPYRIGHT

All Matter in the Websites is owned by DIAMOND. "Matter" includes, but is not limited to all text, graphics or code herein. Matter is copyrighted as a collective work under copyright laws of the United States. Subject to the limitation and restrictions stated herein, you may view, print and download Matter for personal and non-commercial use only, or to place an order with DIAMOND for the purchase of DIAMOND products. All other uses, including, but not limited to the reproduction, distribution, display or transmission of the Matter is strictly prohibited, unless authorized in writing by DIAMOND.

 

TRADEMARKS

All trademarks, service marks and trade names of DIAMOND used herein (including, but not limited to the DIAMOND word mark, the DIAMOND "D" logo and the DIAMOND "script" logo) are trademarks and/or service marks of DIAMOND and may not be used without the express written permission of DIAMOND. All other intellectual property in the Websites, including, but not limited to patents, issued or pending, is the sole property of DIAMOND, its licensors and/or their respective owners (Trademarks).

 

PRIVACY

DIAMOND takes the privacy of the users of its websites seriously and is committed to its safeguarding. Privacy terms in connection to the Websites are described in our Privacy Policy.

 

PRODUCT ORDERS

DIAMOND reserves the right at any time to change the descriptions, specifications, and/or prices of the products offered on the Websites without notice. DIAMOND does not guarantee that product descriptions, specifications and prices of products are accurate, complete or current at all times. Products may not be available at the time of order. Products are available for delivery to the Continental U.S. only. Products ordered through the Websites are subject to acceptance by DIAMOND at its sole discretion. DIAMOND may refuse to accept or may cancel any product order, whether or not confirmed, for any or no reason, in its sole discretion, and without liability to the purchaser or any third party. If a purchaser’s credit card has been charged for an order that is subsequently cancelled by DIAMOND, DIAMOND shall issue a credit to purchaser’s credit card account.

 

RISK OF LOSS

Risk of loss and title for all products purchased from DIAMOND will pass to you upon DIAMOND’s delivery of such products to its shipping carrier.

 

WARRANTIES& RETURNS

WARRANTIES

Click here to see DIAMOND’s warranty policies.

 

RETURN POLICY FOR CONSUMER ORDERS PLACED ON THE WEBSITES ONLY

All DIAMOND products (except “seconds” or “blems” which are sold on an “as is” basis) are guaranteed against defects in workmanship and/or materials. Merchandise may be returned only with a return authorization (“R/A”) number from DIAMOND. The R/A number must be marked on the packing list and on all returned cartons. Unauthorized returns may be refused and collect shipments may be refused if not preapproved. To receive an R/A please contact customer service:

 

By phone:  800.366.2999

By email:  returns@diamond-sports.com

DIAMOND reserves the right to inspect merchandise and determine whether to repair, replace, refund, apply credit to purchaser’s account or return merchandise “as is” based upon the findings and at DIAMOND’s sole discretion. There are no returns or exchanges allowed on blem, seconds, closeout or discontinued merchandise.

Credit will be issued to your original form of payment for a full refund of the purchase price minus shipping charges. In the event the item has been received damaged, defective or the incorrect item was shipped, shipping charges will be refunded. Items must be returned in new and unused condition, include all parts and accessories and in original vendor packaging.

 

Customers purchasing DIAMOND products via any retailer or third party, including any other website not operated by DIAMOND, must make their return request to the place of purchase and abide by that retailer’s or third party’s return policy.

 

LINKING TO THE WEBSITES

Creating or maintaining any link from another website to any page on the Websites without DIAMOND's prior written permission is prohibited. Running or displaying the Websites or any material displayed on the Websites in frames or through similar means on another website without DIAMOND's prior written permission is prohibited. Any permitted links to the Websites must comply will all applicable laws, rules and regulations.

 

THIRD PARTY LINKS

From time to time, the Websites may contain links to websites that are not owned, operated or controlled by, DIAMOND. All such links are provided solely as a convenience to you. If you use these links, you will leave the Websites. DIAMOND is not responsible for any content, materials or other information located on or accessible from any other website. DIAMOND does not endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from the Websites, you do so entirely at your own risk.

 

INAPPROPRIATE MATERIAL

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that DIAMOND may have at law or in equity, if DIAMOND reasonably determines that you have violated or are likely to violate the foregoing prohibitions, DIAMOND may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from the Websites of the related materials. DIAMOND will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing DIAMOND to disclose the identity of anyone posting such materials.

 

USER INFORMATION

Other than personally identifiable information, which is subject to the Websites’ Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to the Websites in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. DIAMOND may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. DIAMOND may, but is not obligated to, monitor or review any User Communications. DIAMOND shall have no obligations to use, return, review, or respond to any User Communications. DIAMOND will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. DIAMOND retains the right to remove any or all User Communications that includes any material DIAMOND, in its sole discretion deems inappropriate or unacceptable.

 

ADDITIONAL TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Websites, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the Websites or for any service offered on or through the Websites, the latter terms shall control with respect to your use of that portion of the Websites or the specific service.

 

DISCLAIMER OF WARRANTIES

THE WEBSITES AND ANY INFORMATION, CONTENT, OR MATERIALS ON THE WEBSITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DIAMOND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DIAMOND DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES WILL BE UNINTERRUPTED OR WITHOUT ERROR, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVER THAT MAKES THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIAMOND DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. DIAMOND DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITES. YOU ASSUME TOTAL RESPONSIBILITY FOR THE USE OF THE WEBSITES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST DIAMOND FOR DISSATISFACTION WITH THE WEBSITES OR ANY CONTENT IS TO STOP USING THE WEBSITES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

 

LIMITATION OF LIABILITY

DIAMOND WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE WEBSITES OR ANY CONTENT ON THE SITES, INCLUDING, BUT NOT LIMITED TO, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE OR COMPUTER VIRUS. DIAMOND WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THE WEBSITES, EVEN IF THERE IS NEGLIGENCE BY DIAMOND OR IF AN AUTHORIZED REPRESENTATIVE OF DIAMOND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. DIAMOND WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM LINKING TO ANY THIRD-PARTY WEBSITES.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless DIAMOND, its officers, directors, employees, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, arising from or relating in any way to your use of the Websites.

 

MISCELLANEOUS

Your use of the Websites shall be governed by the laws of the State of California, USA, without regard to choice of law provisions. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Websites (including, but not limited to the purchase of DIAMOND products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Orange County, California. Any cause of action or claim you may have with respect to the Websites (including but not limited to the purchase of DIAMOND products) must be commenced within one (1) year after the claim or cause of action arises. By using the Websites, you agree to receive electronic communications from DIAMOND. You agree that any notice, agreement, disclosure or

other communication that DIAMOND sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. DIAMOND's failure to insist upon or enforce strict performance of any provision of these T&Cs shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these T&Cs.

 

Weights and Measurements

All weights and measurements are approximate and subject to normal production tolereances.

 

ADDITIONAL ASSISTANCE

If you do not understand any of the foregoing T&Cs or if you have any questions or comments, we invite you to contact us at the following:

 

Diamond Sports

1880 E. St. Andrew Place

Santa Ana, CA 92705 USA

Phone:  714.415.7600 or 800.366.2999

Fax:  714.415.7601

master@diamond-sports.com or compliance@diamond-sports.com