Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to Use Website
Unless otherwise stated, Diamond Screener and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal or business use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website.
Acceptable Use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Diamond Sceener’s express written consent.
Restricted Access
Access to certain areas of this website is restricted. Diamond Screener reserves the right to restrict access to other areas of this website, or indeed this whole website, at Diamond Screener’s discretion.
If you register a user ID and password to enable you to access restricted areas of this website or other content or services, you agree to provide Diamond Screener with accurate, complete registration information. Your registration must be done using accurate information. Each registration is for your use only.
You must ensure that the password is kept confidential. You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
Diamond Screener may disable your user ID and password at any time in Diamond Screener’s sole discretion with or without notice or explanation.
No Warranties
This website is provided “as is” without any representations or warranties, express or implied. Diamond Screener makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Diamond Screener does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate, up to date, or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. To the maximum extent permitted by applicable law, Diamond Screener excludes all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Limitations of Liability
Diamond Screener will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Diamond Screener has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Diamond Screener’s liability in respect of any:
- death or personal injury caused by Diamond Screener’s negligence;
- fraud or fraudulent misrepresentation on the part of Diamond Screener; or
- matter which it would be illegal or unlawful for Diamond Screener to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
Other Parties
You accept that, as a limited liability entity, Diamond Screener has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Diamond Screener’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Diamond Screener’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Diamond Screener
Unenforceable Provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify Diamond Screener and undertake to keep Diamond Screener indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Diamond Screener to a third party in settlement of a claim or dispute on the advice of Diamond Screener’s legal advisers) incurred or suffered by Diamond Screener arising out of any breach by you of any provision of these terms and conditions.
Breaches of These Terms and Conditions
Without prejudice to Diamond Screener’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Diamond Screener may take such action as Diamond Screener deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
Diamond Screener may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Diamond Screener may transfer, sub-contract or otherwise deal with Diamond Screener’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Governing Law and Jurisdiction
By accessing this website, you agree that all matters relating to your access to and use of this website and/or its products shall be governed by laws of the State of California, U.S.A. (excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction). Further, the parties agree that any claim or cause of action under or relating to this Agreement shall be brought in the state or federal courts located in San Francisco, California, United States.
Entire Agreement
These terms and conditions constitute the entire agreement between you and Diamond Screener in relation to your use of this website, and supersede all previous agreements with respect to your use of this website.