Terms & Conditions

Limitation Of Liability

IN NO EVENT SHALL PURENILE, ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PURENILE PRODUCTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RESULTING FROM THE USE OF OUR SITE, THE PRODUCTS, THE SERVICES OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE PURENILE SITE, OR THAT RESULTS FROM THE RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM PURENILE, INCLUDING ANY ERROR OR OMISSION REGARDING LISTED DIAMOND ORIGIN, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE PURENILE SITE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PURENILE’S PROGRAMS OR SERVICES, EVEN IF PURENILE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR EVEN IF THE LOSS, DAMAGE OR EXPENSE WAS CAUSED BY PURENILE, ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES OR AGENTS. IN NO EVENT SHALL PURENILE'S LIABILITY BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.

Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. It is your responsibility to check local laws for any restrictions or limitations regarding the exclusions of implied warranties.

Indemnification

By using the Site, you agree to hold harmless, defend and indemnify, PureNile and its associates, employees, third-parties, and contractors from and against any claims for damages, costs, liabilities, expenses, attorney’s fees, etc. that arise or may arise from your use of the Site, our Services, our Products, or any part of any of the foregoing.

Links To Other Sites And Services

Links to other Internet sites and services operated by third parties, including PureNile vendors, do not constitute sponsorship, endorsement, or approval by PureNile of the content, policies, or practices of such linked sites or services. PureNile is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services.

Termination

PureNile maintains and reserves the right and ability to terminate or cancel your license to use the Site and to prevent or prohibit your future access thereof in its sole and absolute discretion without prior notice to you.

Miscellaneous

These Conditions contain the entire understanding of you and PureNile with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and PureNile with respect to the subject matter hereof. The failure of PureNile at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of PureNile to thereafter enforce each and every provision of these Conditions. No waiver by PureNile of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions.

Arbitration

These Conditions and your use of this Site shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity or any dispute, claim or controversy arising out of or relating to these Conditions or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or purchases from the Site thereof, (collectively, “Claims”) shall be resolved by binding arbitration, as described below, instead of in court, except that each party retains the right to bring an individual action in small claims court. You further agree that arbitration must be on an individual basis and that you are hereby waiving your right to join or consolidate Claims in arbitration or arbitrate any claims as a representative or member of a purported class. You acknowledge and agree that you are waiving the right to a trial by jury. This arbitration provision shall survive the termination of these Conditions, as well as any other contractual agreement that you have with the Company.

You acknowledge and agree that, by agreeing to these Conditions, the Federal Arbitration Act (“FAA”) shall govern the interpretation and enforcement of this provision and that any such arbitration must proceed with the American Arbitration Association (“AAA”) or JAMS in San Francisco County, California, before a mutually agreed upon single arbitrator licensed to practice law. It will be conducted in accordance with the then-prevailing Arbitration Rules of the AAA and the arbitrator shall be bound by these Conditions. The arbitrator shall have authority to award or grant legal, equitable, and declaratory relief. Such arbitration shall be final and binding on the parties.

Questions

If you have any questions, please do not hesitate to contact us at 1-323-471-3233.