This site in its entirety is owned by Diamond Arrow Boutique, LLC a Pennsylvania Limited Liability Company doing business as “Diamond Arrow Boutique.” Reference to the terms “Diamond Arrow Boutique”, “us”, the “Company” and “we” collectively refer to all the corporate embodiments and affiliations owned by Diamond Arrow Boutique, LLC.
DEFINED SITE TERMS
For purposes of this Agreement, the following terms shall have the meaning ascribed to them as defined below:
“Intellectual Property” means any invention, idea, discovery, concept, trade name, trademark, copyright, patent, right of publicity, mask work or any other material subject to, protected under state, federal, or foreign patent, copyright, trade secret, trademark, rights of publicity, or similar laws.
“Intellectual Property Rights” means, with respect to any data, device, or other asset of any kind, all copyright, patent, trade secret, database, moral, termination, authorship and other proprietary rights relating to any such data, device, object code, source code or other asset including, without limitation, all rights necessary for the worldwide development, manufacture, modification, enhancement, sale, licensing, use, reproduction, publishing and display of such data, device, object code, source code or other asset.
“User” means any person who legally creates an account subject to the rules and conditions of this Agreement and is registered to post content on the Site(s).
“User Account” means a valid legal account created by a User on this Site. Per the present terms and conditions, only one (1) user account may be created per person.
1. SERVICE USE REQUIREMENTS.
A. Age Restrictions. The Services provided by Diamond Arrow Boutique are only available to individuals 18 years or older. However, a legal parent or guardian may establish an account for an individual 18 years or under with the understanding that they will supervise said minor’s use of the services. A legal parent or guardian, who establishes an account for a minor as described above, should remind the minor about the dangers of conversing with strangers or exchanging any personal content.
Diamond Arrow Boutique does not collect, use or disclose personal information from minor children under 18 years of age without verified parental consent.
B. Use Limitations. You agree to use the Services for purposes only permitted by this Agreement, and to the extent permitted only by applicable law or regulation.
C. User Accounts and Devices. Diamond Arrow Boutique reserves the right to limit the number of accounts created from a particular device and the numbers of devices associated with a user account.
D. Service Availability. Diamond Arrow Boutique services and its related features may not be available in all languages and/or all countries. Given this possibility, Diamond Arrow Boutique makes no representation that its services and related features are appropriate or available for use in any specific location. In your election to use and access the services, you do so upon your own initiative and compliance with local laws.
E. Changes to Services. Diamond Arrow Boutique reserves the right to change, modify, or adjust the terms of this Agreement in its sole discretion and at any time. Diamond Arrow Boutique will make best efforts to communicate such changes, modifications, and/or adjustments to the Agreement terms to you. Continued use of the services after changes, modifications, and/or adjustments to this Agreement constitutes your consent to the revised terms. If you do not agree to Diamond Arrow Boutique’s changes, modifications, and/or adjustments to the terms of this Agreement then you can promptly terminate the services.
2. SERVICE FEATURES
A. Merchandise Purchases—(Terms of Sale and Risk of Loss).
Diamond Arrow Boutique’s website(s) allow a registered user the ability to purchase specific merchandise through our online store. We solely determine what merchandise will be sold through our site as well as all pricing discounts, offers, incentives, coupons and coupon codes that we may offer from time to time. For every order you place, you are (i) offering to purchase a product, (ii) representing that you are of legal age to enter and execute a legally binding contract in the United States, and (iii) representing that all information you provide to us in connection with such order is true and accurate including the method of payment(s) and payment instrument. The receipt by you of an order confirmation does not constitute a formal acceptance by Diamond Arrow Boutique. We retain the right to refuse any request to purchase made by you for any reason whatsoever.
Prior to Diamond Arrow Boutique accepting any order, we have right to verify any information you send to us. Diamond Arrow Boutique reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us. In its sole discretion, Diamond Arrow Boutique reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Diamond Arrow Boutique shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, Diamond Arrow Boutique shall credit your account in the amount of the incorrect price.
We make every effort possible to display as accurately as possible the colors of our products that appear on the Web site; however, the actual color you will see will depend on many factors, including the lighting conditions under which the picture was taken and the resolution of your computer monitor, and we cannot guarantee that your computer will accurately display our colors. Descriptions used for colors may be "poetic" and not match exactly what you picture based on the color name. Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed on the Services are quoted in U.S. dollars.
THE RISK OF LOSS AND TITLE FOR PRODUCT(S) PURCHASED BY YOU PASS TO YOU UPON OUR DELIVERY OF THE PRODUCT(S) TO THE CARRIER. We do not offer refunds if you fail to receive a product after we deliver it to the carrier. If you fail to receive a product with 7 business days, please contact us at [email protected].
3. INTERNATIONAL ORDERS
Diamond Arrow Boutique does not sell its products outside the United States.
4. ACCOUNT REGISTRATION
In order to fully enjoy the Diamond Arrow Boutique services you must become a registered user by establishing a valid Account. You agree and acknowledge that you will take precautionary measures to secure your Account and its confidentiality. In the event your confidentiality measures are breached or compromised, you agree to notify Diamond Arrow Boutique immediately. Although Diamond Arrow Boutique will exercise reasonable care with respect to our security protocols, Diamond Arrow Boutique is not personally responsible for losses that may arise from the unauthorized use of your Account.
To access and use our services, you must enter your email and password to authenticate the Account. You agree to refrain from using a username that is the name of another person other than you or selecting a username that is not lawfully available to use, or violates any trademark or copyright. Usernames that are vulgar, obscene, or offensive will violate the terms of this Agreement and result in Account termination.
Although we take reasonable measures to protect our Account holders, you expressly agree that you and you alone are responsible for any activity in your Account whether or not authorized by you, including purchases made using any payment instrument (for example, PayPal, credit card, or social network or platform virtual currency). We provide the online shopping community and Community Platform but you must provide the necessary equipment (phone, computer, tablet device, etc.) and pay any associated fees.
5. USER CONTENT AND CONDUCT
A. Content. For purposes of this Agreement, “Content” shall mean any information that may be encountered and/or generated via the use of our Services. This includes but is not limited to photographs, written text, graphics, data files, messages, reviews, suggestions, and device characteristics. Given this definition and provided examples, you agree and acknowledge that you are solely responsible for the Content originated by you whether it is privately transmitted or publicly posted via our Services. You acknowledge and agree that by using our Services you may encounter Content that you may deem to be inappropriate, offensive, indecent, or objectionable. By the same token, you agree that the Content you may generate or disseminate may be objectionable to others. Due to this phenomenon, Diamond Arrow Boutique does not control said Content no matter how it is generated or disseminated. As such, you agree that your use of our services is at your own election and resident risk.
B. User Conduct. By agreeing to the terms of this Agreement, you expressly agree to refrain from using our Services in the manner described below to:
1) engage in any act that would result in copyright infringement or other intellectual property infringement (including but not limited to trade secret, trade dress, or other confidentiality agreements);
2) misrepresent your identity (including misappropriation of another’s image(s), celebrity, charitable or employment group, etc.). Diamond Arrow Boutique reserves the right to immediately block any attempt to register a user Account that is a misrepresentation of identity;
3) generate or make available Content that is unlawful, harmful, defamatory, tortious, abusive, invasive of one’s privacy, obscene, vulgar, and/or objectionable as determined by Diamond Arrow Boutique (including using the means described to stalk, harass, or intimidate another);
4) request as an adult user the personal information from a minor (anyone under the age of 18 or as properly defined by local law) who is not known to you. Examples of personal information include but are not limited to minor’s home address, full name, postal code or similar identifier, phone number, photographs, school, social affiliations, etc.;
5) upload onto the Services and transmit via any means material(s) that contain harmful viruses or programs intended to interfere or disrupt the normal function of the Services or any computer hardware or software;
6) engage or plan any illegal activity and/or store and collect personal information of users of the services for any prohibited activities as described in this Agreement.
C. Content Removal. Diamond Arrow Boutique does not claim any responsibility for the Content that others may provide nor is Diamond Arrow Boutique bound to pre-screen all Content submitted via the Services. However, Diamond Arrow Boutique reserves the right in its sole discretion to monitor, screen, move, delete, modify and/or remove Content it determines to be in violation of this Agreement.
D. Access to User Account and Content. Diamond Arrow Boutique intends to enforce this Agreement to the full extent provided by law. As part of that process, Diamond Arrow Boutique reserves the right to verify and enforce compliance with this Agreement by you. You expressly agree and consent to these efforts by acknowledging that Diamond Arrow Boutique has the right without limitation to use, access, store and/or disclose your Account information and related Content to proper law enforcement authorities, government entities and/or officials, and/or proper third parties that Diamond Arrow Boutique believes is necessary in order to: 1) comply with a valid legal process or request; 2) prevent, detect, or identify fraud or technical issues; 3) enforce the terms of this Agreement including any necessary investigation thereof; and 4) protect the rights of Diamond Arrow Boutique, its users, a third party(ies), or the public as permitted by law.
E. Digital Millennial Copyright Act. Diamond Arrow Boutique makes every reasonable effort to ensure that its users and their content conform to proper Copyright standards. If you believe that any Content that you claim Copyright to has been infringed upon by anyone using our Services, please contact our Copyright Agent at [email protected]
F. Agreement Violations. In order to provide a harmonious environment for our users, Diamond Arrow Boutique makes best efforts to remove inappropriate or objectionable Content that violates this Agreement. If you encounter inappropriate or objectionable Content while using our services, please report it to us at [email protected]
G. User Submitted Content via Diamond Arrow Boutique Services
1. License from User to Diamond Arrow Boutique. Diamond Arrow Boutique does not claim ownership of the Content and/or materials you upload, submit, or disseminate via our services. Additionally, Diamond Arrow Boutique does claim ownership of material that we may specifically license to you under the terms of this Agreement. In instances whereby you upload, submit, or disseminate your Content via our services and make the Content publicly accessible or accessible to users with whom you consent to share your Content, you expressly grant Diamond Arrow Boutique a royalty-free, non-exclusive, worldwide license to distribute, use, reproduce, adapt, modify, translate, publish, publicly display and perform such Content. This license grant from you to Diamond Arrow Boutique is solely for the purpose by which the Content was submitted or made available without any compensation to you whatsoever.
You acknowledge and agree that any Content in its entirety uploaded, submitted, or posted by you shall be your responsibility. Specifically, this means that you represent that you are the legal owner of this Content and have all relevant and necessary rights, licenses, and authorization to distribute it. Furthermore, you warrant and represent that said Content does not infringe upon the rights of other parties nor is the Content in violation of local law or authority.
H. Limited License from Diamond Arrow Boutique to You. You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Services, but only while accessing the Services. You agree that you are only authorized to visit, view and retain a copy of any websites or webpages of the Services for informational, non-commercial and your own personal use. Additionally, you understand and agree that you are strictly prohibited from duplicating, downloading, publishing, republishing, adapting, modifying, displaying, transmitting, or otherwise distributing the Content and/or the Services for any commercial use (whether for profit or not), or for any other purpose other than as may be expressly permitted in these Terms.
1. Copyright and Trademark(s). Diamond Arrow Boutique and its related trademark(s), designs, logos, service marks, etc. are trademarks or registered trademarks of Diamond Arrow Boutique, LLC in the US and abroad where applicable. Diamond Arrow Boutique does not grant you any right or license in its trademarks and you agree to not obscure, remove, or alter the Diamond Arrow Boutique marks contained in any portion of the services.
All materials on the Services (as well as the organization and layout of the Services) are owned and copyrighted or licensed by Diamond Arrow Boutique, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the Services is permitted without the written permission of Diamond Arrow Boutique. Any rights not expressly granted herein are reserved by Diamond Arrow Boutique.
A. User Termination. You may delete your user account and stop using the Diamond Arrow Boutique services at any time.
B. Diamond Arrow Boutique Termination. Diamond Arrow Boutique may terminate or suspend all or a portion of your account and/or access to the services at any time and/or for any reason. Examples of typical reasons for termination include but are not limited to the following: (a) violations of this Agreement; (b) a request by you to terminate or cancel your services account; (c) a request and/or order from law enforcement or government entity; (d) unexpected technical or security issues or problems; and (e) your participation in illegal or fraudulent activities. Any account termination or suspension by Diamond Arrow Boutique shall be made in its sole discretion and Diamond Arrow Boutique will not be responsible to you and/or any third parties for alleged resulting damages whatsoever.
C. Termination Effects. Termination of your services account may result in the loss to all access to the services and any account portions thereof including Content. After a period of time, as determined by Diamond Arrow Boutique, all data and information stored via your account shall be deleted.
7. LINKS AND THIRD PARTY MATERIALS
As part of our services and its resident features and functions, you may encounter materials from third parties and/or hyperlinks to other Content, resources, or web sites. Because we have no control over third parties and their related materials, you acknowledge and agree that Diamond Arrow Boutique shall not be responsible or liable for any alleged damages you may have incurred either directly or indirectly.
8. PAYMENT TERMS
In order to enjoy our Diamond Arrow Boutique Community Platform and services, you agree to make payment with appropriate currency when shopping in our online store.
Once you have created an appropriate account, you will be directed to our payment page whereby you will be alerted to payment options to access our online store.
9. BILLING SUPPORT
For billing support, please contact our technical support at [email protected]
10. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
TO THE EXTENT PERMITTED BY LAW AND ALLOWED BY INDIVIDUAL JURISDICTIONS, DIAMOND ARROW BOUTIQUE MAKES THE FOLLOWING EXCLUSIONS THAT MAY OR NOT APPLY TO YOU.
DIAMOND ARROW BOUTIQUE DOES NOT REPRESENT, GUARANTEE, OR WARRANT THAT USE OF THE SERVICES WILL BE ERROR-FREE OR INTERRUPTED, YOU AGREE AND ACKNOWLEDGE THAT DIAMOND ARROW BOUTIQUE MAY REMOVE THE SERVICES FOR UNDEFINED PERIOD OF TIMES, OR CANCEL THE SERVICES ACCORDING TO THE TERMS IN THIS AGREEMENT.
THE SERVICES PROVIDED BY DIAMOND ARROW BOUTIQUE ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE AND ACKNOWLEDGE THIS FACT. IN TURN, DIAMOND ARROW BOUTIQUE AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNER, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
DIAMOND ARROW BOUTIQUE DOES NOT GUARANTEE OR WARRANT THAT THE SERVICES WILL BE FREE FROM CORRUPTION, LOSS, VIRUSES, ATTACK, HACKING, INTERFERENCE, OR OTHER SECURITY INTRUSIONS. DIAMOND ARROW BOUTIQUE DISCLAIMS ANY RELATED LIABILITY.
YOU AGREE AND ACKNOWLEDGE THAT YOUR DOWNLOADING OF ANY MATERIAL OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK. ANY RESULTING OR ALLEGED DAMAGES TO YOUR COMPUTER, DEVICE, OR DATA LOSS THAT RESULTS FROM SAID DOWNLOADING SHALL BE YOUR SOLE RESPONSIBILITY.
11. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW AND ALLOWED BY INDIVIDUAL JURISDICTIONS, DIAMOND ARROW BOUTIQUE MAKES THE FOLLOWING EXCLUSIONS THAT MAY OR NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIAMOND ARROW BOUTIQUE AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF DIAMOND ARROW BOUTIQUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
As a requirement to use our services, you expressly agree to defend, indemnify, and hold DIAMOND ARROW BOUTIQUE and its subsidiaries, affiliates, directors, officers, employees, agents, and licensors, harmless from any claim or demand thereof, including reasonable attorney’s fees, made by a third party, relating to or arising from: (a) any violation by you of this Agreement; (b) any Content in its entirety that you upload, transmit, or make available through the services; (c) your use of the services; (d) any violation that Diamond Arrow Boutique determines through its reasonable investigations of a suspected violation(s) of this Agreement; or (e) your violation of another’s rights. This express waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the services.
Any dispute or claim relating in any way to your use of any Diamond Arrow Boutique Service, or to any products or services sold or distributed by Diamond Arrow Boutique or through ShopDiamondArrow.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our headquarters Diamond Arrow Boutique LLC, 50 Liberty Lane, Avella, PA 15312. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Diamond Arrow Boutique will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Washington County, Pennsylvania, or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
13. GENERAL PROVISIONS
A. Notice(s). As part of our regular update policies, Diamond Arrow Boutique may provide you with notice regarding the Services, including changes made to this Agreement, via your email address provided to us, regular mail, or postings made to our application product. However, you acknowledge and agree to hold Diamond Arrow Boutique harmless from any and all notification transmission errors.
B. Governing Law. This Agreement between you and Diamond Arrow Boutique shall be governed by the laws of the State of Pennsylvania excluding its personal conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Washington County, Pennsylvania to resolve all disputes, claims, or allegations arising from this Agreement.
C. Entire Agreement. This Agreement embodies the complete agreement in its entirety between you and Diamond Arrow Boutique. This Agreement governs your use of Diamond Arrow Boutique’s services and replaces any other prior agreements between you and Diamond Arrow Boutique in relation to the services. In the event any of this Agreement is held to be invalid or unenforceable, that specific portion shall be construed to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect. If Diamond Arrow Boutique does not exercise or enforce any right or provision of this Agreement then that does not constitute a waiver of such right or provision. You agree that there shall be no third-party beneficiaries to this agreement.
D. Diamond Arrow Boutique as defined by this Agreement:
Diamond Arrow Boutique, LLC located at 50 Liberty Lane, Avella, PA 15312
E. Electronic Contracting.You acknowledge and agree that your use of the services includes your ability to enter into agreements or related transactions electronically. YOUR ELECTRONIC SUBMISSSION TO DIAMOND ARROW BOUTIQUE ACKNOWLEDGES YOUR AGREEMENT AND INTENT TO BY BOUND BY THE TERMS OF THIS AGREEMENT IN ITS ENTIRETY. To access and store your electronic transaction records with Diamond Arrow Boutique, you accept full responsibility for installing required hardware and software.