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Privacy & Disclaimer

July 22nd, 2006 by Fitness Guardian

PRIVACY
Diamond Cut will NEVER share your e-mail address or any other contact information.  Period.  End of story.

ACCEPTANCE OF TERMS
This site (“GetDiamondCut”) and its contents are provided to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you.  If you do not agree to these TOS, please do not use GetDiamondCut. We reserve the right, at our discretion, to update or revise these TOS. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the TOS constitutes acceptance of those changes.

THIRD PARTY SITES 
GetDiamondCut provides links to other Websites on the Internet. GetDiamondCut does not assume any responsibility for such content and makes no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such sites.
GetDiamondCut is not responsible or liable for any advertising, products, or other materials on or available from such Websites or resources. The inclusion of such a link does not imply endorsement of the Websites by GetDiamondCut or any association with their operators.

CREATIVE COMMONS LICENSE
You acknowledge and agree that all content and materials available on GetDiamondCut are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.

All original content on GetDiamondCut is licensed under a Creative Commons license and is subject to the terms and conditions of the Creative Commons Attribution-NonCommercial-NoDerivs 2.5 License (�Creative Commons License�). By submitting content to GetDiamondCut, you agree that it is subject to the same terms and conditions as GetDiamondCut Creative Commons License.

OPINIONS EXPRESSLY THOSE OF AUTHORS
The opinions expressed in GetDiamondCut state only those opinions of the author of such post (as is clearly designated). While the authors of GetDiamondCut are current or former fitness professionals with various fitness industry partnerships, the opinions they express in GetDiamondCut do not necessarily reflect the opinions of such partnerships and should not be taken as such.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF GETDIAMONDCUT IS AT YOUR SOLE RISK. GETDIAMONDCUT IS PROVIDED ON AN “AS IS� AND “AS AVAILABLE� BASIS. GETDIAMONDCUT EXPRESSLY DISCLAIMS 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.

b. GETDIAMONDCUT MAKES NO WARRANTY THAT (i) IT WILL MEET YOUR REQUIREMENTS, (ii) IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF GETDIAMONDCUT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH GETDIAMONDCUT WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM GETDIAMONDCUT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GETDIAMONDCUT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GETDIAMONDCUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE GETDIAMONDCUT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM GETDIAMONDCUT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON GETDIAMONDCUT; OR (v) ANY OTHER MATTER RELATING TO GETDIAMONDCUT.

EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 4 AND 5 MAY NOT APPLY TO YOU BUT ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW.

SPECIAL ADMONITION REGARDING FINANCIAL INFORMATION
You understand that GetDiamondCut is furnished for informational purposes only, and that no mention of a particular company, product or service in GetDiamondCut constitutes a recommendation to buy or sell it. 

GETDIAMONDCUT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. GETDIAMONDCUT AND ITS LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED OR MADE AVAILABLE VIA GETDIAMONDCUT, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY TRANSACTION DECISIONS MADE BASED ON SUCH INFORMATION.

INDEMNITY
You agree to indemnify and hold GetDiamondCut, and its affiliates, officers or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through GetDiamondCut, your use of GetDiamondCut, your connection to GetDiamondCut, your violation of the TOS, or your violation of any rights of another.

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 2.5 License.

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