Terms of Service
Last Update: January 6, 2020
1. Access and Use
The Service (or “Services”) provides financial consultancy, strategy, coaching, financial education, and literary services, financial tools, and financial content (including business to business and business to consumer arrangements). These Services include, but are not limited to, personal financial coaching, budgeting, retirement coaching, financial workshops (which may be conducted in person, by phone, via email, videoconferencing, and the like). The Services may also include bill consolidation, statements, providing other financial data or data consolidation, and family documents, all of which may aid in tracking financial information and assist a user in organizing and managing your finances.
The Bill Payment Service (or “Bill Payment Services”, also referred to generally as “Services”) securely receive bills (the “Bills”) from suppliers and/or vendors (collectively, the “Payees”), ensures that the Bills are below the maximum amount set by you (the “Predetermined Limit”) and facilitates the payment of Bills to Payees, on your behalf, from your bank account (the “Bank Account”), credit card and/ or other payment instrument (collectively, the “Payment Instrument(s)”), prior to the date on which payments are due, as reflected on Bills from Payees (the “Due Date”). In addition, the Service consolidates and stores Bills and your other important documents, and may at your request, allow for information collaboration and sharing amongst family members and/ or any specified trusted advisor that is an adult above the age of 18 (collectively, the “Trusted Delegate(s)”).
Our Service may also include budgeting and financial coaching sessions, financial workshops (including business to business and business to consumer arrangements), personal financial coaching, retirement workshops, which may be conducted in person, via email, video conference or phone.
2. Service Guarantee
Due to circumstances beyond the control of the Services and Bill Pay Services, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your account(s) with Payees. The Bill Pay Services will bear responsibility for any late payment related charges up to fifty US dollars (US$50.00) should a payment post after its Due Date, unless we are not responsible to you for one of the reasons listed below. We may require that you provide us with satisfactory written documentation of any late fees before making reimbursement to you.
We are not responsible for any failure to complete or delay in completing any payment due to any of the following:
- You have provided us with incorrect information about your Payment Instruments, including, but not limited to, your name, your Social Security number, your account number, your routing number.
- Your Payment Instrument(s) do not contain sufficient funds to complete the payment or the charge is rejected or returned by your bank or financial institution.
- Your Payment Instrument(s) are closed.
- Payee rejects or returns the payment for any reason.
- Your equipment, software or any communications link is not working properly.
- The Services are unavailable and you know or we have told you about the problem before the Due Date.
- You have provided us with incorrect information about the Payee you wish to pay, including, but not limited to, Payee name and Payee account number (collectively, the “Payment Instructions”).
- The Payee mishandles or delays handling or posting any payment we send.
- Circumstances beyond our control (for example, fire, flood, interference from an outside source, postal delays) prevent or delay the transfer or payment from being completed.
Provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Payment Instrument(s), or if we cause funds from your Payment Instrument(s) to be directed to a Payee which does not comply with your Payment Instructions, we shall be responsible for returning the improperly transferred funds to your Payment Instrument(s), and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for late payment related charges to the extent described above. THIS IS OUR ONLY OBLIGATION TO YOU FOR ANY PAYMENT DELAYS OR FAILURE. IN ADDITION, IF YOU DO NOT FOLLOW THESE RULES OR IF YOU DO NOT ALLOW US ENOUGH TIME TO COMPLETE A PAYMENT, YOU ALONE ARE RESPONSIBLE FOR ANY PENALTIES OR LATE CHARGES ON THAT PAYMENT.
4. Duplicate Payment
If we duplicate a payment or process a payment for an amount higher than you requested, we will use reasonable efforts to recover the overpayment from the Payee. If we can recover an overpayment that was charged to your Payment Instrument(s), we will return the amount of the overpayment to you. However, in certain situations, we may have funded the overpayment from our own account. In that case, if the overpayment caused a credit to your account with the Payee and we are unable to recover the overpayment from the Payee, we will notify you of that fact and you will be responsible to make appropriate arrangements with the Payee to receive a refund of the credit or have it applied against future balances. You are responsible for reimbursing us for any funds we have paid to a Payee on your behalf.
5. Registration Requirements
In order to use the Services and/or Bill Pay Services, (i) you must be of legal age and able to form legally binding contracts under applicable law, (ii) you must have a postal mailing address in the United States and a valid and active email address, (iii) you must have a valid Bank Account with a U.S. financial institution, (iv) you must have sufficient funds in/ on your Payment Instruments to provide for Payee payments and our fees, and (v) you must be a United States resident. You are required to register with Diamond NestEgg in order to access and use certain features of the Service. You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Other restrictions may apply.
You authorize Diamond NestEgg to: (i) contact Payees, on your behalf, and have Bills generated by Payees sent to us via email, post, or other necessary means and (ii) speak, email and/ or otherwise communicate on your behalf with Payees and other parties with respect to the Services. You agree that we are your agent for these limited purposes. You represent and warrant to us that you have the authority to appoint us as agent to receive Bills from Payees and to use your name, and any other information you provide to us for the purposes of providing the Service to you. You also consent that we may use and store your information on our servers.
You also authorize and direct us to open all mail we receive on your behalf, whether physical, electronic, or otherwise, and whether or not the mail is also or only addressed to you. You authorize us to scan paper bills into our system and to make and retain paper copies, electronic copies or images of those bills.
You further authorize us to charge your Payment Instruments in order to pay Bills to Payees. Such charge(s) may take the form of an ACH Debit, check, or other form of funds transfer, in our sole discretion. You may at any time add, amend and delete Payees by notifying Diamond NestEgg via email at firstname.lastname@example.org, post and/ or fax.
7. User Account
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (i) immediately notify Diamond NestEgg of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session when accessing the Service. You further agree to keep your account information up-to-date and inform Diamond NestEgg of any changes to such account information. Account information includes, but is not limited to:
- E-mail address
- Date of Birth
- Social Security Number
- Mobile Phone Number
- Bank routing and account number
- Credit card information
Diamond NestEgg will not be liable for any loss or damage arising from your failure to comply with this Section.
8. Trusted Delegate(s)
In order to facilitate your information collaboration and sharing with Trusted Delegate(s), Trusted Delegate(s) must provide us with certain information, including but not limited to:
- E-mail address
- Date of Birth
- Mobile Phone Number
9. Account Activity Statement
Each month, we will notify you via email of the arrival of your Account Activity Statement, which will include a summary of all your account activity and transactions for the preceding month. You agree to promptly review each Account Activity Statement and to notify us immediately if there are suspected unauthorized payments or errors. If your Account Activity Statement shows payments through the Services that you did not authorize (the “Unauthorized Payment(s)”), notify us immediately at email@example.com. If you do not notify us within ninety (90) days after the Account Activity Statement was sent to you, you may not get back any Unauthorized Payment made after such ninety (90) day period if we can prove that we could have prevented the Unauthorized Payment if you told us on time. All questions about payments made through the Services or with your account and password must be directed to us and not to the bank or other financial institution where you have your Payment Instruments. We are responsible for answering your questions about the Services and for resolving any errors in payments made through the Services or with your account. We may not be bound by any information provided by your bank or other financial institution where you have your Payment Instruments.
10. Modifications to Service
Diamond NestEgg reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof). We shall make reasonable attempts to inform you of such notice by posting them on the Site. You agree that Diamond NestEgg will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
11. General Practices Regarding Use & Storage
You acknowledge that Diamond NestEgg may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allocated on our servers on your behalf. You agree that we are not responsible or liable for the deletion or failure to store any data or other content maintained or uploaded by the Service. You further acknowledge that we reserve the right to terminate accounts that are inactive for extended periods of time, and that we reserve the right to change these general practices and limits at any time, at our sole discretion, with or without notice.
12. Mobile Services
The Service and Bill Pay Services includes certain services that are available via a mobile device, including but not limited to (i) the ability to upload Bills and content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, you are solely responsible for your wireless service carrier’s standard charges, data rates, and other applicable fees, as well as the agreement with your mobile device and telecommunications provider. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your telecommunications provider, and not all Mobile Services may work with all devices or telecommunications providers. By using the Mobile Services, you consent that we may communicate with you regarding Diamond NestEgg and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about usage of the Mobile Services may be communicated to us. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your account information with us to ensure that your messages are not sent to the wrong person. Diamond NestEgg makes no warranties or representations of any kind, express, statutory or implied as to: (i) the availability of telecommunication services from your provider and access to the services at any time or from any location, (ii) any loss, damage, or other security intrusion of the telecommunication services, and (iii) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the Services.
To the extent the Service or any portion thereof is made available for a fee, it will be necessary for you to select a payment plan and provide us information regarding your credit card or other payment instrument (the “Fee Payment Instrument”). You represent and warrant to us that such information is true and that you are authorized to use the Fee Payment Instrument. You will promptly update your account information with any changes (for example, a change in credit card expiration date or billing address) that may occur. You consent to pay Diamond NestEgg the amount that is specified in the payment plan and in accordance with the terms of such plan and this Terms of Service. All fees and charges are prepaid and nonrefundable. You hereby authorize us to bill your Fee Payment Instrument in advance on a periodic basis accordance with the terms of the applicable payment plan you select until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges, you must let us know within thirty (30) days after the date that Diamond NestEgg charges you. You may cancel your account and/ or your use of and access the Service at any time. You must cancel your use of and access to the Service before the start of a renewal period to avoid having the next period’s fees billed to your credit card. Diamond NestEgg reserves the right to change our prices. If we do change our prices, we will provide notice of change on the Site or in email to you, at our option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You understand and agree that your decision to pay any required payments for the Services and receive the Services under these Terms of Service has been made by you and is provided by Diamond NestEgg as a convenience, and is not legally required. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Diamond NestEgg’s net income.
14. Prohibited Payments
The following payments are prohibited through the Services: (i) payments to Payees outside of the United States or its territories, (ii) payments to unlawful Internet gambling sites, (iii) payments to or at the discretion of any government agency or entity, and (iv) payments pursuant to court-ordered payment plans. We shall be in no event liable for any claims or damages resulting from processing these types of payments. The Service Guarantee as it applies to any late payment related charges is void when these types of payments are processed by the Services. We have no obligation to research or resolve any claim resulting from a Prohibited Payment including without limitation a tax payment, court ordered payment or exception payment. All research and resolution for any prohibited, misapplied, mis-posted, or misdirected payment will be your sole responsibility and not of Diamond NestEgg.
15. Returned Payments
In using the Services, you understand that Payees and/ or the United States Postal Service may return payments to us for various reasons such as, but not limited to, Payee’s forwarding address expired, Payee account number is not valid, Payee is unable to locate account, or Payee account is paid in full. We will use reasonable efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your Payment Instrument. You may receive notification from us.
You are solely responsible for all Bills, documents, information, data, text, messages or other materials (“User Content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. Examples of the kind of User Content and/ or use that is illegal or prohibited by us, includes, but is not limited to, content that: (i) you do not have a right to upload under law or under contractual or fiduciary relationships, (ii) contains software viruses or any other computer code, files or programs developed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (iii) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/ or sales or any other form of solicitation, (iv) violates any applicable local, state, national or international law, or any regulations having the force of law or (v) in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Diamond NestEgg or its users to any harm or liability of any type.
17. Local Laws & Export Controls
Diamond NestEgg controls and operates the Service from our Head Office in the United States and the content and features may not be appropriate or available for use in other locations. Downloading or using the Service outside of the United States is at your sole risk. In light of the Internet’s global reach, you agree to comply with all local rules and laws regarding your use of the Service, including as it relates to online conduct and acceptable content.
18. Commercial Use
The Service is for your personal use. Unless otherwise explicitly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, replicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
19. Intellectual Property
Service Content: You accept and agree that the Service and its entire contents, features and functionality, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof (the “Service Content”), are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You consent not to reproduce, distribute, modify, rent, lease, loan, sell or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. Furthermore, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
Software: The technology and software underlying the Service or distributed in connection therewith are the property of Diamond NestEgg, our affiliates and our partners (the “Software”). You agree not to copy, modify, create derivative works of, reverse engineer, reverse assemble or otherwise attempt to attempt to discover any source code, sell, assign, sublicense or otherwise transfer any rights in the Software. Any rights not expressly granted herein are reserved by Diamond NestEgg.
Trademarks (Including, but not limited to Service Marks): The Diamond NestEgg name, logo and all related product service names, designs and slogans are trademarks and service marks of Diamond NestEgg or its affiliates (collectively, the “Diamond NestEgg Trademarks”). You must not use Diamond NestEgg Trademarks without our prior written permission. All goodwill generated from the use of Diamond NestEgg Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will Diamond NestEgg be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Diamond NestEgg does not pre-screen content, but that we and our designees will have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Diamond NestEgg and our designees will have the right to remove any content that violates these Terms of Service or is deemed by us, in our sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: You represent and warrant that you own all right, title and interest in and to such User Content you upload through the Service or share with Trusted Delegates, other users or recipients, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Diamond NestEgg and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Notwithstanding the foregoing, we will never publicly display, publish, or distribute any personally identifiable information or personal health information you upload to the Services without your permission.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (the “Submissions”), provided by you to Diamond NestEgg are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You also acknowledge and agree that Diamond NestEgg may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Diamond NestEgg, our users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Diamond NestEgg respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.
We will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to our Copyright Agent at firstname.lastname@example.org (Subject line: “DMCA Removal Request”).
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to our Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within New York County, NY and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
20. Third-Party Websites
The Service may contain links to third-party websites, services or other resources on the Internet, including but not limited to our sponsors and Facebook, and other websites, services or resources may contain links to the Site (“Third-Party Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such Third-Party Sites. The content of such Third-Party Sites is developed and provided by others. You should contact the site administrator for those Third-Party Sites if you have any concerns regarding such links or any content located on such Third-Party Sites. We are not responsible for the content of any linked Third-Party Sites and do not make any representations regarding the content or accuracy of any materials on such Third-Party Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any Third-Party Sites, you do so at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any Third-Party Sites.
21. Indemnity & Release
You agree to release, indemnify and hold Diamond NestEgg, and our officers, directors, agents, subsidiaries, joint ventures, licensees, employees, third-party partners and affiliates, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your negligence or willful misconduct, your breach of these Terms of Service or other unauthorized use of the Services, your violation of any law or regulation, or your violation of the rights of any third party.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DIAMOND NESTEGG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
23. Beta Disclaimer
Experimental software, services, mobile applications, and programs may be developed by Diamond NestEgg and offered as a Beta state from time to time. In this way Diamond NestEgg is intent on offering the latest and best to you. For this reason, Diamond NestEgg continues to develop, productize, support, repair, offer for sale, and/or otherwise develop Beta products and/or services. The Beta products, services, software, applications are provided “AS IS” without any express or implied warranty of any kind including warranties of merchantability or fitness for any particular purpose. In no event shall Diamond NestEgg be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, late fees, loss of information) arising out of the use of or inability to use Beta products, applications, and/or services, even if Diamond NestEgg has been advised of the possibility of such damages.
24. Pricing Disclaimer
Prices may be changed at any time without further notice. Diamond NestEgg reserves the right to change the prices for our offerings at any time without further notice. Prices for Diamond NestEgg Services through third-party websites or any other websites may not be accepted. Diamond NestEgg sells our Services directly through various channels and we cannot always control when they are updated.
Promotional pricing and the pricing offered on the website is only guaranteed during certain durations. We reserve the right to enter into agreements for our pricing under certain conditions and for various durations as may vary.
Prices and Service availability are subject to change. All specials and promotional pricing offerings are limited to the Services offered and for the duration of the sign-up period for which the promotion lasts. Diamond NestEgg is not responsible for any typographical errors related to pricing and promotions. Diamond NestEgg makes no representation about the suitability of the information presented on the Diamond NestEgg website or third-party websites in typographical error pricing or promotions.
25. Events & Social Media Disclaimer
By participating in any events planned and controlled by, or associated with, Diamond NestEgg, you, the attendee and/or user (collectively, the “Participant(s)”) agree to the following:
Diamond NestEgg events are provided with no special warranty either express or implied. The Organizers, including Diamond NestEgg but not limited to, committee members, advisory, sponsors, and third parties assume no liability for any loss, financial hardship, financial decisions, theft, damage, or injury to property or persons, including death, whenever arising in contract, negligence, equity, or otherwise. Diamond NestEgg does not guarantee any teachings or advice offered during events.
Participants assume all risk, physically and financially when participating in Diamond NestEgg events. All participants must use care and good judgement in making financial decisions and should consult professionals for their particular financial circumstances. Diamond NestEgg does not represent Participants and is not advising Participants for their specific financial circumstances.
Social Media. Participants give Diamond NestEgg authorization to use and post any photographs, videotapes, recordings or any other record of our events; including business names and full names of participants, before during or after the event for promotional use, reporting to media and to publish on our website or blog. Participants will not be entitled to any compensation from Diamond NestEgg or affiliates for use of name, image, or likeness.
Event Refunds. Refunds, for any reason, will be at the discretion of Diamond NestEgg. Diamond NestEgg reserves the right to exclude anyone from participating should they choose not to agree to these terms and the terms of the event.
26. Not a Bank, Broker or Tax Advisor
NEITHER DIAMOND NESTEGG NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR REGULATED FINANCIAL ADVICE. WE ARE NOT A BANK, BROKER OR TAX ADVISOR. ANY RECOMMENDATIONS, INFORMATION OR GUIDANCE MADE AVAILABLE PURSUANT TO THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL FINANCIAL ADVICE.
DIAMOND NESTEGG DOES NOT GUARANTEE THE RESULTS OF OUR SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OR RELIANCE ON OUR SERVICE IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH, AS ALLOWABLE TO THE EXTENT OF THE LAW. OUR SERVICE SHOULD NOT BE CONSTRUED AS A RECOMMENDATION OR OFFER TO SELL OR PURCHASE ANY PARTICULAR INVESTMENT. YOU ARE SOLELY RESPONSIBLE FOR USING YOUR OWN JUDGMENT TO ASSESS INFORMATION PROVIDED BY DIAMOND NESTEGG IN CONNECTION WITH OUR SERVICE. WE EXPRESSLY DISCLAIM ANY GUARANTEE OF RESULTS OR OUTCOMES OF ANY OF THE RECOMMENDATIONS, INFORMATION OR GUIDANCE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF OUR SERVICE.
YOUR PERSONAL FINANCIAL SITUATION IS UNIQUE, AND ANY RECOMMENDATIONS, INFORMATION AND GUIDANCE OBTAINED THROUGH THE SERVICE MAY NOT BE APPROPRIATE FOR YOUR SITUATION. ACCORDINGLY, BEFORE MAKING ANY FINAL DECISIONS OR IMPLEMENTING ANY FINANCIAL STRATEGY, YOU SHOULD CONSIDER OBTAINING ADDITIONAL INFORMATION AND ADVICE FROM YOUR ACCOUNTANT OR OTHER FINANCIAL ADVISERS WHO ARE FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES.
27. Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIAMOND NESTEGG WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DIAMOND NESTEGG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRECTION OF, DESTRUCTION OF, DAMAGE TO, LOSS OF OR FAILURE TO STORE OR ENCRYPT ANY USER CONTENT; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL DIAMOND NESTEGG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DIAMOND NESTEGG IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED US DOLLARS (US$100).
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 SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
RELIANCE ON INFORMATION POSTED. The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Service, or by anyone who may be informed of any of its contents.
This Information may include, but is not limited to, content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Diamond NestEgg, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Diamond NestEgg. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
28. Indemnity & Release
These Terms of Service and any Services provided hereunder will be governed by the laws of the State of New York and with respect to arbitration by the JAMS Rules, without regard to any laws that would direct the choice of another state’s laws and, where applicable, will be governed by the federal laws of the United States. Except as otherwise expressly provided in these Terms of Service, all arbitration and other litigation of any dispute between you and Diamond NestEgg related to these Terms of Service shall be located in New York. Foreign laws do not apply.
29. Arbitration & Class Action Waiver
Informal Process First: You agree that in the event of any dispute between you and Diamond NestEgg, you will first contact Diamond NestEgg and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.
Arbitration Agreement and Class Action Waiver: After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Diamond NestEgg’s services and/or products, including the Services, will be resolved by arbitration. You and Diamond NestEgg agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this Section, and as of the date of these Terms of Service). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms of Service will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms of Service, you and Diamond NestEgg are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Diamond NestEgg will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis. An arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.
Costs of Arbitration: Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed ten thousand US dollars (US$10,000), Diamond NestEgg will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
Opt-Out: You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms of Service by sending written notice of your decision to opt-out to email@example.com. The notice must be sent to Diamond NestEgg within thirty (30) days of your registering to use the Services or agreeing to these Terms of Service, otherwise you shall be bound to arbitrate disputes in accordance with these Terms of Service. If you opt-out of these arbitration provisions, Diamond NestEgg also will not be bound by them. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Diamond NestEgg in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that Diamond NestEgg, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. We may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Diamond NestEgg may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and we will have no liability or responsibility with respect thereto. Diamond NestEgg reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
32. General Terms & Conditions
These Terms of Service constitute the entire agreement between you and Diamond NestEgg and govern your use of the Service, superseding any prior agreements between you and Diamond NestEgg with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Diamond NestEgg agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York. The failure of Diamond NestEgg to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Diamond NestEgg, but we may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
- Other Terms & Conditions
34. Information & Contact
Upon request, Diamond NestEgg provides information free of charge about the Personal Data we store about you. Upon request, we will correct incorrect data or block or delete Personal Data, insofar as this does not preclude a statutory retention obligation.
To lodge a disagreement regarding the use of usage data or a revocation of the consent to the use of inventory data, a request for information about the stored Personal Data or its correction, to block and/or delete Diamond NestEgg, the following contact information is available to you:
29 Chase Road #146, Scarsdale, NY 10583
Phone number: 1-883-NESTERS / 1-883-637-8377