If you are under the age of 13, have your parent create an account so you can enjoy the experience with them.
Ownership. All content included on the Club Diamond Nation Site, such as text, graphics, logos, button icons, images, audio clips and software, as well as the compilation of any of the foregoing (meaning the collection, arrangement and assembly), are the property of Club Diamond Nation or its content suppliers and protected by U.S. and international copyright laws. You acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Club Diamond Nation Site or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Club Diamond Nation or such advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Club Diamond Nation Site, services, products or software, in whole or in part.
Copyright Complaints. Club Diamond Nation respects the intellectual property of others, and we ask our content partners and Club Diamond Nation members to do the same. If you believe that your copyrighted work has been impermissibly copied or used and is accessible on the Club Diamond Nation Site in a way that constitutes copyright infringement, you may notify Club Diamond Nation by providing Club Diamond Nation's copyright agent the following information:
a. an electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
b. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
c. Identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e., web page address) where it is posted or the name of the magazine in which it has been published.
d. Identification of the URL or other specific location of the Club Diamond Nation Site where the material that you claim is infringing is located, including enough information to allow us to locate the material.
e. Your name, address, telephone number and e-mail address.
f. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
g. A statement by you, made under the penalty of perjury that the above information in your notice is correct and that you are the copyright owner or authorized to act on the copyright owner's behalf. Club Diamond Nation's agent for notice of claims of copyright infringement on the Club Diamond Nation site can be reached as follows: Club Diamond Nation LLC, c/o General Counsel, 129 River Road, Flemington, NJ 08822. Phone: (888) 731-0688.
2. Permitted Use of Club Diamond Nation Trademarks.
Club Diamond Nation trademarks identify Club Diamond Nation products and services, and let the public know the source of those products and services. You may make comparative or other nominal fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution to Club Diamond Nation. Other uses require written permission from Club Diamond Nation, and absent such express permission, you agree not to use or display the Club Diamond Nation trademarks in any manner. Please make such requests by e-mail to email@example.com; we will evaluate your request as soon as possible.
Club Diamond Nation's Trademarks include, without limitation, those published and searchable on the United States Patent and Trademark Office located at http://www.uspto.gov at "Search Trademarks" indicating The Club Diamond Nation as the identified owner for conducting such search.
3. PARENTAL RESPONSIBILITY
4. User Submissions and Content.
Club Diamond Nation may provide interactive areas on the Club Diamond Nation site, in which users may post communications. You understand that all information (including your member name or user name), data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Club Diamond Nation, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Club Diamond Nation Site. Club Diamond Nation does not control the Content posted via the Club Diamond Nation Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Club Diamond Nation Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Club Diamond Nation be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Club Diamond Nation Site. You further understand that the internet has no geographical boundaries, and you therefore agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Club Diamond Nation does not claim ownership of any Content submitted and/or posted by you on any Club Diamond Nation Site(s). However, by submitting and/or posting any Content to the Club Diamond Nation Site, you grant Club Diamond Nation a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.
In consideration of being allowed to use the Club Diamond Nation interactive areas and Club Diamond Nation Site, you agree not to:
a. impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Club Diamond Nation.
b. use an inappropriate User ID of any kind.
c. target or harm minors in any way.
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Club Diamond Nation Site.
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Club Diamond Nation Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
j. interfere with or disrupt the Club Diamond Nation Site or servers or networks connected to the Club Diamond Nation Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Club Diamond Nation Site.
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
m. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
n. "stalk" or otherwise harass another; and/or
o. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.
You understand that the technical processing and transmission of the Club Diamond Nation Site, 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.
You understand that the Club Diamond Nation Site and software embodied within the Club Diamond Nation Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Club Diamond Nation and/or content providers who provide content to the Club Diamond Nation Site. You may not attempt to override or circumvent any of the usage rules embedded into the Club Diamond Nation Site. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Club Diamond Nation Site, in whole or in part, is strictly prohibited.
Should you choose to submit any ideas, suggestions, documents, and/or proposals ("Submissions") to Club Diamond Nation through any of its media, you acknowledge and agree that: (i) your Submissions do not contain confidential or proprietary information; (ii) Club Diamond Nation is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (iii) Club Diamond Nation shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (iv) Club Diamond Nation may have something similar to the Submissions already under consideration or in development; (v) your Submissions shall automatically become the property of Club Diamond Nation without any obligation of Club Diamond Nation to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from Club Diamond Nation under any circumstances.
5. Links; Third Party Services; Promotional Messages.
As a convenience to our members, we may provide links to third-party web site. The linked site are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any site to which we may provide links. You hereby waive any claim you might have against Club Diamond Nation with respect to such site.
In addition, you may order services or merchandise through the Club Diamond Nation Site from other persons not affiliated with Club Diamond Nation ("Seller"). All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. Club Diamond Nation makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Club Diamond Nation, nor will Club Diamond Nation be construed as, a party to such transactions, whether or not Club Diamond Nation may have received some form of revenue or other remuneration in connection with the transaction. You agree that Club Diamond Nation will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.
Club Diamond Nation and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Club Diamond Nation makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Club Diamond Nation nor such third party shall have any liability with respect thereto. You further agree to receive certain periodic communications from Club Diamond Nation such as newsletters, content, messages, and announcements, and that these communications are considered part of your access of the Club Diamond Nation Site and services and that you may not be able to opt out of receiving such communications in every instance.
6. Registration and Password.
You are responsible for maintaining the confidentiality of your User ID and password (your "registration"). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Club Diamond Nation of any unauthorized use of your registration. You further represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as submitted to Club Diamond Nation, and (ii) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Club Diamond Nation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. Club Diamond Nation has the right to immediately suspend or terminate your account and refuse any and all current or future use of the Club Diamond Nation Site or related products and services (or any portion thereof). Club Diamond Nation makes every effort to protect individual privacy and personal information, and is particularly concerned about child privacy. Parents of children under the age of 13 who wish to allow their children access are required to provide their consent for any registration. By creating such a ‘Parent' registration involving your child under the age of 13, you certify that you are at least 18 years old or that you are the parent or legal guardian of the child/children listed on the registration. Unless you have notified us otherwise, You also give your child permission to access many areas of the Club Diamond Nation Site related to the registration, including email, message boards and other registration related information. Please remember that the Club Diamond Nation Site and Club Diamond Nation services are intended to apply to a broad audience. Accordingly, as the parent or legal guardian, it is your responsibility to determine whether any of the Club Diamond Nation Site areas and/or content are appropriate for your child.
Charges and Billing For Certain Club Diamond Nation Site access require payment of access fees. By registering for the Club Diamond Nation Site, you hereby authorize Club Diamond Nation to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen service and registration for your account. You hereby understand and agree that in most cases, Club Diamond Nation will be charging your designated credit card in accordance with the payment schedule of the service for which you have registered, but some service fees may accumulate on your credit card account before they are actually charged to your credit card. You further understand and agree that it is your responsibility to notify Club Diamond Nation of any changes to your credit card or if your credit card has expired otherwise your access to the Service may be disconnected or interrupted. All fees shall be paid in U.S. dollars.
Club Diamond Nation reserves the right to change any fees (which includes but is not limited to, charging a fee for packages, options, upgrades and/or a Service for which Club Diamond Nation does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after Club Diamond Nation posts such modification on the applicable Club Diamond Nation Site(s). Club Diamond Nation also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after you register for the associated service. You may cancel any your Account or any associated optional or upgraded services therefore at any time, but Club Diamond Nation will not refund any remaining portion of your pre-paid fees and you may be charged an additional cancellation fee. The answer to many common billing questions can by found here.
You agree to pay your Account balance on time. You also agree to pay any taxes, including sales or use taxes, resulting from your use of the Service. Amounts not paid by you to Club Diamond Nation when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that Club Diamond Nation may incur in its efforts to collect any remaining balances due from you. This section titled Charges and Billing For Certain Club Diamond Nation Site shall in no way limit any other remedies available to Club Diamond Nation. You also understand and agree that you will be billed for and will pay any outstanding balances if you cancel your account or your account is terminated. You must notify Club Diamond Nation of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not notify Club Diamond Nation within sixty (60) days, you waive any right to dispute such problems or discrepancies.
7. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF CLUB DIAMOND NATION IS AT YOUR SOLE RISK. CLUB DIAMOND NATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CLUB DIAMOND NATION AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE INFORMATION ON THE CLUB DIAMOND NATION SITE OR OTHERWISE BY CLUB DIAMOND NATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER CLUB DIAMOND NATION NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN CLUB DIAMOND NATION, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. CLUB DIAMOND NATION ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON CLUB DIAMOND NATION CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON CLUB DIAMOND NATION.
CLUB DIAMOND NATION MAKES NO WARRANTY THAT THE CLUB DIAMOND NATION SITE' SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. CLUB DIAMOND NATION DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH, THE CLUB DIAMOND NATION SITE. CLUB DIAMOND NATION IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CLUB DIAMOND NATION SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
8. Limitation of Liability
CLUB DIAMOND NATION, 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 OR OTHER INTANGIBLE LOSSES (EVEN IF CLUB DIAMOND NATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE CLUB DIAMOND NATION SITE, PRODUCTS OR SERVICES; (B) 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 CLUB DIAMOND NATION SITE; (C) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH CLUB DIAMOND NATION; (D) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY CLUB DIAMOND NATION; (E) PERSONAL INJURY NOT CAUSED BY CLUB DIAMOND NATION'S GROSS NEGLIGENCE; (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CLUB DIAMOND NATION SITE; OR (H) ANY OTHER MATTER RELATING TO THE CLUB DIAMOND NATION SITE, OR CLUB DIAMOND NATION PRODUCTS OR SERVICES. YOU AGREE THAT CLUB DIAMOND NATION'S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY CLUB DIAMOND NATION FROM YOU.
11. Applicable Law; Consent to Jurisdiction.
The Club Diamond Nation Site (excluding linked sites) are controlled by Club Diamond Nation from its offices within the State of New Jersey, United States of America. The Club Diamond Nation Site can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New Jersey, by accessing the Club Diamond Nation Site both you and Club Diamond Nation agree that the statutes and laws of the State of New Jersey, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the Club Diamond Nation Site.
You agree that exclusive jurisdiction for any dispute with Club Diamond Nation, or in any way relating to your membership or use of Club Diamond Nation, resides in the courts of the State of New Jersey and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any dispute including any claim involving Club Diamond Nation or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
With your prior approval, Club Diamond Nation reserves the right to charge fees, surcharges and/or membership fees at any time. Please see our Credit Card Payment Policies for additional information.