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Terms and Conditions of Use

Please read carefully. By using this site, you signify your acceptance of these Terms and Conditions of Use and of any and all modifications, alterations and updates that Helzberg Diamonds’ Online Store hereafter elects to make to these terms and conditions (herein referred to collectively as the "Terms of Use"). If you do not agree with any of the Terms of Use, do not use this site.

Helzberg Diamonds’ Online Store makes no representation that materials in the site, including merchandise offered for sale on the site and their trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this site from locations outside of the US do so on their own initiative and are solely responsible for compliance with any and all applicable local laws. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise shall pass to the buyer upon delivery of the merchandise to the common carrier.

Material from Helzberg Diamonds’ Online Store may not be copied, downloaded, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any purpose other than your own personal, non-commercial, home use is a violation of the copyrights and other property rights held by Helzberg Diamonds’ Online Store or affiliates. The use of any such material on any other Web site or networked computer environment is prohibited.

The trademarks, logos and service marks (collectively the "Trademarks") which you see on this site are registered and unregistered trademarks of Helzberg Diamonds’ Online Store, its affiliates and others. Nothing in this site grants to you any license or right to use any Trademark displayed on this site without the prior written permission of the owner of the Trademark. Your use or misuse of any Trademark displayed on this site, or of any other content on this site, is strictly prohibited.

When ordering merchandise from Helzberg Diamonds’ Online Store as a gift for a loved one, we invite you to add a personal message for inclusion with the gift. However, in order to protect the Trademarks, Helzberg Diamonds’ Online Store reserves the right and sole discretion to omit, edit and/or modify any and all content it deems inappropriate. Further, although Helzberg Diamonds’ Online Store strives for perfection in rendering this service, it is not responsible for any liability, damage or expense resulting from any errors, modifications or omissions made in transcribing the personal message or delivering the gift card.

Helzberg Diamonds’ Online Store welcomes your comments regarding our merchandise and services, including our Internet site. However, any personal gift messages, notes, comments, billboard postings, ideas, suggestions, or other material that you submit to Helzberg Diamonds’ Online Store automatically becomes the property of Helzberg Diamonds’ Online Store and affiliates, and they shall be entitled to use such property (in its original form or any modified or altered form) for any use or purpose that Helzberg Diamonds’ Online Store or affiliates desire, including use in any promotion, advertising or media whether now known or hereafter devised. When you submit material to the Helzberg Diamonds’ Online Store site, you agree that Helzberg Diamonds’ Online Store and affiliates have the right to use and publish the material for any purpose as outlined above, without any compensation or attribution to you . As a result, we ask that you do not send us any original creative materials such as product ideas or original artwork.

You agree to indemnify Helzberg Diamonds’ Online Store and affiliates and their respective officers, directors, employees, agents, distributors, vendors and other representatives from and against any and all third party claims, demands, liabilities, costs or expenses (including reasonable attorneys’ fees) resulting from your breach of any of the Terms of Use.

Diamond carat weights (CT.) represent the approximate total weight (T.W.) of all diamonds in each setting unless noted. Diamond solitare weights may vary between .01 and .05 carat. Diamond total weights may vary between .01 and .08 carat.

If a pricing error were to occur there was no attempt to unlawfully harm any customer. If an error is made we will try to correct it as quickly as possible. According to common law advertising when an order is requested online it is not a binding agreement according to the court system. It is never our intent to advertise with incorrect pricing, unfortunately mistakes can and do happen.
Until an order is shipped a contract has not been entered into. If a pricing error occurred and Helzberg Diamonds did not correct the error prior to the order shipping then the Helzberg Diamonds Online Store would honor any pricing error.

Data about the activity of visitors to this site is automatically provided to Helzberg Diamonds’ Online Store when you sign on. It is used by us for internal review in aggregate and non-personally-identifiable form. E-mail addresses and other personally identifying data about you is known to Helzberg Diamonds’ Online Store only when voluntarily submitted or posted to us.

In addition, we sometimes use E-mail addresses and other personally identifying information to contact visitors who communicate with Helzberg Diamonds’ Online Store. We also use the shipping addresses of our customers to send them our catalogs which we feel will be of interest to them. If at any point you no longer wish to receive communications from Helzberg Diamonds’ Online Store, please submit your request to Customer Care via email on our Contact Us page.

binding arbitration and class action waiver

You and Helzberg’s Diamond Shops, LLC1 (the “Parties”) mutually consent to the resolution by final and binding arbitration of all claims (common law or statutory) relating to a Dispute that You may have with Helzberg Diamonds. “Dispute” means any dispute, action, or other controversy between you and Helzberg Diamonds concerning your Helzberg Diamonds products or any warranty, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. Such claims include, but are not limited to, any controversy, claim, dispute, or difference between the Parties arising out of or relating to your purchase of any Helzberg Diamonds products, any return or replacement of any Helzberg Diamonds products, any warranty claim relating to any Helzberg Diamonds products, Your transacting business with Helzberg Diamonds in any way, or your use of Helzberg Diamonds’ Online Store in any way.
If You or Helzberg Diamonds do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules applying U.S. Federal Rules of Procedure and U.S. Federal Rules of Evidence. The AAA Supplementary Procedures for Consumer-Related Disputes will also apply. For more information, see www.adr.org or call 1-800-778-7879. The arbitration shall be before a single arbitrator and will be administered in accordance with the applicable arbitration rules and procedures of the AAA. To the extent required by applicable law, the substantive law of the state in which You purchased products (or the state of delivery) shall apply. You agree to commence arbitration in your county of residence or in Clay County, Missouri. Helzberg Diamonds agrees to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
The Parties expressly waive the right to have a court or jury trial on any arbitrable claim. Notwithstanding any provision of the American Arbitration Association’s Commercial Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable, and/or any other Rules and/or procedures of the American Arbitration Association), arbitration shall occur on an individual basis only.  To the maximum extent permitted by law, THE PARTIES WAIVE THE RIGHT TO INITIATE, PARTICIPATE IN, OR RECOVER THROUGH, ANY CLASS, COLLECTIVE, OR NON-INDIVIDUAL ACTION (the “Waiver”). In addition, to the maximum extent permitted by law, neither Party shall have the right to join or consolidate claims in arbitration with the claims of any other person or entity against the other Party to this Agreement. To the maximum extent permitted by law, the Arbitrator’s authority to resolve any dispute and to make written awards will be limited to Your individual claims. 
To the extent required by the applicable substantive law, Helzberg Diamonds shall pay arbitration-related fees and costs to the extent they are in excess of the fees and costs that You would be required to bear if the claim were brought in court. Each side shall pay its own other costs and attorneys’ fees unless the Arbitrator rules otherwise.  You will not be required to pay any fee or costs, however, if such a payment would invalidate this Agreement, and Helzberg Diamonds will instead make that payment.  To the maximum extent permitted by law, the Arbitrator shall award the prevailing party its costs and reasonable attorney’s fees; provided, however, that the arbitrator at all times shall apply the law for the shifting of costs and fees that a court would apply to the claim(s) asserted.
Notwithstanding any other provision of this Agreement or the AAA Rules referenced above, disputes regarding the scope, applicability, or enforceability of the Waiver may be resolved only by a civil court and not by an arbitrator. Either Party also may apply to a court of competent jurisdiction for provisional relief in connection with an arbitrable claim, including temporary or preliminary injunctive relief.
You and Helzberg Diamonds agree that there is not and has never been any intent, agreement, or expectation of the Parties to allow the prosecution of Mass Arbitrations, which are not permitted. As used in this Arbitration Agreement, “Mass Arbitrations” means and refers to when 30 or more arbitration demands asserting the same or similar claims are made and/or sought to be compelled by individuals during any rolling 52-week period, and such individuals are represented by the same lawyer(s) or law firm(s) and/or by one or more of several affiliated, associated or coordinated lawyers or law firms. In the event Helzberg Diamonds reasonably believes that there are Mass Arbitrations being asserted, it shall give written notice of such to the individual and Arbitrator (if appointed) in each of the arbitrations at issue and, upon giving such notice, Helzberg Diamonds shall not have any further obligation to arbitrate those arbitrations, and they shall be automatically stayed, pending Helzberg Diamonds seeking a determination from a court of competent jurisdiction that the arbitrations at issue are Mass Arbitrations. Helzberg Diamonds will not be required to pay any arbitration fees prior to and as a condition of seeking such a court determination. Should a court of competent jurisdiction hold that any arbitration demand made or sought to be compelled by any individual under this Arbitration Agreement is one of such Mass Arbitrations, then Helzberg Diamonds will not be required to arbitrate the disputes at issue therein, which instead will be litigated in a court of competent jurisdiction.
Nothing in this Arbitration Agreement requires arbitration of any claim that under the law (after application of Federal Arbitration Act preemption principles) cannot be made subject to a pre-dispute agreement to arbitrate claims.
This Arbitration Agreement is the complete agreement between the Parties on the subject of the arbitration of disputes and the subject of the Waiver and supersedes any prior or contemporaneous oral or written agreement on the subject. This Arbitration Agreement can only be revoked or modified by a writing signed by the Parties that specifically states an intent to revoke or modify this Arbitration Agreement, except that Helzberg Diamonds retains the right to make unilateral modifications to the Arbitration Agreement as required to comply with changes in the law.
If any term of this Arbitration Agreement is determined for any reason to be unenforceable, in whole or in part, such term or portion thereof shall be deemed stricken and the balance of this Arbitration Agreement shall continue in full force and effect.

terms and conditions of use: user-generated content

general user-generated content

By posting, distributing, sending, displaying or otherwise submitting any comment, message (including, without limitation, by email or text message), feedback, review, question, idea, suggestion, data, information, text, music, sound, photos, graphics or other content to or through the Site (the “User-Generated Content”), you: (A) grant, and represent and warrant that you have the right to grant, to Helzberg Diamonds an exclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, fully paid and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User-Generated Content throughout the world for any purpose including, without limitation, use in any promotion, advertising or media, whether now known or hereafter devised; (B) grant Helzberg Diamonds and its affiliates, transferees and sublicensees the right to use the name that you submit in connection with such User-Generated Content in all media in which the User-Generated Content can be used in accordance with these Terms and Conditions; (C) represent and warrant that (i) you solely own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site upon the terms described herein; (ii) such User Generated Content is accurate and not misleading; and (iii) the submission, use and posting or other transmission of such User-Generated Content does not violate these Terms and Conditions and will not violate any rights of, or cause injury to, any person or entity, including, but not limited to, any third party right of copyright, trademark, service mark, privacy, publicity or other intellectual property or personal or proprietary right; and (D) agree that Helzberg Diamonds is under no obligation to offer you any payment for the use of the User-Generated Content or to attribute authorship of User-Generated Content to you. You further grant Helzberg Diamonds the right to pursue at law any person or entity that violates your or Helzberg Diamonds’ rights in the User-Generated Content by a breach of these Terms and Conditions.

User-Generated Content you submit to or through the Site is deemed non-confidential and non-proprietary information, and Helzberg Diamonds is under no obligation to treat such User-Generated Content as your confidential or proprietary information. Without limiting the foregoing, Helzberg Diamonds reserves the right to use the User-Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User-Generated Content, by submitting User Generate Content, you agree that (A) you do not require that any personally identifying information be used in connection with the User-Generated Content, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion or exploitation of the User-Generated Content by Helzberg Diamonds or its agents; (C) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User-Generated Content; and (D) you release Helzberg Diamonds from any claims that you could otherwise assert against Helzberg Diamonds by virtue of any moral rights. Further, you hereby release Helzberg Diamonds and its affiliates, successors and assigns and waive any claims, demands, damages, losses, liabilities and causes of action against Helzberg Diamonds or its affiliates, successors or assigns for defamation, libel, invasion of privacy, publicity, personality or exploitation of your name.

use of chat rooms, bulletin boards and other interactive areas

The Site may contain forums, such as blogs, bulletin boards or other interactive areas, in which you or third parties may post content, messages, materials or other User Generated Content on the Site (the "Interactive Areas"). To the extent Helzberg Diamonds provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:

Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual's privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Material that promotes illegal drug use, tobacco or firearms use;
Material that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
Material that may infringe any patent, trademark, service mark, trade secret, copyright or other intellectual or proprietary right of any party;
Material that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation or association with or endorsement by a person or entity;
Unsolicited advertising or links to other commercial sites;
Names, addresses, telephone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of you or someone else;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Material that is unrelated to the topic of the Interactive Area(s) in which such material is posted;
Material that communicates messages inconsistent with the positive good will of Helzberg Diamonds; or
Material that, in the sole judgment of Helzberg Diamonds, is objectionable or potentially exposes Helzberg Diamonds or its users to any harm or disparagement.

Helzberg Diamonds takes no responsibility and assumes no liability for any User-Generated Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Helzberg Diamonds liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Areas, Helzberg Diamonds is not liable for any statements, representations or User-Generated Content provided by its users on the Site. Although Helzberg Diamonds has no obligation to screen, edit or monitor any of the User-Generated Content posted to or distributed through the Site (including any Interactive Area) or to respond to any comment posted on the Site, Helzberg Diamonds reserves the right, and has sole discretion, to remove without notice any User-Generated Content posted or stored on the Site.

violations and indemnity

Any use of the Site, including the Interactive Areas, in violation of these Terms and Conditions may result in termination or suspension of your permission to use the Site. Further, by submitting User-Generated Content, you agree to indemnify Helzberg Diamonds and its affiliates and their respective officers, directors, employees, agents, vendors, distributors and other representatives from and against any and all third party claims, demands, liabilities, losses, costs and expenses (including reasonable attorneys' fees) resulting from your breach of any representation, warranty, covenant or provisions contained in these Terms and Conditions.

privacy policy

You agree that Helzberg Diamonds may use and/or disclose personally identifying information that you submit to us and data we collect about activities of Site visitors consistent with our Privacy Policy.

miscellaneous

These Terms and Conditions may be amended by Helzberg Diamonds at any time and such changes shall be immediately effective upon posting the same to the Site. These Terms and Conditions shall be construed under and in accordance with the laws of the State of Missouri, without regard to the choice of law provisions thereof. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. All provisions of this Agreement shall survive in perpetuity.