Terms of Use

Terms of Use

These Terms of Use are entered into by and between you, the user, (“You”) and Diamante Holdings, Inc. and its affiliates (“Diamante,” "We," or “Us”) and govern your use of www.paycircle.io, www.diamcircle.io, www.diamanteblockchain.com, and http://sale.diamcircle.io (each, a "Website"). By using the Website, you agree to these Terms of Use.

The Website is offered and available to persons residing in the United States. We make no claims that the Website or any of its content or services of Diamante are accessible or appropriate outside of the United States. Access to the Website or use of services offered by Diamante may not be legal by certain persons or in certain countries. If you reside or are located outside the United States, you are responsible for compliance with local laws. By using the Website, you represent and warrant that you reside in the United States and are of legal age to form a binding contract with Diamante.

Important Notice Regarding Claims and Agreement to Arbitrate

These Terms of Use contain certain Disclaimers and Limitations on our Liability, and a binding Arbitration Clause and Class Action Waiver, which waives your right to sue in court or seek a jury trial for disputes relating to your use of the Website. These are found in the Disclaimer of Warranties, Limitation of Liability and Indemnification and Arbitration Sections below. Please read these terms carefully and make sure that you understand them before using the Website. If you do not agree to such terms, please do not use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Accessing the Website and Account Security

We reserve the right to modify or discontinue the Website, and any service or material we provide on the Website. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of its resources, you may be asked to provide certain registration details or other information, such as creating an account. It is a condition of your use of the Website that all the information you provide on the Website is complete, true, correct, and, at all times, current. All information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately (but in no event more than twenty-four (24) hours following discovery) of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. Please use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We may disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and all content, features, and functionality thereon, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Diamante, its affiliated entities, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. No right, title or interest in or to the content of the Website or Diamante Platform is transferred to you, and all rights not expressly granted are reserved by Diamante. Any use of the Website and Diamante Platform not expressly permitted by this Agreement is a breach hereof and may violate copyright, trademark and other laws.

Trademarks

Diamante and the terms PAYCIRCLE, [*] and all related names, logos, product and service names, designs, and slogans on the Website are registered and unregistered trademarks and trade names of Diamante or its affiliated entities or licensors. You must not use such marks without the prior written permission of Diamante. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate Diamante, a Diamante employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Diamante or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is provided 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.

Linking to the Website and Social Media Features

The Website may not be linked to or framed without authorization. The Website may contain certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Website.
  • Send e-mails or other communications with certain content, or links to certain content, on the Website
  • Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use any such features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions thereof to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Third Party Links

If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Non-Confidential Communication

The Website may contain generally available means by which users can contact us, such as “Contact Us” forms. Please note that any personal or contact information that you may provide to us through such means will be governed by our Privacy Policy. Although we encourage visitors to contact us through our Website, please do not submit any information that you consider to be confidential or proprietary via such means. For the sake of avoiding any confusion or misunderstanding, please note that all information, ideas, suggestions, improvements or other communications you transmit to us via the Website shall be on a non-confidential basis and shall become the property of Diamante. Diamante and those it authorizes shall be free to reproduce, use, disclose or distribute such communications without limitation, compensation to you or other obligation.

Disclaimer of Warranties, Limitation of Liability and Indemnification

Disclaimer of Warranties. We take reasonable steps to provide secure, timely, accurate and complete information on the Website. However, it is possible that information contained or made available on the Website may be incorrect or not current. Further, the Internet has inherent risks and we cannot guarantee that your access to and use of the Website will be uninterrupted or error free or that the Website, or sites to which it may link, will be free from loss, corruption, attack, interference, hacking or other security intrusion. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our sites for any reconstruction of any lost data.

If you notice any errors or omissions in the information contained on the Website or other concerns, please report them to us for investigation.

YOUR USE OF THE WEBSITE AND THE CONTENT PROVIDED ON THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND THE CONTENT PROVIDED ON THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, ACCURACY OF INFORMATION, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the websiTe OR THE CONTENT PROVIDED ON THE WEBSITE, OR ANY HYPERLINKS ON THE WEBSITE to other Internet resources.

Limitation of Liability: DIAMANTE AND ANY OF its parents, subsidiaries, affiliates, officers, directors, employees, agents, successors and assigns (the “Diamante Parties”) shall not be liable for damages or losses of any kind arising out of or in connection with your use of the Website or any CONTENT provided on the Website, including but not limited to, damages caused by your reliance on the accuracy, completeness or timeliness of information provided on the Website or your provision of information to the Website, except that the foregoing shall not preclude recovery of damages for personal injury, loss or damage to personal property, or unauthorized use or disclosure of personally identifiable information caused by the DIAMANTE Parties’ negligence, gross negligence, recklessness, fraud or other wilful, unconscionable or intentional misconduct. Nothing herein shall be construed to limit the clearly established legal right of a consumer to recover attorneys’ fees or other remedies afforded by statute or other law.

Indemnification: You agree to defend, indemnify and hold harmless the Diamante Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website content other than as expressly authorized in these Terms of Use, your violation of the rights of a third party, or any negligent acts, omissions or intentional wrongdoing by you. Any such indemnification shall be conditioned on the indemnified party: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. The indemnified party shall be entitled to participate in such defense at its own cost and expense.

The foregoing Disclaimer of Warranties, Limitation of Liability and Indemnification provisions shall apply to the fullest extent permitted by law.

Arbitration

THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A BINDING ARBITRATION PROVISION AND A CLASS-ACTION AND JURY TRIAL WAIVER.

Diamante and you agree to attempt informal resolution of any dispute arising in connection with this Agreement, my Diamante Account, or the Diamante Services prior to any demand for adjudication of any kind and to notify each other in writing of any such dispute within thirty (30) days of when it arises. Notice to Diamante shall be sent to support@diamanteblockchain.com Diamante and you further agree that if we cannot solve such dispute informally, any such dispute shall be finally settled in binding arbitration, on an individual basis, in accordance with the American Arbitration Association’s rules for arbitration of consumer-related disputes, and Diamante and you hereby expressly waive trial by jury and right to participate in a class action lawsuit or class-wide arbitration. The arbitration will occur in Delaware and will be conducted confidentially by a single, neutral arbitrator. You agree to bear your own attorney’s fees, costs, and expenses. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law, and the arbitral decision may be enforced in any court. Any dispute between the parties will be governed by this Agreement and the laws of the State of Delaware and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Diamante and you further agree that the state or federal courts in Delaware have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. In the event the prohibition on class arbitration or any other provision of this Section is deemed invalid or unenforceable, then you agree and understand that the remaining portions of the arbitration provisions in this Section will remain in full force and effect.

Governing Law

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with United States Federal law, where applicable, and the internal laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would require the application of a different state’s law.

Waiver and Severability

No waiver by Diamante of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Diamante to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement and Conflicting Provisions

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Diamante with respect to Your use of the Website. In the event of a conflict between these Terms of Use and the Referral Program Terms, the Referral Program Terms shall control. If you have a Diamante Account, in the event of a conflict between these Terms of Use and the User Agreement, the User Agreement shall control.

Your Comments and Concerns

If you have comments, questions or requests for technical support, please contact us at: support@diamanteblockchain.com..

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