BEAM may, in its sole discretion, modify or make additions to these Terms at any time, and you agree to be bound by any such modifications or additions. BEAM does not provide any warranty or guarantee as to the accuracy, completeness, or suitability of the information and materials found or offered on the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and BEAM expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law. It shall be your responsibility to ensure that any information or services available through the Website meets your specific needs and/or requirements.

The BEAM Website may contain links to third party websites that are not owned or controlled by BEAM. BEAM assumes no responsibility for the content, privacy policies, or practices of any third party website(s). By using the BEAM Website, you expressly relieve BEAM from any and all liability arising from your use of any third-party website.

BEAM undertakes reasonable efforts to ensure the accuracy of pricing data listed on the Website, but certain items may be mispriced. If the correct price of an item sold by BEAM is higher than the price stated on the Website, BEAM will, in its sole discretion, either contact you for instructions on whether you would like to purchase at the correct pricing or cancel your order.

Please note items purchased through our network of authorized retailers are subject to their return policies.

The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, digital downloads, data compilations, interactive features (“Content”) and the trademarks, service marks, graphics, scripts, and logos contained therein (“Marks”), are owned by or licensed to BEAM, subject to copyright, trademark and other intellectual property rights under the law. Content and Marks on the Website are provided to you as is for your informational use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of BEAM.

You are responsible for maintaining the confidentiality regarding your account, including but not limited to, passwords and usernames. Furthermore, you agree to accept responsibility for all activities and transactions that occur under your account or password. BEAM reserves the right, in its sole discretion, to refuse service, disable accounts, remove or edit Content, or terminate orders.

You may use the BEAM Website solely for purposes of use and enjoyment of the Website in accordance with these Terms. You may not incorporate any portion of the BEAM Website into your own websites or programs, or compile any portion of it in combination with your own websites or programs. You may not use the BEAM Website for any illegal purpose. When you use the BEAM Website, you may also be using the services of third parties. Your use of these third party services may be subject to separate policies, and you agree to be bound by third party policies in addition to these Terms.

You agree not to encourage, assist or authorize any copying, modification, reverse engineering, decompiling or disassembling, or tampering with any portion of the BEAM Website, or creating any derivatives from any portion of the Website.

BEAM may undertake automatic or manual updates to the Website at any time and without notice to you.

The BEAM Website may contain content including, but not limited to, images, audio, and video from third parties from third party websites or third party social media postings (collectively referred to as “User Generated Content.”)

BEAM does not endorse any User Generated Content or any opinion, recommendation, or advice contained therein, and BEAM expressly disclaims any and all liability in connection with User Generated Content. You understand that when using the BEAM Website, you will be exposed to User Generated Content (as defined below) from a variety of sources, and that BEAM is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Generated Content. You further understand and acknowledge that you may be exposed to User Generated Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BEAM with respect thereto, and agree to indemnify and hold BEAM, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

BEAM respects the intellectual property rights of others. If you believe that your work has been infringed, please submit a detailed report including a description of the work that has been infringed, a description sufficient to locate the material on the BEAM Website that is claimed to be infringing, contact information (including email address), and signature by the copyright owner or an agent authorized to act on your behalf. Infringement notices may be sent by email to [email protected].

Please review our Privacy Policy, which also governs your use of the BEAM Website and to understand our practices. The Privacy Policy can be found at the following link: http://www.BEAMdiamondcompany.com/privacy-policy

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BEAM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BEAM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. BEAM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BEAM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT SHALL BEAM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT BEAM SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

You agree to defend, indemnify and hold harmless BEAM, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the BEAM Website; (ii) your violation of any term of these Terms; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of the BEAM Website.

You agree that all matters relating to your access to or use of the BEAM Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to conflict of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts located in Los Angeles County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

If any portion of any provision of the Terms is found to be invalid, the provision shall be deemed deleted as if it were never part of the Terms, but all other provisions and remaining portions of any provision which are valid shall continue in full force. The parties agree that the substantive law of the State of California shall govern the Terms and all actions related to it. By using the website you expressly consent to the personal jurisdiction of the State or Federal Courts located in Los Angeles, California with respect to any dispute arising out of the Terms of Service or your use of the website.