By  , Wednesday, September 20, 2006

Welcome to the Whiteflash.com website. Whiteflash.com provides its services to you subject to the following terms, conditions, and provisions ("Terms and Conditions"). By accessing, viewing, or using this site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and you accept and agree to be bound by these Terms and Conditions. Whiteflash.com reserves the right to change these Terms and Conditions at any time for any reason, and your continued use of this site following any modifications will be deemed to constitute acceptance of such modifications.

 

Copyright. Unless otherwise indicated, all content on this site, including text, graphics, images, and logos, is the property of Whiteflash Inc. or its content suppliers and is protected by United States and international copyright laws and regulations. In addition, Whiteflash Inc. owns a copyright on this site as a collective work or compilation, and in the selection, coordination, enhancement, and arrangement of the siteOs content. Except as expressly provided herein, Whiteflash Inc. does not grant any express or implied right to you. Whiteflash Inc. actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The contents of this site are Copyright © 2000-2006 Whiteflash.com, Inc. All rights reserved.

Diamond Images. All Whiteflash ACA and Expert Selection diamond images are photos of the actual diamond. Whiteflash ACA diamonds that are inscribed with the logo and the certificate number are your guarantee of the consistent Hearts and Arrows image.

Trademarks. Whiteflash.com and other names, graphics, logos, and icons identifying Whiteflash Inc. or its products or services are the proprietary marks of Whiteflash.com, Inc. These trademarks may not be used in connection with any product or service that is not Whiteflash.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Whiteflash.com. All other trademarks not owned by Whiteflash.com that appear on this site are the property of their respective owners.

License. These Terms and Conditions provide you with a personal, revocable, nonexclusive, nontransferable license to use this site conditioned on your continued compliance with these Terms and Conditions. You may use this site solely for your personal, noncommercial use , and you may download a single copy of the materials from this site only for personal, noncommercial home use, as long as you agree not to remove any copyright, trademark, or other proprietary notices from the materials downloaded. Except as expressly provided herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, deep link, or otherwise use any information or material obtained from or through this site without the prior written permission of the materialOs owner. As a condition of your use of this site, you warrant to Whiteflash.com that you will not use this site for any purpose that is unlawful, unauthorized, or inconsistent with these Terms and Conditions, and you agree that this license to use the Whiteflash.com web site will terminate immediately upon your violation of this warranty. Whiteflash.com reserves the right to terminate your access to this site and its content at any time, with or without notice, at our discretion.

Pricing. Despite WhiteFlash’s best efforts, a small number of the items listed on our website may be mispriced or subject to error. Prior to shipment of every order, we verify the pricing, and will do the following if we discover a mispriced item:

  • If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
  • If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been confirmed and charged to your credit card, WhiteFlash will immediately issue a credit in the amount of the incorrect price.

Prices and items are subject to change without notice. We are not responsible for, and will not honor, typographical or calculation errors.

Disclaimer

ALL DIAMONDS ARE SUBJECT OF AVAILABILITY

ALL DIAMOND PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE

WHILE WHITEFLASH.COM ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE MATERIALS AVAILABLE, THE INFORMATION, MATERIALS, PRODUCTS, PRICING, AND SERVICES AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES, TYPOGRAPHICAL ERRORS, OR OUTDATED INFORMATION. MOREOVER, WHITEFLASH.COM MAY MAKE MODIFICATIONS OR CHANGES TO THE SITE OR THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON. WHITEFLASH.COM IS NOT RESPONSIBLE FOR AND NEED NOT HONOR TYPOGRAPHICAL OR PRICING ERRORS ON THE SITE; Whiteflash.com RESERVES THE RIGHT TO REFUSE OR CANCEL ORDERS AT ANY TIME, INCLUDING BUT NOT LIMITED TO ORDERS THAT CONTAIN INCORRECT PRICES OR PRODUCT DESCRIPTIONS, ORDERS IN WHICH WHITEFLASH.COM BELIEVES THE CUSTOMER HAS VIOLATED APPLICABLE LAW, AND ORDERS THAT WHITEFLASH.COM BELIEVES ARE HARMFUL TO WHITEFLASH.COM OR ITS AFFILIATES. WHITEFLASH.COM ALSO RESERVES THE RIGHT TO LIMIT THE NUMBER OF ITEMS PURCHASED OR ORDERS PLACED THROUGH THIS SITE.

YOU ASSUME THE SOLE RISK OF MAKING USE OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE. WHITEFLASH.COM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED IN THIS SITE FOR ANY PURPOSE. EXCEPT AS SET FORTH IN THE WHITEFLASH.COM WARRANTY POLICY STATEMENT APPLICABLE TO PRODUCTS SOLD ON THE WHITEFLASH.COM WEBSITE, ALL INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ARE PROVIDED OAS ISO WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

All packages being shipped to a destination within Texas State are required to include sales tax, which is added to the cost of the diamond or diamond jewelry. Customers receiving shipments outside of the state of Texas are responsible for reporting or adhering to their own state or country tax laws. We reserve the right to refuse any transaction.

We do discount transactions for cash payments that arrive by bank wire or cashiers checks. While every effort is made to prevent typographical errors, we are not responsible for errors and/or omissions. Whiteflash.com shall retain all rights, title and interest in and to the Materials including all U.S. and international copyright laws protecting such materials. Except as necessary to use the site for its intended purposes, you shall not reproduce, display, use, modify, transmit or distribute the Materials, in whole or in part. Any unauthorized use of the Materials or any fraudulent, abusive, or otherwise illegal activity shall be grounds for termination of your right to access the Site or use the Materials. Whiteflash.com reserves the right to terminate your access to the Site and the Materials at any time, with or without notice. You should be aware that the Materials include proprietary information belonging to Whiteflash.com and, therefore, that you may be liable for infringement or misappropriation or other legal action if you misuse the Materials.

Risk of Loss. All items purchased from Whiteflash.com are made pursuant to a shipment contract; the risk of loss and title for such items pass to you upon delivery of the items by the carrier.

Linked Sites. This site contains links to sites owned and maintained by persons or entities other than Whiteflash.com. Whiteflash.com does not regularly review materials posted, or products or services offered, on the websites to which this site is linked. Whiteflash.com does not necessarily endorse all of the materials, products, and services available on such linked sites, and Whiteflash.com expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the products and services offered at any linked site. Any decision to view the contents of any linked site is solely yours and is made at your own risk.

Submissions. Whiteflash.com welcomes your comments about your experiences shopping with us and your suggestions about how to improve this site. Any comments, ideas, suggestions, information, or any other content you contribute to Whiteflash.com or this site (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Whiteflash.com to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content?without additional approval or consideration?in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this site and that use of your content by Whiteflash.com will not infringe upon or violate the rights of any third party.

Indemnity. You agree to indemnify, defend, and hold harmless Whiteflash.com, its affiliates, and all of their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneysO fees and litigation expenses) relating to or arising from your use of this site or any breach by you of these Terms and Conditions.

Applicable Law. This site is created and controlled by Whiteflash.com in the State of Texas, U.S.A. The laws of the State of Texas will govern these Terms and Conditions (without giving any effect to the principles of conflicts of laws) as such laws are applied to agreements entered and to be performed entirely within Texas between Texas residents. Any action to enforce these Terms and Conditions will be brought in the federal or state courts presiding in Houston, Texas, U.S.A., and all parties expressly agree to be subject to the jurisdiction of such courts. This site is controlled and operated by Whiteflash.com from its offices within the United States. Whiteflash.com makes no representation that materials in this site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this site are illegal is prohibited. Further, Whiteflash.com makes no representation that the products and services available for sale or use on this site are appropriate or available for use in other locations, and use or purchase of such products or services from territories where such purchase or use is illegal is prohibited. If you choose to access or make purchases from this site from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws.

Entire Agreement. These Terms and Conditions, together with Whiteflash.comOs shipping policy, privacy policy, returns policy, warranty policy, security policy, contest and sweepstakes rules, gift certificate rules, coupon rules, and other rules and policies posted on the site, which are hereby incorporated as if set forth fully in these Terms and Conditions, constitute the entire agreement between you and Whiteflash.com with respect to your use of and material available through the site, and they supersede all prior or contemporaneous communications and proposals between you and Whiteflash.com with respect to this site. Any rights not expressly granted in these Terms and Conditions are reserved.

General. In the event that any provision contained in these Terms and Conditions is held by a court of competent jurisdiction to be contrary to any law, the remaining provisions of these Terms and Conditions will remain in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Whiteflash.com as a result of these Terms and Conditions or your use of this site. The waiver by Whiteflash.com of one breach or default under these Terms and Conditions shall not constitute the waiver of any subsequent or other breach or default.

Whiteflash.com is a venue of Whiteflash.com, Inc. in the United States. All rights reserved. All other trademarks, product names, and company names and logos appearing on Whiteflash.com are the property of their respective owners.

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