Service Agreement / Privacy Policy
- OUR PROPRIETARY RIGHTS
Our Service and all logos, trademarks, buttons icons, images, pictures, graphics, and content used in connection with our Services(collectively referred to as "Our Content") are protected under U.S. intellectual property laws, and are exclusively owned and/or controlled by us.
UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF OUR CONTENT IS PROHIBITED.
- DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR OUR RESPECTIVE SUPPLIERS MAKE REPRESENTATIONS ABOUT THE AVAILABILITY OF THE SERVICE OR THE CONTENT YOU OR OTHER USERS SUBMIT. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FURTHER, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY SERVICE OFFER BY OTHER USERS, ANY ACTION OR INACTION BY OTHER USERS, INCLUDING OTHER USER’S FAILURE TO COMPLY WITH THE TERMS OF THE AGREEMENT. THE FUNCTIONS AND FEATURES OF THE SERVICE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY CONTENT. YOU ASSUME THE ENTIRE RISK OF LOSS OF CONTENT AND/OR DAMAGE DUE TO YOUR USE OF THE SERVICE.
IF ANY PROVISION OF THIS AGREEMENT IS DEEMED UNENFORCEABLE UNDER APPLICABLE LAW, SUCH PROVISION SHALL BE SEVERED FROM THIS AGREEMENT, AND THE REMAINING TERMS SHALL BE CONSTRUED AS IF SUCH PROVISION WERE NEVER INCLUDED, AND SHALL REMAIN ENFORCEABLE TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
Other online platforms may allow users to link their Polished Diamond Accounts and share their Content from their accounts to the other online platform. When you share any of your Content in this way, you will still be bound by this Agreement as a Member, but you may also be subject to any terms of service or other agreements that govern that other online platform. Any of the Company’s advice, opinions, or other information posted on, or offered or provided within or through the Polished Diamond Site or otherwise provided through the Service under this Agreement are for informational and entertainment purposes only and are not intended to replace or be a substitute for professional, financial, medical, legal, or other expert advice. The Company makes no representations or warranties and expressly disclaims any liability for any outcomes, treatment, action, or effect on any person resulting from reliance on any such advice, opinions or other information posted on, or offered or provided within or through the Polished Diamond Site or any other part of our Service If you have specific concerns or encounter a situation that requires professional or medical advice, you should consult with a qualified and appropriately trained specialist and seek immediate attention from the relevant professional.
WE RECOMMEND THAT YOU CONSULT WITH AN ATTORNEY BEFORE ENTERING INTO THIS AGREEMENT.
- NO CRIMINAL BACKGROUND SCREENING
- The Company, in its discretion, may make its Polished Diamond PSocial Club (as defined below) available to its Members at any time and from time to time. For purposes of this Agreement, the term “Polished Diamond Social Club” means a voluntary program offered by the Company pursuant to which: (i) a Member provides the Company with copies of the Member’s financial information in a form as required by the Company; and (ii) based solely on the Company’s review of the data provided by the Member in the Member’s profile to signal to others that the Member is a Diamond. A Member can voluntarily participate in the then-current Diamond Badge Program that is offered by the Company on the Polished Diamond Site.
- VIP-DIAMOND CREDIT PROGRAM
- POLISHED DIAMOND may make its Credit Level Program (as defined below) available to its Members at any time and from time to time. For purposes of this Agreement, the term “Credit Level Program” means that when a member opts into the VIP monthly plan, they are provided with a diamond added to their profile:
- The Member hereby grants the Company a right to use the Member Financial Records and the Credit Reports for all purposes needed or useful for the Company to carry out the Polished Diamond Travel Package Plan
- In addition to the limitations and disclaimers above, you further acknowledge and accept that the Company does not conduct any type of criminal background checks, background checks, or any other screening of its Members or any other users of its Services. While we aim to foster a respectful and secure user experience, we do not represent, guarantee, or warrant the behavior, accuracy of information, or suitability of any Member or other user, whether on or off our Service.
You assume all risks associated with using the Services, including, but not limited to, risks arising from online or offline interactions with other Members and other users. It is crucial to exercise caution and good judgment when communicating with or meeting strangers. Always prioritize your safety and take appropriate precautions during interactions.
The Company reserves the right, at its sole discretion, to conduct criminal background checks or other screenings, but has no obligation to do so and, if it does so, will use a scope of search at its sole discretion. By using our Services, you hereby authorize the Company to perform such screenings if the Company elects to do so (in its sole discretion). You further agree that any information you provide may be used for these purposes. If the Company elects to conduct any screenings through a consumer reporting agency, you further authorize us to obtain and use a consumer report in accordance with applicable laws to evaluate your compliance with this Agreement.
You are solely responsible for your interactions with other Members and all other users. The Company does not, and cannot, guarantee your safety and is not a substitute for your own responsibility in following safety guidelines and taking necessary precautions. Communications you receive through the Services, including notifications sent by the Company through the Services, may stem from users misusing the Services for fraudulent, harassing, or other improper purposes, and you hereby release the Company from any liability from such users.
If you wish to report behavior of other Members that violates the contractual terms and conditions of this Agreement, you can use the contact us provided; however, you agree that the Company is under no contractual or legal obligation to take any action whatsoever in response to the information you have provided the Company in any such Report.
- LIMITATION OF LIABILITY
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. WE AND OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
WITHOUT LIMITING THE FOREGOING, YOU HEREBY FURTHER AGREE THAT:
(A) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING FROM OR RELATING TO YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING FROM THE LOSS OR CORRUPTION OF DATA OR PROGRAMS, INTERRUPTIONS IN SERVICE, OR THE NEED TO OBTAIN SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES; AND
(B) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF THE SERVICE (INCLUDING WITHOUT LIMITATION ANY USE OF THE POLISHED DIAMOND SITE).
(C) IF YOU ARE A UNITED STATES RESIDENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
You agree that we are not responsible for damages or losses arising from fraudulent, misleading, or inappropriate (including, without limitation, by other members), including but not limited to identity theft, financial scams, or misrepresentation on the platform. You further acknowledge: (A) that online interactions involve inherent risks and that you accept these risks, and (B) that you should exercise caution when engaging with other users (including, without limitation, other members).
Additionally, we do not guarantee that our services will be uninterrupted, error-free, or completely secure. We are not responsible for any service failures, cyberattacks, system outages, or technical malfunctions that may affect the availability or performance of our POLISHED DIAMOND site or our services.
- INDEMNIFICATION
You hereby agree to indemnify, defend and hold the Company harmless and our parent entites, subsidiaries, affiliates, officers, directors shareholders, and agents for any and all loss, cost, disputes, demands, claims and liabilities (including reasonable attorneys’ fees) arising out of or incurred due to: (i) your breach of the Agreement, including without limitation any violation of the “Restrictions/Code of Conduct” provisions set forth in Section 5 herein; (ii) your use or misuse of the Service; (iii) your violation of any law or the rights of any third party; and/or (iv) your interaction with other Members or other Service users.
- TERMINATION
- You may terminate your Membership at any time by discontinuing use of the Service. At that time, we may delete Content you have submitted via the Service in accordance with our Privacy Policy, but subject to our retention and use rights set forth herein. If you have a dispute with us, the Service, or with, immediately cease all use of the Service. Ceasing all use of the Service is your only remedy with respect to any such dispute that you may have with us. If we terminate your Membership and all of your underlying Subscriptions after the Trial Period has ended, you will not be entitled to any refund of unused subscription feesIn the event you breach any of the terms or conditions of this Agreement or the Privacy Policy, the Company has the right to exercise, at its election, any one or more of the remedies available to the Company at law, equity, or contract, including, without limitation, exercising any one or more of the following:
(i) the Company shall have the right to immediately terminate this Agreement, including, without limitation, permanently terminating the Member’s status as a Member and all underlying Subscriptions; and/or
(ii) the Company shall have the right (at its sole election, but without any obligation to do so) to enforce the Restrictions/Code of Conduct set forth in Section 5 (including, without limitation, the Covenant Not to Misuse Other Member’s Personal Information) against the breaching Member at any time.
- You may terminate your Membership at any time by discontinuing use of the Service. At that time, we may delete Content you have submitted via the Service in accordance with our Privacy Policy, but subject to our retention and use rights set forth herein. If you have a dispute with us, the Service, or with, immediately cease all use of the Service. Ceasing all use of the Service is your only remedy with respect to any such dispute that you may have with us. If we terminate your Membership and all of your underlying Subscriptions after the Trial Period has ended, you will not be entitled to any refund of unused subscription feesIn the event you breach any of the terms or conditions of this Agreement or the Privacy Policy, the Company has the right to exercise, at its election, any one or more of the remedies available to the Company at law, equity, or contract, including, without limitation, exercising any one or more of the following:
- CHANGES TO SERVICES AND TERMS OF THE AGREEMENT
The Company reserves the right to change the terms of this Agreement from time to time or at any time, including without limitation: (i) modifying, suspending, or discontinuing (in whole or in part) any feature, or add new features associated with your access and use of the Service; or (ii) adjusting the availability of features within our subscription plans (collectively, a “Change(s)”). The Company reserves the right to make these Changes by giving any notice that the Company deems reasonable (both in form and where such notice will be posted), provided, however, the Company reserves the right not to give a separate or individualized notice to you of such Changes. We shall not be liable to you for any Changes, including without limitation any addition, modification, suspension, or discontinuance (in part or wholly) to or of the Service and/or features associated with the availability or use of Content. Without limiting the foregoing, in any way, pursuant to any such Changes, we reserve the right to: (i) establish additional policies and practices concerning use of the Service; and/or (ii) change any term of this Agreement (in part or in whole) at any time, with or without prior notice. If, as a part of any such Changes, we add any new features that do not materially affect the Services and terms of the Agreement, we may not update this Agreement. Such new features are provided pursuant to the terms of this Agreement, and any specific terms provided with each feature.
YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE POLISHED DIAMOND SITE FOR ANY CHANGES. BY CONTINUING TO ACCESS OR USE THE POLISHED DIAMOND SITE OR OUR SERVICES, YOU ARE HEREBY DEEMED TO HAVE ACCEPTED SUCH CHANGES AND TO BE LEGALLY BOUND BY SUCH CHANGES AND BY THIS AGREEMENT AS IT IS UPDATED BY SUCH CHANGES.
- AFFILIATE AND THIRD PARTY SITES
- As explained in Section 1 ( Introduction), in addition to the Polished Diamond Site, the Company works with a number of Affiliate Sites as defined above.
These Affiliate Sites potentially increase the number of individuals with whom you may have a match by facilitating the registration of additional Members. Your profile and any Content you upload or provide will be made available to Members of the, including those who join the Polished Diamond Site, by way, or by referral from any Affiliate Sites. All Members who register for the Polished Diamond Site consent to and are bound by the terms of this Agreement.
- We may share Member profiles or other information with these Third Party Sites only pursuant to this Agreement, including, without limitation, in the Privacy Policy. However, before directing you to the MillionaireMatch Site or an Affiliate Site, these Third Party Sites may collect data or solicit personal information from you. We neither own, operate, nor control such Third Party Sites and are not responsible for their content or actions. Please read the terms and conditions and privacy policies of any Third Party Site that links to our Service before providing that Third Party Site with your data.
- From time to time, the Company may make available third-party opinions, advice, statements, offers, or other content on the Polished Diamond Site and/or through the Service. All third-party content is the responsibility of its respective authors and should not be considered as endorsed, verified, or guaranteed by the Company. The authors of such third-party content are solely accountable for its accuracy and validity.
The Company does not: (I) guarantee the accuracy, completeness, or usefulness of any third-party content on the the Polished Diamond Site or provided through the Service; or (II) adopt, endorse, or assume responsibility for the accuracy or reliability of any opinion, advice, statement or other information made or provided by any third party on the Polished Diamond Site or Service.
Under no circumstances shall the Company, its affiliates, or subsidiaries be liable for any loss or damage resulting from reliance on any information, opinions, advice, or any other content posted on the Polished Diamond Site, provided through the Service, or transmitted to or by any Members.
- Links to other websites made available by or through the Polished Diamond Site or any other part of the Service are provided only for your convenience. We are not responsible for, and do not control, approve, or endorse these linked websites and the information or any other content contained therein.
- Paid members of Polished Diamond VIP may access exclusive shopping on our portal, which is operated by Polished Diamond for product display only. When users click on a product, they will be redirected to third-party merchant platforms to complete their purchases.
Polished Diamond does not participate in any sales activities, does not collect commissions or share in any revenue, and is not responsible for the following:
The quality, authenticity, or accuracy of product descriptions
Price changes or product availability
Order fulfillment, shipping, or after-sales services
Any disputes arising from transactions or refund issues
All transactions are conducted solely between the user and the third-party merchant. Users assume full responsibility for their interactions and agreements with third-party sellers.
- As explained in Section 1 ( Introduction), in addition to the Polished Diamond Site, the Company works with a number of Affiliate Sites as defined above.
- PRIVACY
For the purpose of this Agreement, the following terms have the following meanings:
(i) “Personal Information” mean any and all personal information of, about, or related to a Member that is gathered, collected, recorded, held, distributed, shared, disclosed, or otherwise used (collectively “Process” or “Processed”) as part of, or during the Member’s access and use of the POLISHED DIAMOND Site or any other part of the Service, including without limitation the Member’s Content (as such term is defined in Section 3.2 herein).
MINORS
Underage use of our Service is prohibited. Our privacy practices are consistent with the Federal Children’s Online Privacy Protection Act ("COPPA"), and we will not knowingly request or collect personal information from any child under the age of majority. If a child under 19 submits personal information to us and we learn that such information is of a child under 19, we will make commercially reasonable efforts to delete the information as soon as possible. If you believe that we might have collected any personal information from a child under the age of 19, please contact us at support@ contact us. BY REGISTERING FOR AN ACCOUNT, YOU REPRESENT THAT YOU ARE AN ADULT OVER THE AGE OF 19, HAVE THE CAPACITY TO CONSENT, AND AGREE TO BE PERSONALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.
Posting or transmitting material that exploits individuals under 19 years old, requesting personal information from anyone under 19, failing to report knowledge of an individual under 19 to support<AT>polishediamond.com, or continuing to use the Polished Diamond Site or the Service to interact with anyone you know or suspect is under 19, is strictly prohibited and a breach of this Agreement. Any violation of these rules will lead to the termination of this Agreement and your Membership and may result in a referral to law enforcement or other agencies, including the National Center for Missing and Exploited Children.
- ACCESSIBILITY STATEMENT
We care about our community and strive to incorporate Web Content Accessibility Guidelines 2.0 (WCAG) and other measures to assist with making our Service user-friendly and accessible to visitors with disabilities.
Please contact us by email at supportpolishediamond.com or contact us for assistance with accessing and using the Service.
- COMMUNICATIONS
By agreeing to the terms of this Agreement, you consent to receive communications sent from or on behalf of us regarding the Service, Content, and/or your rights and obligations under this Agreement. We may use the phone number or other contact information you provide to communicate with you about account matters, verify your identity, provide service updates, deliver customer support, and send promotional or marketing communications where permitted by law. You may opt out of receiving marketing communications at any time.
- GENERAL
- Governing Law. Regardless of where you live or from which physical location you access our Service, the substantive and choice of law provisions of the State of Nevada shall apply to this Agreement and your access and use of the Service, and any action related thereto, without regard to Nevada’s conflict of law provisions. Alternative Dispute Resolution.
- Personal Use Only - No Commercial Activity Permitted
1. Marketing or promoting products/services not provided by the Company to other users;
2. Organizing commercial gatherings, business networking events, or social functions for profit;
3. Engaging in unauthorized media or press activities (media inquiries must be sent to press<AT>millionairematch.com);
4. Gathering business leads or customer data for any commercial purposes (regardless of whether such activities occur on or off the platform); and
5. Data mining, scraping, or unauthorized collection of platform information.