These terms and conditions apply to the web site located at www.yeardiamonds.com, and all associated web sites linked to www.yeardiamonds.com (collectively the “Site”) its subsidiaries and affiliates. Please read these terms and conditions (the 'Terms and Conditions') carefully. BY VISITING AND/OR USING THE SITE IN ANY WAY, SUCH AS BROWSING PRODUCT OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not wish to be bound by these Terms and Conditions, do not access or use the Site.

ARBITRATION

These Terms and Conditions and your use of this Site shall be governed by and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity or any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or purchases from the Site thereof (collectively, "Claims") shall be resolved by binding arbitration, as described below, instead of in court, except that each party retains the right to bring an individual action in small claims court. You further agree that arbitration must be on an individual basis and that you are hereby waiving your right to join or consolidate Claims in arbitration or arbitrate any claims as a representative or member of a purported class. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. This arbitration provision shall survive the termination of these Terms and Conditions, as well as any other contractual agreement that you may have with the Company.

You acknowledge and agree that, by agreeing to these Terms and Conditions, the Federal Arbitration Act (“FAA”) shall govern the interpretation and enforcement of this provision and that any such arbitration must proceed with the American Arbitration Association ("AAA"), before a mutually agreed-upon single arbitrator licensed to practice law. It will be conducted in accordance with the then-prevailing Arbitration Rules of the AAA and the arbitrator shall be bound by these Terms and Conditions. The arbitrator shall have authority to award or grant legal, equitable, and declaratory relief. Such arbitration shall be final and binding on the parties and shall remain private.

In case of European cross-border dispute, you can contact the "Online Dispute Resolution" platform of the European Union via this link: ec.europa.eu/odr

Change of Terms

These Terms and Conditions govern your use of, and any purchase from, the Site, and constitute an agreement between you and YearDiamonds. We reserves the right to change or add new terms to any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or addition will be effective immediately upon posting of the revisions or additions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

Site Content

The Site and all content and other materials, including, without limitation, the YearDiamonds logo, and all designs, text, icons, graphics, logos, images, pictures, selection, coordination, 'look and feel', information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of YearDiamonds or its affiliates or licensors and are protected by United States and international trade dress, copyright laws, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Copyright in Site Materials is owned by or licensed to YearDiamonds. You are authorized to use this material only for personal, non-commercial purposes. You may download, print and store copies of this material for your own personal, non-commercial use. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Site without the written permission of YearDiamonds or any third party that may own such trademarks or service marks.

Trademarks

YearDiamonds™, the YearDiamonds™ logos, and any other product or service name or slogan contained in our Site are trademarks of YearDiamonds and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of YearDiamonds or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing "YearDiamonds" or any other name, trademark or product or service name of YearDiamonds without our prior written permission. All other trademarks, registered trademarks, product names and logos mentioned in our Site are the property of their respective owners.

Use Of the Site

You are granted a personal, limited, non-sublicensable license to access and use our Site and electronically copy (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of our Site or the Site Materials therein; (b) the collection and/or use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our Site in any way which interferes with the normal operation of our Sites; or (i) any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of AJS, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.

Product Availability

On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.

On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third-party fulfillment provider's inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.

If you are interested in a piece of jewelry that is currently on back order, email us and we can tell you when the item will be back in stock. Sometimes with the volume of orders we receive, an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options.

Pricing

In rare circumstances, data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. Inadvertent errors or inaccurate advertised prices are not binding on YearDiamonds, and may be adjusted by YearDiamonds at any time. YearDiamonds reserves the right to correct any and all errors when they do occur. If an order is placed with a product's listed price that is lower than the actual price, AJS will, at its discretion, either advise the customer before shipping the product or cancel the order and notify the customer of such cancellation. Our prices are also subject to change without notice. Should YearDiamonds change a retail price, offer a site discount, or offer a promotional discount via email, social media advertisement, or other advertisement, YearDiamonds will, in its sole discretion, match the lower or discounted price upon notification by you within thirty (30) days of your original purchase. In the case of a price match, YearDiamonds will issue a credit for the difference of the price paid less the discounted price to the original purchase method. YearDiamonds does not price match finished jewelry against any other website or competitor. YearDiamonds does price match loose diamonds against US competitors. If you have any questions, please do not hesitate to contact one of our specialists at yeardiamonds@gmail.com

Loose Diamonds Price Match Guarantee Terms & Conditions

Price Match is only available on loose lab grown diamonds, and not finished/complete pieces of jewelry. Diamonds available to be set in our Design Your Engagement Ring section are eligible for Price Match review.

The following terms and conditions apply to the loose diamond price match guarantee: (a) The competing price should be publicly visible to all, and cannot be a unique or individual sale. Diamond marketplace sites that average listings from other retailers are not eligible for the price match program; (b) The two lab created diamonds being compared must have the same characteristics of carat weight, cut, color and clarity, as well as the shape. YearDiamonds agents will have the sole discretion as to whether or not the diamonds are comparable; (c) The Price Match Guarantee is applicable only before you make your purchase with us. We will not, in any circumstance, issue a partial refund due to a Price Match requested after the purchase is made; (d) To authenticate the compared pricing, the customer must provide our diamond consultants with a link to the competitor's diamond. All Price Match requests must be made via email to yeardiamonds@gmail.com; (e) The diamond must be from a legitimate certified retailer and not an individual or private seller. Price Match Guarantee is not eligible for resale or commercial uses; (f) The lower price must be in effect at the time that your request is being verified by YearDiamonds. We will not entertain expired offers or prices; (g) Pricing of the competitor's diamond must be in US dollars; (h) The competitor's diamond should be an item that can be purchased at the time of comparison and should be in-stock; (i) Special promotions by the competitor such as rebates, gift certificates, bundled products and "buy one, get one" offers are not eligible for the Price Match Guarantee; (j) Pawn shops and auctions (websites or brick & mortar stores) are ineligible for the Price Match Guarantee; (k) The Price Match Guarantee cannot be combined with any influencer or affiliate partner offers including offers, coupons, loyalty, rebate, or reward partnerships; (l) The Price Match evaluation by our agents may take up to two (2) business days. The customer will be informed of the decision, and should the Price Match be awarded, a one-time coupon code matching the price will be issued via email.

Payment Information

We accept PayPal and credit card payments. We also accept bank wire transfers for orders over $500.00. After you have selected your jewelry and provided shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your order, you authorize us and our third-party payment processors to charge the amount of the order to your selected payment method.

Your Account and Order

When you access or use the YearDiamonds website or your personalized account, you are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer. You are further responsible for all activities that occur under your personal account and your password. If you are under the age of 18 years old, you may use grownbrilliance.com only under the guidance and direction of a parent or guardian. Please note that YearDiamonds reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content or cancel orders.

In the case where a customer files a chargeback, YearDiamonds has the right to recover its direct and indirect costs, and cancel any promotional items, free shipping, or other benefits, as determined in its sole and absolute discretion.

Passage of Title

Title for goods purchased passes from YearDiamonds to the purchaser's designee at the time that goods are delivered to the designee.

Signature Requirements for Delivery

For your protection, YearDiamonds insures and registers all items for their full value. YearDiamonds requires that all deliveries must be made to a physical business or home address only - we do not ship to P.O. Box addresses. We also require an adult to sign for the delivery of all orders.

Cancellation of Products

YearDiamonds reserves the right to cancel products or services to any customer for any reason at any time. The customer's sole remedy in such cases will be the full refund of any funds that we have collected in reference to the canceled products and/or services.

Diamond Certificates

When you order a loose diamond, YearDiamonds will ship it to you with the accompanying diamond grading report (also called a diamond certificate). These grading reports are detailed documents created by diamond grading experts at highly-respected diamond laboratories. These diamond grading reports are extremely expensive to replace and as a result of this, YearDiamonds requires each diamond grading report to be included with each returned diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee of one hundred US dollars ($100.00).

Privacy Policy

Please review our Privacy Policy, which also governs your visit to this site and for information on how YearDiamonds collects, uses and discloses personally identifiable information from its customers. YearDiamonds does reserve the right to cooperate with legitimate governmental requests, subpoenas or court orders, to protect YearDiamonds systems and customers, or to ensure the integrity and operation of YearDiamonds business and systems, and as such, YearDiamonds may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, email address, etc.), IP addressing and traffic information, usage history, and posted User Content (as defined herein). YearDiamonds’s right to disclose any such information shall govern over any terms of our Privacy Policy.

Limitation of Liability

In no event shall YearDiamonds, its members, managers, employees, affiliates, agents or representatives or any other party involved in creating, producing, or delivering the YearDiamonds products be liable to you or any third party for damages of any kind arising from the use of this Site, including, but not limited to direct, indirect, incidental, special, punitive and consequential damages or other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in contract, tort, or otherwise, including negligence, arising out of or in any way connected with or resulting from the use of our Site, the products, the services or the content contained in or accessed through the Site, or that results from the reliance by the user on any information obtained from YearDiamonds, including any error or omission regarding listed diamond origin, any mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission or any failure of performance of the Site, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to YearDiamonds programs or services, even if YearDiamonds is expressly advised of the possibility of such damages, or even if the loss, damage or expense was caused by YearDiamonds, its members, managers, employees, affiliates, agents or representatives. In no event shall YearDiamonds's liability be greater than the price you paid for the product or service that is the basis for the claim.

Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. It is your responsibility to check local laws for any restrictions or limitations regarding the exclusions of implied warranties.

Indemnification

You agree to defend, indemnify, and hold harmless YearDiamonds, its independent contractors, service providers and consultants, and its parents, affiliates, and related entities and their respective directors, members, managers, officers, employees, agents and representatives from and against any and all claims, losses, damages, liabilities, expenses and costs (including without limitation attorneys' fees and court costs), arising out of or relating to your breach of these Terms and Conditions or your access to or use of the YearDiamonds Site or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against YearDiamonds and/or its independent contractors, service providers, employees, members, managers or consultants, arising out of or relating to the Site Materials, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.

Termination

Notwithstanding any of these Terms and Conditions, YearDiamonds reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future your access to and use of the Site.

Miscellaneous

These Terms and Conditions contain the entire understanding between you and YearDiamonds with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and YearDiamonds with respect to the subject matter hereof. The failure of YearDiamonds at any time to enforce any of the provisions of these Terms and Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of YearDiamonds to thereafter enforce each and every provision of these Terms and Conditions. No waiver by YearDiamonds of any breach of any provision of these Terms and Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Terms and Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Terms and Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Terms and Conditions.

Modification And Notice

You agree that YearDiamonds may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.