Last modified: January 4, 2023.
We may change these Terms 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 after such posting.
Your continued use of the Website after the posting of amended Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, which are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Website to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
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. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to exit, or sign out, from your account at the end of each session. You should be cautious when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Mark Broumand, 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.
These Terms permit you to use the Website for your personal, noncommercial 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: (1) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your web browser for display-enhancement purposes; (3) you may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution; (4) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, so long as you agree to be bound by our end-user license agreement for such applications; and (5) if we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not: (1) Modify copies of any materials from this site; (2) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (3) delete or alter any copyright, trademark, or other proprietary-rights notices from copies of materials from this Website; or (4) access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will be terminated immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Mark Broumand, the terms [COMPANY TRADEMARKS], Mark Broumand logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Mark Broumand or its affiliates or licensors. You must not use such marks without the prior written permission of Mark Broumand. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website: (1) In any way that violates any applicable federal, state, local, or international law or regulation (including but not limited to any laws regarding the export of data or software to and from the United States or other countries); (2) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (3) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms; (4) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (5) to impersonate or attempt to impersonate Mark Broumand, a Mark Broumand employee, another user, or any other person or entity (including but not limited to by using email addresses or screen names associated with any of the foregoing); (6) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or that may harm or expose to liability Mark Broumand or users of the Website, as we determine in our sole discretion.
In addition, you agree not to: (1) 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, including its ability to engage in activities in real time through the Website; (2) 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; (3) use any manual process to monitor or copy any of the material on the Website or for any other purpose not expressly authorized in these Terms; (4) use any device, software, or routine that interferes with the proper functioning of the Website; (5) introduce any viruses, Trojan horses, worms, logic bombs, or other malware or software that is technologically harmful; (6) attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (7) attack the Website through a denial-of-service attack or a distributed denial-of-service attack; (8) otherwise attempt to interfere with the proper functioning of the Website.
Mark Brouman’s Website and social-media accounts hosted on third-party platforms may contain product reviews, forums or message boards, chat rooms, user profiles, or other interactive features or user-generated content (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (collectively, “post”) content or materials (collectively, “User Content”) on or through the Website.
All User Content must comply with the Content Standards set out in these Terms. Any User Content you post to the site will be considered nonconfidential and nonproprietary. By posting any User Content on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You acknowledge that: (1) You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; (2) all of your User Content does and will comply with these Terms; (3) you are responsible for any User Content you submit or contribute, and you, not Mark Broumand, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness; and (4) we are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.
We have the right to: (1) Remove or refuse to post any User Content for any or no reason in our sole discretion; (2) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, including the Content Standards, infringes any intellectual-property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Mark Broumand; (3) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual-property rights or their right to privacy; (4) take appropriate legal action, including but not limited to referral to law enforcement, for any illegal or unauthorized use of the Website; (5) terminate or suspend your access to all or part of the Website for any or no reason, including but not limited to any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS MARK BROUMAND AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Copyright Infringement Policy
If you believe that your work has been copied and is accessible on the Website or otherwise that your copyright has been infringed, you may request removal of those materials (or access to them) from the Website by providing written notice with the following information, in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (DMCA) (17 U.S.C. § 512), the written notice (“DMCA Notice”) must include substantially the following: (1) Your physical or electronic signature; (2) a description of the copyrighted work you believe to have been infringed or, if your claim involves multiple works on the Website, a representative list of such works; (3) identification of the material you believe to be infringing, in a sufficiently precise manner so that we can find that material; (4) information for contacting you, such as your name, mailing address, telephone number, and email address); (5) a statement that you have a good-faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the DMCA Notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Mark Broumand Inc
628 1/2 South Hill Street
Los Angeles, California 90014
If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please note that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Our policy is to disable or terminate the user accounts of repeat infringers.
Information on the Website
Our objective is to display as accurately as possible the size, color, and other details of the products available on the Website. But because of differences in electronic displays and other variables outside our control, some products may appear larger or smaller than their actual size, have a slightly different color, or otherwise not be displayed accurately.
In compliance with industry standards and Federal Trade Commission (FTC) regulations, Mark Broumand states that the actual carat weight of a product may vary up to 0.05 carats from the stated carat weight.
Eternity band total carat weights can vary more depending on the ring size. The stated total carat weight for an eternity band is for a ring size of 6.5 unless otherwise indicated.
Total carat weights of custom-order products that are based on stock product listings, even when ordered in the same ring size as the one indicated in the stock product listing, will vary from the stock product’s stated total carat weight.
We provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing.
For gemstone and pearl measurements, a tolerance of 0.25 mm is allowed.
For diamond jewelry set with multiple diamonds, we provide the minimum total carat weight for the piece. Color and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated.
With respect to information presented on or through the Website other than information regarding jewelry products, such information is made available solely 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. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, or reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Mark Broumand, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Mark Broumand. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
Links from the Website
Terms Governing Online Purchases
All purchases through the Website or other transactions for the sale of goods formed through the Website, or resulting from visits made by you, are governed by applicable provisions in these Terms, along with our Return Policy, which is incorporated into these Terms by this reference.
Product Availability and Pricing
All orders placed through the Website are subject to Mark Broumand’s acceptance. Mark Broumand may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later canceled, Mark Broumand will issue you a refund.
If you are interested in a product that is on back order, contact us. We may be able to tell you when the item will be back in stock. On occasion, because of the volume of orders we receive, a product may go out of stock before we are able to update the Website. If this happens, we will contact you directly to discuss possible options.
Data, including prices, displayed on the Website may be inaccurate because of system or typographical errors. Although we make every attempt to avoid these errors, they may occur. We reserve the right to correct any errors when they do occur, and we do not honor erroneous prices. If a product’s listed price is lower than its actual 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 shipped, you agree either to return the product or pay the difference between the actual and charged prices. Prices are subject to change without notice.
We offer a 7-day risk-free viewing trial if you wish to view a product at your preferred location. You are not obligated to buy the product if you return it before the end of the trial period. During the trial period, we will place an authorization hold on your credit card for the full purchase price. The 7-day trial period begins on the day the trial product is delivered to your shipping address. To avoid being charged for the purchase of a trial product, you must ship any product you decide not to buy back to us for us to receive no later than the 8th day after the product was delivered and we must receive the product in the same condition as at the start of the trial period with any and all documents and/or certificates sent inside of the package. There will be a minimum $700 charge for any diamond certificates not returned to us after the trial viewing. You are responsible for the product from the time it is delivered to you to the time that it is delivered to us.
To get started, please click “See Item In Person” on the product page. If any term presented in that portion of the Website conflicts with these Terms, these Terms will govern.
Please review our policy on returns and exchanges, which is posted on the Website, before placing an order.
Policy on Ethical Sourcing
We purchase diamonds only through the most respected suppliers who, like us, adhere to the standards established by the Kimberley Process, an international certification scheme that aims to prevent the trade of diamonds used to finance armed conflicts.
The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Disclaimer of Warranties
We do not guarantee that files made available for downloading from the Website will be free of viruses or other harmful code. You are responsible for implementing adequate procedures to satisfy your particular requirements for antivirus protection and accuracy of data input and output and for maintaining a means outside the Website for recovery of any lost data. TO THE EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL BECAUSE OF YOUR USE OF THE WEBSITE OR OF ANY PRODUCTS OR SERVICES YOU OBTAIN THROUGH THE WEBSITE OR BECAUSE OF YOUR DOWNLOADING OF ANY FILES FROM THE WEBSITE OR ON ANY WEBSITE LINKED TO IT.
YOU USE THE WEBSITE AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS, THE WEBSITE AND ANY PRODUCTS OR SERVICES OBTAINABLE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MARK BROUMAND AND ANY PERSON ASSOCIATED WITH MARK BROUMAND DO NOT MAKE ANY REPRESENTATION CONCERNING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, INCLUDING THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE EXTENT PROVIDED BY LAW, MARK BROUMAND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE EXTENT PROVIDED BY LAW, MARK BROUMAND, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Mark Broumand, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 or your use of the Website, including but not limited to your User Content, any use of the Website’s content, products, and services other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms, and any dispute or claim arising from or related to the Website and these Terms (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of the State of California without giving effect to any choice- or conflict-of-law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be filed only in the state or federal courts located in Los Angeles County, California, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You hereby waive any objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
The waiver by Mark Broumand of any provision of these Terms will not be deemed a further or continuing waiver of such provision or a waiver of any other provision. Any failure of Mark Broumand to assert a right or provision under these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, then the remainder of these Terms will remain in effect as written and will be construed in accordance with its provisions as if the invalid, illegal, or unenforceable provision were not contained in these Terms.
Feedback, comments, requests for technical support, and other communications relating to the Website should be directed to firstname.lastname@example.org or 866-676-9676.