Thank you for using Diamond Scheduler. This web page represents a legal document and is the Terms and Conditions (Agreement) for your use of our products and services, including all capabilities of our website, https://cactusware.com (“Website”), interactive video tools, playback tools, embed functionality and help and knowledge base, collectively our “Product, Products, Service or Services”. By accessing or using our Products, you agree to fully comply with and be bound by the following Agreement each time you use our Products. Please review the following terms carefully.
The terms “us”, “we”, and “our” refer to DIAMOND SCHEDULER INC., the owner of the Products.
A “Visitor” is someone who interacts with our Products (for instance browsing our website) without creating or registering for an account.
A “Member” is someone who has created an account or registered with our Products whether as a paid or free account.
The term “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, design, and data offered through our Products or Services is collectively known as Content.
Content uploaded, created, posted responded to or otherwise generated by a User is User Content, which includes but may not be limited to videos, interactions, questions, links, buttons and drawings. User Content can be further distinguished as Member Content or Visitor Content.
Acceptance of Agreement
This Agreement is between you and DIAMOND SCHEDULER INC.. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR PRODUCTS, SERVICES AND WEBSITES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and DIAMOND SCHEDULER INC. and supersedes all other Agreements, representations, warranties, and understandings with respect to our Products, Website, Services, and the subject matter contained herein. However, for you to use our Products, Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Website, Product and Service, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in San Francisco, California, and will be governed by and construed in accordance with the laws of the state of California without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
DIAMOND SCHEDULER INC. grants you a nonexclusive, nontransferable, revocable license to access and use our Product, Website and Services strictly in accordance with this Agreement. Your use of our Product, Website and Services is solely for internal use and cannot be used as part of any other commercial service, resold or commercially repackaged without our express consent. No printout or electronic version of any part of our Product, Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.You as a User, whether Member or Visitor, grant DIAMOND SCHEDULER INC. a nonexclusive, nontransferable, revocable license to access, store, display and manipulate your User Content, Member Content or Visitor Content, but DIAMOND SCHEDULER INC. makes no claim of right, title to or interest in User Content outside of the rights necessary to deliver the functions of the Website, Product or Service. For the avoidance of doubt, User Content remains the property of the User.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Product, Website, Content, Services, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and DIAMOND SCHEDULER INC.
Our Products may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Products, Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of DIAMOND SCHEDULER INC.. Our Content, as found within our Products, Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Products, Website and Services does not grant you any ownership rights to our Content.Likewise, DIAMOND SCHEDULER INC. does not make any claims on or accept any ownership of service markets or trademarks included as User Content, Member Content or Visitor Content that are protected under United States and foreign copyrights.
Eligibility and Registration for Membership
To use specific functionality of our Products or Services, you must register with our Website to become a Member. Your Membership is not transferable or assignable and is void where prohibited. Our Products, Website and Services are intended solely for Users who are at least 18 years of age or older. Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Products, Website and/or Services, you represent and warrant that you are 18 years of age or older and agree to abide by all the terms and conditions of this Agreement. DIAMOND SCHEDULER INC. has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration with or without explanation. When you complete the registration process, you will create, receive or associated a third party (i.e. – Google) username and password that will allow you to access our Products, Website or Services. You agree to maintain the confidentiality of your username and password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your username or password. You agree to immediately notify us of any unauthorized use of your username or password or any other breach of security. You agree that DIAMOND SCHEDULER INC. cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Errors, Corrections, Changes and Disclaimer
We do not represent or otherwise warrant that our Products, Website or Services will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Products, Website or Services will be correct, accurate, timely, or otherwise reliable. DIAMOND SCHEDULER INC. reserves the right at our sole discretion to change any Content, features, functionality, software, and other items used or contained in our Products, Website or Services at any time without notice. You agree that your sole recourse in response to such a change is to stop using the Product, Website or Services.DIAMOND SCHEDULER INC. does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose of our Products, Website or Services.
Our Website publishes content supplied by third parties, Users, Members, Viewers, Advertisers, Merchants, and Sponsors. Accordingly, DIAMOND SCHEDULER INC. has no editorial control over such content or User Content. Any opinions or other information or content expressed or made available by third parties, including information providers, Users, or any other user of our Products, Website or Services, are those of the respective author(s) and not of DIAMOND SCHEDULER INC.. DIAMOND SCHEDULER INC. does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content or User Content provided by any of these parties. You understand that we do not operate or control the products or services offered by third-party Merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant websites. You hereby acknowledge that nothing contained in our Products, Website or Services will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and DIAMOND SCHEDULER INC. or our Users, Viewers or Members. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Products, Website or Services.
DIAMOND SCHEDULER INC. is not responsible or liable in any manner for any Content posted on our Website or in connection with our Products, Website or Services, whether posted or caused by Users, Viewers or Members of our Products, Website or Services, or by DIAMOND SCHEDULER INC.. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users, Members or Viewers post, transmit, or share on our Products, Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Products, Website or Services. DIAMOND SCHEDULER INC. is not responsible for the online or offline conduct of any User, Viewer or Member of our Products, Website or Services. Our Products, Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. DIAMOND SCHEDULER INC. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of User, Viewer or Member communications. DIAMOND SCHEDULER INC. is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to User, Viewer or Members’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Products, Website or Services, including, without limitation, any software provided through our Products, Website or Services. Under no circumstances will DIAMOND SCHEDULER INC. be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Products, Website or Services, or any interactions between Users, Viewers or Members of our Products, Website or Services, whether online or offline. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with DIAMOND SCHEDULER INC. by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR PRODUCTS, WEBSITE AND SERVICES ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR PRODUCTS, WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. DIAMOND SCHEDULER INC., INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR PRODUCTS, WEBSITE OR SERVICES. DIAMOND SCHEDULER INC. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR PRODUCTS, WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. DIAMOND SCHEDULER INC. DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, PRODUCT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DIAMOND SCHEDULER INC.. OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL DIAMOND SCHEDULER INC. OR ITS DIRECTORS, OWNERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR PRODUCTS, WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF DIAMOND SCHEDULER INC. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DIAMOND SCHEDULER INC.’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR PRODUCTS, WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Users, Members and Viewers may post their User Content to our Products, Website and Services. Users, Members and Visitors understand that by using our Products, Website or Services, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over User Content and do not in any way guarantee its quality, accuracy, or integrity. DIAMOND SCHEDULER INC. is not responsible for the monitoring or filtering of any User Content. Should any User Content be found illegal, DIAMOND SCHEDULER INC. will submit all necessary information to relevant authorities. If any User Content is reported to DIAMOND SCHEDULER INC. as being offensive or inappropriate, we may ask the User to retract or otherwise modify the questionable content within 24 hours of being notified by DIAMOND SCHEDULER INC.. If the User fails to meet such a request, DIAMOND SCHEDULER INC. has full authority to restrict the User’s ability to post User Content OR to immediately terminate the User’s membership without further notice to the User. Without limiting the foregoing, we have sole discretion to remove any User Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Users are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Users will respect copyright and trademark laws. You warrant that you will not use our Products, Website or Services to infringe on the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Users whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As a User, you agree not to use our Products, Website and Services to do any of the following:
Upload, post, or otherwise transmit any User Content that: Violates any local, state, federal, or international laws Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable Links directly or indirectly to any materials to which you do not have a right to link Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation In the sole judgment of DIAMOND SCHEDULER INC. is objectionable or restricts or inhibits any other person from using or enjoying our Products, Website or Services, or which may expose DIAMOND SCHEDULER INC., our affiliates, or our Users to any harm or liability of any type. Use our Content to:Develop a competing website Create compilations or derivative works as defined under United States copyright laws Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism Decompile, disassemble, or reverse engineer our Products, Website, Services, and any related software Use our Products, Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws.
Use of Information and Content
As previously noted in this Agreement but for the avoidance of doubt, you grant DIAMOND SCHEDULER INC. a license to use the User Content, information and materials you post to our Products, Website or Services. By posting, displaying, transmitting, performing, or otherwise distributing information, assets, or other content to our Products, Services and Website, you are granting DIAMOND SCHEDULER INC., its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the User Content in connection with the operation of the business of DIAMOND SCHEDULER INC., including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat User Content. You understand and agree that you will not be compensated for any User Content. By posting User Content on our Products, Website or Service, you warrant and represent that you own the rights to the User Content or are authorized to post, display, distribute, perform, or transmit User Content.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Linking to Our Website
You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to our Website immediately upon our request. Use of embed codes provided part of the Products, Website or Services to embed functionality in other websites is acceptable.
Links to Other Websites
Our Website may from time to time contain links to third-party websites. Inclusion of links for any website on our Products, Website or Services does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites. DIAMOND SCHEDULER INC. has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.
PaymentsYou represent and warrant that if you are purchasing something from us, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
Refund and Return Policy
For annual subscriptions, Diamond Scheduler may refund up to 50% of the subscription price within 7 days of the subscription start. We reserve the right to refuse refunds based on our understanding of usage, intent, and other factors. If a refund is issued, the account and all of its associated data is deleted immediately.
Termination of Membership
Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. Upon termination, you will stop representing yourself as a registered User or Member or client. You must delete or destroy any information or content (including all copies) obtained from our Products, Website or Services. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Products, Website or Services.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by notifying you of changes on our website or through email. These changes will become effective on the date indicated. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.
DIAMOND SCHEDULER INC.
4009 E Burns St
Tucson, AZ 85711