Terms of Use

A. Link Jewelry Co., LLC – LUMINOUS DIAMONDS
Terms of Use

A. INTRODUCTORY TERMS

These terms and conditions (these “Terms of Use”) constitute a binding agreement between, on the one hand, each individual or entity that accesses, uses, and/or creates a user account with the LUMINOUS DIAMONDS web site (luminousdiamonds.com), the LUMINOUS DIAMONDS service, and/or any programs, web sites, applications, software, and/or platforms made available by, on, through, or in connection with the LUMINOUS DIAMONDS web site and/or the LUMINOUS DIAMONDS service (together, the “Service”), and, on the other hand, A. Link Jewelry Co., LLC (“ALJ”). These Terms of Use govern your access and use of the Service, and affect your legal rights and obligations – by accessing and/or using the Service you agree to be bound by these Terms of Use. Before accessing or using the Service, please read these Terms of Use; if you do not agree to be bound by all of these Terms of Use, please do not access or use the Service. If you have any questions or concerns regarding these Terms of Use, please contact ALJ at concierge@luminousdiamonds.com.

ALJ reserves the right to change, modify, add or remove portions of these Terms of Use (“Updated Terms”) at any time in its sole discretion. It is your responsibility to periodically check these Terms of Use for changes. You agree that your access and/or use of the Service after the posting date of Updated Terms shall constitute your acceptance of and agreement to Updated Terms. Updated Terms shall be effective as of the time of their public posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.

ARBITRATION NOTICE: BY ACCESSING OR USING THE SERVICE, HOWEVER ACCESSED, YOU AGREE THAT DISPUTES BETWEEN YOU AND ALJ WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS MORE FULLY SET FORTH BELOW.

B. ALJ’S OWNERSHIP OF THE SERVICE & ITS CONTENT

  1. The Service, as well as all designs, text, graphics, user interfaces, visual interfaces, images, trademarks, logos, materials, sounds, and computer code contained in and/or made available on or through the Service (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content, is owned, controlled, or licensed by or to ALJ, and is protected by copyright, trademark, trade dress, patent, and various other intellectual property and unfair competition laws.
  2. ALJ, Luminous Diamonds, LUMINOUS & Design… and all other product and service names, slogans, and logos contained in the Service are trademarks of ALJ and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ALJ or the applicable trademark holder.  You may not use any metatags or any other “hidden text” utilizing “ALJ”, “Luminous Diamonds”,  & Design or any other name, slogan, logo, trademark or product or service name of ALJ without our prior written permission.
  3. Except as expressly provided in these Terms of Use, no part of the Service and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, web site, or other channel or medium for publication or distribution or for any commercial enterprise or purpose, without ALJ’s express prior written consent.

С. BASIC TERMS AND CONDITIONS OF ACCESS/USE OF THE SERVICE

  1. Notwithstanding any of these Terms of Use, ALJ reserves the right, without notice and in its sole discretion, to suspend, prohibit, or discontinue any person’s access and/or use of the Service, and/or to terminate any person’s license to use the Service, and/or to cease doing business through the Service with any person, for any reason whatsoever.  By accessing and using the Service, however accessed, you understand and agree that ALJ may stop providing all or part of the Service to you at any time and for any reason, including, but not limited to, in the event ALJ determines in its sole discretion that you violated the letter or spirit of these Terms of Use, in the event ALJ determines in its sole discretion that your access and/or use of the Service otherwise creates possible risk or legal exposure for ALJ or any other person or entity, or for any other reason whatsoever in ALJ’s sole discretion.  By accessing and using the Service, however accessed, you further understand and agree that, in the event ALJ chooses in its sole discretion to stop providing all or part of the Service to you, you shall have not have any recourse against ALJ whatsoever.  The provisions of these Terms of Use governing intellectual property rights, and the disclaimers, indemnities, and limitations of liability set forth in these Terms of Use, shall survive ALJ’s suspension, prohibition, or discontinuation or any person’s access and/or use of the Service, ALJ’s termination of any person’s license to use the Service, and ALJ’s ceasing to do business through the Service with any person.
  2. By accessing and using the Service, however accessed, you understand and agree that you are responsible for all data charges that you incur through your access and/or use of the Service.
  3. You must be physically located in the United States of America to use the Service, create a user account with the Service, or place an order via the Service.
  4. You may not pretend that you are, or that you represent, someone else, or otherwise engage in conduct via the Service that impersonates another person in a manner that does or is intended to mislead, confuse, or deceive others.
  5. You must not change modify, adapt, or alter the Service or change, modify, or alter any other program, web site, application, software, and/or platform so as to create or imply a false affiliation, connection, or association with the Service and/or ALJ.
  6. You must not defame, stalk, bully, abuse, harass, or threaten persons or entities via the Service.
  7. You must not publicly post or otherwise make publicly available any private or confidential information via the Service, including, without limitation, your or any other person’s or entity’s credit card information, social security or alternate national identity numbers, non-public phone numbers, or non-public email addresses.
  8. You must not use or engage in conduct via the Service, or use any Content, for any purpose that infringes or violates any legal right of ALJ or any third party, including, without limitation, copyright, trademark, publicity, privacy, property, and/or confidentiality rights, or to solicit the performance of any illegal activity that infringes or violates any legal right of ALJ or any other person or entity.
  9. You must not solicit other users of the Service or otherwise use the Service for unauthorized marketing purposes, including, without limitation, by creating or submitting unwanted email, comments, likes, or other forms or commercial and/or harassing communications (including, without limitation, “spam” communications”) to any other users of the Service, or soliciting, collecting, or using account information and/or login credentials of any other users of the Service.
  10. You must not use the Service for, or in furtherance of, any illegal, illicit, or unauthorized purpose.  By using the Service, you agree to comply with all laws, rules, and regulations (whether federal, state, local, provincial, or otherwise) applicable to your use of the Service, including but not limited to, all applicable copyright and trademark laws, rules, and regulations.
  11. You must not attempt to restrict another user from using or enjoying the Service, and you must not encourage or facilitate violations of any of these Terms of Use.

D. USERS’ LICENSE TO ACCESS & USE THE SERVICE

  1. In consideration of the rights granted and obligations entered into by you under these Terms of Use, ALJ grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to non-commercial access and use of the Service, and to electronically copy (except where prohibited without a license) and print hard copies of portions of Content on the Service for your informational, non-commercial and personal use only, provided that such license shall be conditioned upon your maintenance of all copyright, trademark, and proprietary rights notices displayed or used within the Service as well as your full compliance with these Terms of Use.  Such license is subject to these Terms of Use in their entirety, and specifically does not include: (a) any resale or commercial use of the Service or any Content; (b) the collection or use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance, or public display (included but not limited to online public display) of any Content; (d) modifying or otherwise making any derivative uses of the Service or any Content, or any portion, aspect or element thereof; (e) downloading (other than page caching), harvesting, or scraping of any portion, aspect or element of the Service or any Content, or otherwise using any manual or automated software devices or other processes (such as, e.g., data mining, “bots”, “spiders”, other automated tools or similar data gathering and extraction methods) to index or collect any information or Content from the Service or any user of the Service; (f) causing to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements, or anything else which minimizes, covers, or frames or inhibits the full display of the Service and all of its Content; (g) modifying, adapting, translating, reverse-engineering, decompiling, disassembling, or converting into human-readable form, any portion, aspect or element of the Service or Content not intended to be so read, including using or directly viewing the underlying HTML or other code of the Service and/or Content except as interpreted and displayed in a web browser; (h) any action which in any way interferes with the normal operation of the Service; or (i) any use of the Service or any Content other than for its intended purpose.
  2. Any use of the Service or any Content other than as specifically authorized herein, without the prior written permission of ALJ, is strictly prohibited and will result in termination of the licensed granted herein.  Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communication regulations and statutes.  Unless expressly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.  This license is revocable at any time and for any reason in ALJ’s sole discretion.
  3. At all times, as between you and ALJ, ALJ shall retain all right, title, and interest in the Content as well as all proprietary rights therein, without limitation.  The foregoing limited license for you to access and use the Service and the Content is not intended to transfer any ownership rights in the Service or any of the Content or any proprietary rights therein, without limitation.

E. USER ACCOUNT ENROLLMENT

  1. Certain features or services offered on or through the Service may require you to create a user account.  You may create a user account with the Service by registering your name, providing certain information about yourself, and creating a password.  You agree that you will provide complete, current and accurate information about yourself as requested when creating a user account with the Service.  You further agree that you will update your user account information as necessary to maintain its truth and accuracy.
  2. BY CREATING A USER ACCOUNT WITH THE SERVICE, YOU AGREE THAT YOU ARE AND SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN VIA YOUR USER ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS.
  3. You are responsible for keeping your user account’s membership credentials (including, without limitation, your password) secret and secure, and for restricting access to your user account (including the information you provide for your account).  You agree not to disclose your user account’s membership credentials (including, without limitation, your password) to any third party.  You agree to immediately notify ALJ of any unauthorized use of or access to your user account or password, or any other breach of security.  You may be held liable for losses incurred by ALJ or any other user of or visitor to the Service due to someone else using your ALJ user account or password as a result of your failing to keep your account information secure and confidential.  ALJ cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
  4. You may maintain only one user account at any time. 
  5. You may not use anyone else’s user account without the express permission and consent of the holder of that account.
  6. By registering a user account with the Service, you represent and warrant that you have the legal right and capacity to enter into these Terms of Use in your jurisdiction and, if you create a user account on behalf of a legal entity, that you are authorized to enter into an agreement on behalf of that legal entity and bind that entity to these Terms of Use. 
  7. ALJ reserves the right to suspend and/or force forfeiture of any user account for any reason at any time, without limitation.  If we suspend and/or force forfeiture of your user account, you must stop using all user accounts with the Service and must not create any new user accounts, and all licenses and other rights granted to you pursuant to these Terms of Use will immediately cease and be rendered null and void.
  8. By registering a user account with the Service, you acknowledge and agree that paid services, sponsored content, and commercial communications may appear as part of the Service, and may not always be identified as such.  By registering a user account with the Service, you further agree and consent to receive emails and other communications about the Service, special offers, new products, and/or for other marketing and/or promotional purposes.

F. USER SUBMITTED CONTENT

  1. During your access and use of the Service, you may, from time to time, create, submit, upload, reproduce, distribute, enter, transmit, publicly display, and/or post information, materials, and/or communications on, through, or via the Service through your user account (collectively, “User Submitted Content”). With respect to all User Submitted Content that you create, submit, upload, reproduce, distribute, enter, transmit, publicly display, and/or post via the Service, you acknowledge and agree that, by and upon your creation, submission, uploading, reproduction, distribution, entering, transmission, public display, and/or posting of such User Submitted Content, you grant ALJ a non-exclusive, irrevocable, fully transferable and sub-licensable, perpetual, worldwide, fully-paid, royalty-free right and license to use, reproduce, transmit, communicate to the public, print, publish, publicly display, publicly perform, exhibit, distribute, redistribute, license, sub-license, copy, index, comment upon, modify, adapt, translate, create derivative works based upon, make available, and otherwise exploit, in whole or in part, in all languages, anywhere in the world, by all means, methods, processes, and media formats and channels now known or hereafter devised, in any number of copies and without limit as to time, manner or frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity, such User Submitted Content. You acknowledge and agree that this license includes the right for ALJ to use User Submitted Content for any reason, including, without limitation, to provide, promote, and improve the Service, to develop, manufacture, and/or market its products, and/or for any other commercial purpose. You further acknowledge and agree that this license will survive termination of your user account. DO NOT SUBMIT ANY USER SUBMITTED CONTENT VIA THE SERVICE WITH RESPECT TO WHICH YOU DO NOT DESIRE TO GRANT SUCH RIGHTS TO ALJ.
  2. You acknowledge and agree that you are solely responsible for any and all User Submitted Content created, uploaded, submitted, posted, utilized, publicly displayed, distributed, and/or otherwise used on or via the Service through your user account.
  3. You may not create, submit, upload, reproduce, distribute, enter, transmit, publicly display, and/or post any User Submitted Content that:
    • (a) Is inaccurate, misleading, or impersonates any person or entity;
    • (b) Is profane, obscene, indecent, or pornographic;
    • (c) Contains any unauthorized or unsolicited advertising (e.g., spam);
    • (d) Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ALJ or any user of the Service;
    • (e) Includes any person’s identification documents or sensitive financial information.
  4. By creating, submitting, uploading, reproducing, distributing, entering, transmitting, publicly displaying, and/or posting User Submitted Content via the Service, you represent and warrant that:
    • (a) You hold all necessary right, title, and license to such User Submitted Content;
    • (b) The creation, submission, uploading, reproduction, distribution, entering, transmission, public display, and/or posting on the Service of such User Submitted Content does not violate, misappropriate, or infringe upon the rights of any third party, including, without limitation, copyright, trademark, publicity, privacy, confidentiality, and/or any other intellectual property and/or legal right;
    • (c) Such User Submitted Content does not violate the letter or spirit of any of these Terms of Use; and,
    • (d) You agree to indemnify ALJ for all claims arising out of the use of such User Submitted Content on the Service, and to pay for all royalties, fees, or any other monies owed by reason of such User Submitted Content.
  5. DISCLAIMER: You acknowledge and agree that ALJ is not responsible for, and does not endorse, any User Submitted Content made available within the Service. All User Submitted Content represents solely the views and opinions of the user who submits such content, and do not reflect the views or opinions of ALJ in any manner. The Service acts as a passive conduit for the creation, uploading, submission, posting, reproduction, public display, distribution, and use of User Submitted Content. ALJ may in its sole discretion, but has no obligation to, prescreen, monitor, edit, or remove any User Submitted Content, and expressly disclaims any and all liability with respect to screening, monitoring, or reviewing User Submitted Content. If User Submitted Content submitted via your user account violates these Terms of Use or are otherwise in violation of any law or regulation, you may bear legal responsibility for that User Submitted Content.
  6. Except as otherwise described in the Service’s Privacy Policy (available at luminousdiamonds.com/pages/privacy), as between you and ALJ, any User Submitted Content will be non-confidential and non-proprietary, and ALJ will not be liable for any use or disclosure of any User Submitted Content. You acknowledge and agree that your relationship with ALJ is not a confidential, fiduciary, or any other special relationship, and that your decision to submit any content or information via the Service does not place ALJ in a position that is any different from the position held by members of the general public, including with regard to the content or information that you submit or use via the Service. No User Submitted Content will be subject to any obligation of confidence on the part of ALJ, and ALJ will not be liable for any use of disclosure of any User Submitted Content.

G. TECHNICAL TERMS OF ACCESS & USE OF THE SERVICE

  1. You must not interfere or disrupt the Service or any servers or networks connected to the Service, including, but not limited to, by transmission of any worms, viruses, spyware, malware, or any other harmful program or code of a destructive or disruptive nature. You must not inject content or code or otherwise alter or interfere with the way any page within the Service is rendered or displayed in a user’s browser or device.
  2. You may not use any “deep-link”, “page-scrape”, “bot”, “spider”, “crawler”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion, aspect, or element of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service, or to create user accounts with the Service. ALJ reserves the right to bar any such activity, or to prohibit access to the Service to any person who ALJ believes in its sole discretion to be engaging in any such activity.
  3. You may not attempt to grain unauthorized access to any portion, aspect, or element of the Service or any Content, or any other systems or networks connected to the Service or to any ALJ server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate or illicit means.
  4. You may not probe, scan, or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures of the Service or any network connected to the Service. You may not reverse look-up, trace, or seek to trace any information on any other user or visitor of the Service, or any other customer of ALJ, including any ALJ account not owned by you, to its source, or exploit the Service or any service or information or Content made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service.
  5. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or ALJ’s systems or networks, or any systems or networks connected to the Service or to ALJ.
  6. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on or through the Service, or with any other person’s access and/or use of the Service.
  7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ALJ on or through the Service or any service offered on or through the Service.
  8. Although it is ALJ’s intention for the Service to be available as much as possible, there may be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. You acknowledge and agree that ALJ will not be liable to you for any modification, suspension, or discontinuance of the Service, or for the loss of any User Submitted Content. You also acknowledge and agree that the internet may be subject to breaches of security, and that the submission of User Submitted Content or other content, materials, or information via the Service therefore may not be secure. 

H. PRODUCT INFORMATION MADE AVAILABLE ON THE SERVICE

  1.  ALJ makes every effort to ensure that the Service is as accurate and complete as possible at all times. However, from time to time, information or materials on the Service concerning products, including but not limited to prices, may be out of date or inaccurate due to system, typographical, or other errors. While we make every attempt to avoid these errors, they do occur. ALJ reserves the right to discontinue or change descriptions, images, references, features, content, specifications, prices, and availability of products offered on or though the Service at any time without prior notice, in its sole discretion. The inclusion of any product on the Service at a particular time does not imply or warrant that such product will be available at any other time. ALJ further reserves the right to refrain from honoring inaccurate or erroneous prices, even after an order has been placed; errors in advertised prices are not binding on ALJ, and may be adjusted by ALJ at any time. ALJ shall have the right to refuse or cancel orders placed for a product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. We apologize for any inconvenience this may cause. If you have any questions about any product, please do not hesitate to contact us at concierge@luminousdiamonds.com.
  2. ALJ makes reasonable efforts to accurately display the attributes of our products, including the applicable sizes and colors. However, some products displayed on the Service may appear larger or smaller than their actual size in our photographs, and, since every computer monitor is set differently, color and size may vary slightly. Accordingly, we cannot guarantee that your screen will accurately display product colors and sizes.
  3. In compliance with industry standards and FTC regulations, ALJ states that carat total weight in all purchases may vary 0.05 carats from stated weight. 

I. PURCHASE ORDERS

  1. YOU MUST BE AT LEAST 18 YEARS OLD TO MAKE A PURCHASE ORDER THROUGH THE SERVICE WITHOUT THE INVOLVEMENT OF A PARENT OR GUARDIAN. BY SUBMITTING A PURCHASE ORDER THROUGH THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD. If ALJ discovers or is of the opinion (as to which ALJ shall have sole discretion) that you are not legally entitled to make certain purchases through the Service, ALJ shall be entitled to cancel your order immediately, without notice.
  2. If you wish to purchase a product offered for sale through the Service, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy (available at luminousdiamonds.com/pages/privacy). All information that you provide to us or to our third-party payment processor must be accurate, current, and complete. BY SUBMITTING A PURCHASE ORDER THROUGH THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any user of you account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable shipping costs and/or taxes relating to your purchases. All purchase orders through the Service are subject to credit approval. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
  3. ALJ reserves the right, for any reason in its sole discretion and at any time after receiving your order, to accept, refuse, place on hold, decline, or cancel any order you submit to us even after your receipt of an order confirmation. (Understand that your receipt of an email order confirmation does not signify ALJ’s acceptance of your order or a confirmation of our offer to sell, but rather is simply an acknowledgement that we received your order.) ALJ reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product. ALJ shall not be liable to anyone for withdrawing any product from the Service or for refusing to accept any order.
  4. After receiving your order, ALJ may contact you to request clarification, additional or missing information regarding your order or your account. It is your sole responsibility to deliver the additional information to ALJ in a timely manner. ALJ reserves the right, in its sole discretion, to place your order on hold or cancel your order if the requested information is not received in a timely and complete manner. Orders placed on hold will be automatically cancelled 15 days after being submitted if there’s missing information.
  5. In the event ALJ changes or cancels an order, we will attempt to notify you by contacting the email address and/or phone number provided at the time the order was submitted. If your order is cancelled, ALJ will issue a refund according to these terms.
  6. Purchases of commercial quantities of products through the Service is not permitted without ALJ’s prior written authorization. ALJ reserves the right to place further limits or restrictions on product orders in its sole discretion.
J. SHIPPING & DELIVERY
  1. Standard domestic shipping for orders placed through the Service is always free. Shipping fees only apply to expedited domestic shipping options.
  2. ALJ presently cannot offer international shipping (though we hope to soon).
  3. From the minute ALJ receives your order, it takes up to two (2) weeks to make your jewelry piece and get it shipped out to you. ALJ will send you tracking information for your package and updates on its shipping progress.
  4. Your jewelry piece will be fully insured while in transit, from the time it is shipped from ALJ’s headquarters to the time you receive and sign for it.
  5. Because our rings are high-value items, your package will need to be signed for at the shipping address upon delivery; customers are responsible for coordinating and accepting delivery from the shipping carrier.
  6. All estimated shipping dates regarding your order provided by ALJ are for reference only, and shall not be considered a guarantee, warranty, or commitment by ALJ that your order will be delivered on that date. Since the actual delivery of your order may be impacted by events beyond ALJ’s control once it has shipped, ALJ cannot be held liable for late deliveries.
K. LIFETIME MANUFACTURING DEFECT WARRANTY
  1. ALJ offers a lifetime guarantee on rings purchased through the Service. If there’s an issue with your jewelry piece down the road due to a manufacturing defect, ALJ will always fix or replace it. (To be clear, this warranty only covers manufacturing defects; any damage to rings purchased through the Service subsequent to delivery is expressly excluded.) If you believe your jewelry piece has a manufacturing defect subject to this guarantee, please contact us at returns@luminoiusdiamonds.com to arrange for shipment of your jewelry piece to us. We will cover shipping, take a look at your ring, and contact you within 48 hours to let you know how we can help.

L. ORDER CHANGES, RETURNS, & CANCELLATIONS

  1. So long as the jewelry piece is in original unworn condition, with all packaging and documentation (including the original AGS Certificate that accompanied your order), ALJ allows returns anytime before 60 days following the date your order is delivered to you.
  2. ALJ will cover all shipping costs for returns – however, please do not ship us anything to be returned without contacting us first at returns@luminoiusdiamonds.com, as we will send you all necessary shipping and packaging materials for you to use to complete the return. Please note that returns will only be processed for rings sent to us with LUMINOUS pre-authorized labels and packaging.
  3. All returns must include the original AGS Certificate that accompanied your order. If the AGS Certificate is not received by ALJ along with your returned ring, you will be charged a $250.00 replacement fee.
  4. ALJ also allows order changes and cancellations anytime before your order is shipped.
  5. After an order is returned or cancelled, you can expect to receive your refund within 7-10 business days.
  6. If you would like to return, change, or cancel an order, please contact us at returns@luminoiusdiamonds.com for further instructions and arrangements. 

M. THIRD PARTY LINKS PROVIDED ON THE SERVICE

If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links may include links contained in advertisements, including banner advertisements and sponsored links. ALJ has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damages that may arise from your use or access thereof. If you choose to access any third party program, web site, application, software, and/or platform linked to this Service, you do so entirely at your own risk, and subject to the terms and conditions of use for such program, web site, application, software, and/or platform.

N. ADVERTISEMENTS AND PROMOTIONS ON THE SERVICE

ALJ may run advertisements and promotions from third parties on the Service. Your business dealings or correspondence with, or participation in promotions of, advertisers other than ALJ, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. ALJ is not responsible or liable for any loss or damage whatsoever incurred as a result of any such dealings or as the result of the presence of such non- ALJ advertisers on the Service.

O. DIGITAL MILLENNIUM COPYRIGHT ACT

ALJ respects the intellectual property rights of others, and expects users of the Service to do the same. ALJ will respond to notices of alleged copyright infringement that comply with applicable law and are properly delivered to us. ALJ reserves the right to remove content on the Service alleged to be infringing without prior notice and in its sole discretion. In appropriate circumstances, ALJ will also terminate the account of a user determined to be a repeat infringer.

If you believe that your work has been copied or used via the Service in a way that constitute copyright infringement, you may notify ALJ by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512):

  • [i] The copyright owner’s name (or company name), your full legal name, title, job position, and relationship to the copyright owner, and your full mailing address, telephone number, and email address.
  • [ii] A description of the copyrighted work that you claim has been infringed.
  • [iii] A description of the material on the Service that you claim is infringing (including a description of where such material is located [e.g., URL]).
  • [iv] A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, any agent thereof, or the law.
  • [v] A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or a person authorized to act on the copyright owner’s behalf.
  • [vi] An electronic or physical signature of the person authorized to act on the copyright owner’s behalf.

ALJ’s Agent for notices of claims of copyright infringement occurring on the Service can be reached as follows:

DMCA Designated Agent
A. Link Jewelry Co., LLC
450 Seventh Avenue
Suite 1300
New York, NY 10123
Email: info@luminousdiamonds.com

Inquiries that do not comply with all of the requirements of 17 U.S.C. § 512 may not be effective. Please be aware that if you knowingly materially misrepresent that material, content, or activity on the Service infringes upon your copyright, you may be held liable for damages (including costs and attorneys’ fees) under 17 U.S.C. § 512(f).

P. DISCLAIMER OF WARRANTIES

  1. THE SERVICE, ITS CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED OR OFFERED ON OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, WITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. ALJ AND ITS EMPLOYEES, MANAGERS, DIRECTORS, OFFICERS, AND AGENTS (COLLECTIVELY, THE “ALJ DISCLAIMING PARTIES”) DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
  2. THE ALJ DISCLAIMING PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE, ITS CONTENT, OR PRODUCTS OFFERED THEREIN, ARE OR WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE ALJ DISCLAIMING PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
  3. THE ALJ DISCLAIMING PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE ALJ DISCLAIMING PARTIES SPECIFICALLY DISCLAIM ANY SUCH WARRANTY. (SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.) BY ACCESSING OR USING THE SERVICE, HOWEVER ACCESSED, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
  4. THE ALJ DISCLAIMING PARTIES DO NOT ENDORSE ANY CONTENT OR MATERIAL MADE AVAILABLE ON OR THROUGH THE SERVICE, AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY SUCH CONTENT.
  5. NO STATEMENT OF THE ALJ DISCLAIMING PARTIES OR ANY OF THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR OTHER THIRD PARTIES, SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.

Q. LIMITATION OF LIABILITY

  1. UNDER NO CIRCUMSTANCES WILL THE ALJ DISCLAIMING PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE, ITS CONTENT, ANY PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE SERVICE, YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE OR ANY PRODUCTS OFFERED THEREIN, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE ALJ DISCLAIMING PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE, ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION OR ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE ALJ DISCLAIMING PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE ALJ DISCLAIMING PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. (SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.) IN NO EVENT WILL THE ALJ DISCLAIMING PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
  2. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ACTS OR OMISSIONS OF ANY OF THE ALJ DISCLAIMING PARTIES, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY PROGRAM, WEB SITE, APPLICATION, SOFTWARE, PLATFORM, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY ANY OF THE ALJ DISCLAIMING PARTIES (INCLUDING, WITHOUT LIMITATION, THE SERVICE), AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY PROGRAM, WEB SITE, APPLICATION, SOFTWARE, PLATFORM, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY ANY OF THE ALJ DISCLAIMING PARTIES (INCLUDING, WITHOUT LIMITATION, THE SERVICE).
  3. IN NO EVENT SHALL THE ALJ DISCLAIMING PARTIES’ LIABILITY TO YOU BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM. (NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.)

R. INDEMNIFICATION

  1. You (and also any third party for whom you operate an account or conduct any activity on the Service) agree to defend (at ALJ’S request), indemnify, and hold harmless ALJ, its independent contractors and consultants, and their respective directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (a) your access or use of the Service, including but not limited to with respect to User Submitted Content; (b) your purchases, orders, and transactions with ALJ; (c) your breach or alleged breach of these Terms of Use (including, without limitation, breach or alleged breach of any representation, warranty, or obligation set forth herein); (d) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (e) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (f) any misrepresentation made by you.
  2. You will cooperate as fully required by ALJ in the defense of any such claim. ALJ reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of ALJ.

S. ARBITRATION

  1. For any dispute you have with ALJ, you agree to first contact us at concierge@luminousdiamonds.com and attempt to resolve the dispute informally.
  2. For any dispute that cannot be resolved informally, you agree that any dispute that you have with ALJ (whether or not such dispute involves a third party), including, without limitation, disputes related to these Terms of Use, your use of the Service, and/or copyright, trademark, publicity and/or privacy rights, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes, and you hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor ALJ will participate in class action or class-wide arbitration for any claims covered by these Terms of Use. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if ALJ is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either ALJ or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.
  3. If the prohibition against class actions and other claims brought on behalf of third parties set forth hereinabove is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This Arbitration provision of the Terms of Use will survive the termination of your relationship with ALJ.
  4. ALJ reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with ALJ.

T. TIME LIMITATION ON CLAIMS

You agree that any claim you may have arising out of or related to the Service and/or your relationship with ALJ must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

U. ADDITIONAL PROVISIONS

1. These Terms of Use are governed by and construed in accordance with the Federal Arbitration Act, applicable United States federal law, and the laws of the State of New York, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

2. For any action at law or in equity relating to the arbitration provision of these Terms of Use, you agree to resolve any dispute you have with ALJ exclusively in a United States state or federal court located in the State of New York, and to irrevocably and unconditionally submit to the personal jurisdiction of the courts located in the State of New York for the purpose of litigating all such disputes.

3. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. ALJ’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any other provision or right set forth in these Terms of Use. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition set forth in these Terms of Use. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use.

4. The parties to these Terms of Use are independent contractors with respect to each other. These Terms of Use do not constitute and shall not be construed as constituting the parties as principal and agent, employer and employee, partners, joint venturers, or any similar relationship. These Terms of Use do not confer any third-party beneficiary rights other than as expressly provided for herein. Each party will bear its own costs and expenses in performing these Terms of Use.

5. You may not assign any of your rights or obligations under these Terms of Use, whether by operation of law or otherwise, without the prior written consent of ALJ. Any purported assignment or delegation by you without the appropriate prior written consent of ALJ will be null and void. ALJ may assign these Terms of Use or any rights hereunder without your consent. Subject to the foregoing, these Terms of Use will be binding upon, inure to the benefit of, and be enforceable by, the parties and their respective successors and assigns.

6. The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject ALJ to any registration requirement within such jurisdiction or country. ALJ reserves the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in their sole discretion, and to limit the quantities of any content, program, product, service or other feature provided within the Service.

7. ALJ does not represent or warrant that the Service or any part thereof or any products offered through the Service is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.

8. Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

9. These Terms of Use constitute the entire agreement between you and ALJ regarding the Service and governs your access and use of the Service, superseding any prior agreements between you and ALJ regarding the Service.