Terms of Service

OVERVIEW

Thank you for visiting the SNOW website, wholesale.snowdiamonds.com (“site”). This website is operated by FD3M, Inc. Throughout the site, the terms “we”, “us” and “our” refer to SNOW. SNOW offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Please note that SNOW does not guarantee that all products presented on the Website are in stock or are available for purchase. SNOW reserves its right to stop selling a product. Orders can only be placed by persons that are 18 years or older.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

This website may allow you to:

1. purchase physical products (e.g., hard goods and soft goods)

Shipping and delivery dates for any and all so-called “limited edition” and/or “pre-order” sales of products are not guaranteed unless otherwise specified.

Products on this website are limited to the sizes, colors and variants listed on this website. If a size or variant does not appear on this website, it is currently unavailable.

If SNOW decides to offer any additional products in this website, such future products will also be covered by these Terms.

Certain products or services may be available exclusively online through the website. These products or services are sold on a final sale basis, may have limited quantities, and are not subject to return or exchange.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - DEFECTIVE PRODUCTS

If you receive defective products, please notify us immediately and within a reasonable time after you have detected that the products are defective. If SNOW reasonably determines that the products are in fact defective, SNOW reserves the right to send you a non-defective identical replacement item.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us for any reason without explanation. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 8 - RESALE POLICY

You may purchase products from us for both personal use and for resale.

SECTION 9 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 10 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 11 - PAYMENTS

SNOW may accept some or all of a variety of payment options, including but not limited to Visa, MasterCard, American Express, Discover, PayPal, Apple Pay, and other digital payment services. Prices appear on this website and exclude sales tax unless otherwise stated. SNOW may change the prices for products at any time by posting new prices on this website.

By paying using your credit or debit card, or any other payment method, you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.

Prices may exclude delivery charges, which may be added to the total amount and will be calculated and displayed on screen prior to you submitting your payment details. Typically, the purchase will appear on your credit card or bank statement as SNOW.

It is always possible that, despite SNOW’s best efforts, some of the items listed on this website may be incorrectly priced. SNOW will usually verify prices as part of SNOW’s dispatch procedure so that, where a product’s correct price is less than SNOW’s stated price, SNOW will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on this website, SNOW will usually, at SNOW’s discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. SNOW is under no obligation to provide the product to you at an incorrect (e.g., lower) price, even after SNOW has sent you a Dispatch Confirmation, if the pricing error is obvious and/or could have reasonably been recognized by you.

Billing to your credit or debit card will take place prior to or at the time of dispatch in respect of physical product(s), or in respect of digital content, at the time of your purchase or soon afterwards

SNOW may use a third party service provider to process payments, but will ensure that any payment processor engaged by SNOW will use security to encrypt credit or debit card data.

SNOW will check all transactions for signs of fraud and may use a third party service provider to do so. If your order is flagged for fraud, your order will be delayed, and eventually a representative will contact you to verify your information. Please contact info@snowdiamonds.com with any questions related to your order if you are notified it is flagged for fraud.

SECTION 12 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you agree that you shall not use the site/service:

1. For any unlawful purpose;

ii To solicit others to perform or participate in any unlawful acts

1. To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
2. To infringe upon or violate our intellectual property rights or the intellectual property rights of others
3. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
4. To submit false or misleading information

vii. To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet

vii. To collect or track the personal information of others

1. To spam, phish, pharm, pretext, spider, crawl, or scrape;
2. With the aid of any robot, spider, crawler, automated device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Services or any Materials, interfere with product inventory or availability, or place or take preparatory steps to place orders for products, goods, or services;
3. To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. Individuals violating the restriction of password-protected areas of the site may be subject to prosecution.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall SNOW, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 16 - COPYRIGHT PERMISSION NOTICE

Copyright in the documents provided in this site (including, without limitation, the trademarks of SNOW, graphics, text, photos, designs, logos, icons, images, data and software) are owned by or licensed to SNOW and its affiliates. You are authorized to use this material only for personal, non-commercial purposes. You may download, print and store copies of this material for your own personal, non-commercial use, provided this Copyright Permission Notice is included in all such copies. You may not charge anyone for use of the material and you may not publish, duplicate or otherwise distribute the material to others without prior consent from SNOW. You may not modify the material in any way, without the prior written permission of the copyright owner. Except as expressly stated in this legal notice, no rights or licenses to the material, or any portion thereof, shall be granted or implied.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless SNOW and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 20 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of California and you and SNOW hereby irrevocably submit to the non-exclusive jurisdiction of the State of California, Los Angeles County as regards to any claim or matter arising in relation to these Terms.

SECTION 22 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 23 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@snowdiamonds.com.

Last Date Updated — October 2, 2023