Website Terms of Use
Effective Date: 10 December 2025
1. Use of the Site
These Website Terms of Use (“Terms”) govern your access to and use of the Heart In Diamond website, including all pages located at www.heart-in-diamond.com and any related subdomains (collectively, the “Site”). By accessing, browsing, or using the Site, you agree to be bound by these Terms and all applicable laws. If you do not agree to these Terms, you must discontinue use of the Site immediately.
Use of this Site does not create any contractual obligation regarding the purchase of a Heart In Diamond product. Orders for memorial diamonds are governed exclusively by the Purchase Order Form and its accompanying Terms and Conditions, which will be provided to you prior to any purchase.
You agree that your access to and use of the Site is strictly limited to lawful, personal, and non-commercial purposes and that you will comply with all applicable local, state, federal, and international laws when using the Site. You further agree that you will not use the Site for any activity that could harm Heart In Diamond, interfere with Site operations, compromise the integrity or security of any systems, or negatively affect other users.
- Bypass, disable, or interfere with any security features or technological protections on the Site.
- Probe, scan, or test the vulnerability of the Site or any connected network.
- Access or attempt to access data, accounts, systems, or servers not intended for your use.
- Introduce or distribute malware, viruses, Trojan horses, worms, or any other harmful code.
- Interfere with or disrupt the Site, bandwidth, servers, or connected networks, including through denial-of-service attacks or automated scraping software.
- Use any robot, crawler, spider, script, tool, or automated system to copy, monitor, harvest, or access the Site or Content without express written permission.
- Forge headers, falsify information, impersonate another person, or otherwise engage in deceptive conduct.
- Upload, transmit, or distribute unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content.
- Interfere with any purchase, transaction, or communication process hosted through the Site.
- Take any action that could impose an unreasonable or disproportionately large load on the Site’s infrastructure.
Heart In Diamond reserves the right to terminate or restrict your access to the Site, without notice, if we believe you have violated these Terms or engaged in inappropriate, unlawful, or harmful conduct. We may also pursue any legal remedies available for misuse of the Site.
Use of the Site does not grant you any rights in or to Heart In Diamond’s products, intellectual property, order processes, or proprietary systems, and no commercial exploitation, resale, or reverse-engineering of the Site is permitted.
2. Website Content
The Site and all Content provided on or through it are made available for general informational purposes, to help you understand our services, our diamond-creation process, and the ways in which you may interact with our company. While we strive to ensure the accuracy, clarity, and reliability of the information presented, Heart In Diamond makes no representation or warranty that any Content is free of errors, complete, up-to-date, or suitable for any particular purpose.
Content on the Site may include estimated timelines, artistic renderings, conceptual descriptions of scientific processes, sample photographs, videos, pricing ranges, and representations of potential outcomes. These materials are illustrative in nature and do not guarantee or promise any specific result or characteristic of any diamond or product. Your reliance on any Content is solely at your own discretion and risk.
The Site may contain typographical errors, inaccuracies, or omissions related to pricing, product descriptions, product availability, manufacturing timelines, or shipping information. Heart In Diamond reserves the right to correct any errors, inaccuracies, or omissions, and to modify, replace, or update any portion of the Content at any time without prior notice. We have no obligation to update Content, nor do we guarantee that any portion of the Site will remain available or unchanged.
All Content is provided “as is” and “as available.” You acknowledge that you must evaluate and bear all risks associated with the use of any Content, including decisions made based on information obtained through the Site. Nothing on the Site constitutes professional advice or creates any contractual or legal relationship unless expressly incorporated into a Purchase Order or other written contract executed between you and Heart In Diamond.
The User acknowledges and agrees that all information, descriptions, illustrations, timelines, scientific explanations, photographs, videos, or other materials displayed on the Site are provided solely for general informational purposes and do not constitute a contractual promise, warranty, guarantee, offer, or representation of any kind. Nothing on the Site creates any binding obligation on the Company, nor does any Site Content modify or supplement the written agreements, Purchase Order Terms, or other contractual documents executed between the User and the Company. Any purchase of a Product is governed exclusively by the Purchase Order Form and its accompanying Terms and Conditions, and no reliance may be placed on Site Content as evidence of any contractual commitment.
The User acknowledges that any descriptions of chain-of-custody procedures appearing on the Site are operational guidelines intended to illustrate how samples are generally handled within the Company’s workflow. These descriptions do not and cannot constitute or provide forensic, scientific, biometric, or legal verification of the identity, authenticity, or origin of any submitted sample at any time. The Company does not perform DNA analysis, genetic comparison, or identity-verification testing and expressly disclaims any obligation to establish or prove that any biological material used in the creation of a Product originated from a particular individual or source. The inability to perform such forensic or scientific verification shall not be construed as a defect, failure of service, or breach of any obligation.
3. Intellectual Property Rights
The Site, together with all Content, materials, design elements, text, images, graphics, logos, audio, video, software, data compilations, and other features displayed or made available through the Site, is the exclusive property of Heart In Diamond or its licensors and is protected by copyright, trademark, trade dress, trade secret, and other intellectual property laws in the United States and internationally. Your right to access and use the Site is conditioned upon strict compliance with these Terms.
Heart In Diamond grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for personal, non-commercial use. This license does not grant you any ownership interest in the Site or any Content and does not permit you to copy, reproduce, publish, republish, modify, distribute, transmit, create derivative works, publicly perform, publicly display, scrape, index, or otherwise exploit any portion of the Site or Content without the prior written consent of Heart In Diamond.
All trademarks, service marks, logos, names, and branding displayed on the Site, including the Heart In Diamond name and associated marks, are owned by Heart In Diamond or licensed to us. You may not use, reference, imitate, or display any trademark or logo without our express written permission. Nothing in these Terms or your use of the Site grants you any right, title, interest, or license in our intellectual property except for the limited personal-use license expressly stated above.
Any unauthorized use of the Site or Content may result in immediate termination of your access to the Site and may constitute a violation of intellectual property laws, subjecting you to civil or criminal liability.
4. Shipping Information
Shipping information presented on the Site is provided for general informational purposes and does not form a binding commitment or contractual obligation. All shipping timelines, delivery estimates, courier methods, shipping fees, and related service conditions are governed exclusively by the Purchase Order Form and the applicable Terms and Conditions provided at the time of purchase.
Heart In Diamond may, at its discretion, offer complimentary shipping, hand delivery through a company representative when available, or delivery via certain courier services such as FedEx Express. However, availability of specific shipping methods, delivery windows, and service options may vary depending on geographic location, courier availability, customs processing, and individual order requirements. Any shipping estimates provided on the Site are approximate and subject to change.
For international orders, you acknowledge that customs duties, import taxes, brokerage fees, and similar government charges are solely the responsibility of the customer. You are responsible for understanding and complying with the customs requirements applicable to your jurisdiction. Heart In Diamond is not liable for delays caused by customs inspection or the failure to pay required duties or taxes.
Your use of the Site does not override or modify the shipping, delivery, risk-of-loss, or related provisions contained in the binding Purchase Order Terms. In the event of any conflict between the general shipping information on the Site and the terms within your Purchase Order, the Purchase Order Terms shall govern.
5. Payment Information
Any descriptions of payment options, financing arrangements, or accepted forms of payment presented on the Site are provided solely for general informational purposes. While the Site may describe credit or debit card payments, wire transfers, check payments, online payment links, or installment plans, such descriptions do not constitute a binding representation, offer, or guarantee. Actual payment terms, required deposits, installment schedules, accepted payment methods, and all financial obligations associated with a Product purchase are governed exclusively by the Purchase Order Terms and any related written agreements presented at the time of purchase.
Heart In Diamond reserves the right to update or modify available payment options on the Site at any time without prior notice, and such updates do not retroactively alter the payment terms applicable to an existing order. The prices, fees, or payment references displayed on the Site are illustrative in nature and may not reflect the final pricing, tax obligations, or payment structure applicable to your specific order. Nothing on the Site shall be construed as a binding price quote or contractual commitment unless expressly confirmed through the formal ordering process and reflected in your signed Purchase Order Form and Terms and Conditions.
6. Cancellation, Returns, and Refunds
Any statements on the Site regarding cancellations, rescission periods, return options, or refund policies are provided for general guidance only and are not intended to modify, expand, or replace the binding contractual terms applicable to your purchase. All rights related to cancellation, cooling-off periods, refunds, returns, or adjustments are governed solely and entirely by the Purchase Order Terms, including any rescission period and refund limitations specified therein.
The Purchase Order Terms always supersede and control over any general statement appearing on the Site. Because most Heart In Diamond products are bespoke and custom-created, return and refund rights may be limited or excluded once production begins, subject always to applicable law.
7. Communications
By using the Site, submitting an inquiry, requesting a welcome kit, or otherwise providing your contact information, you acknowledge and agree that Heart In Diamond may contact you by email or telephone for purposes related to your inquiry, your account, the status of your order, the diamond-creation process, customer support, or other operational matters. If you affirmatively opt in to marketing communications, you may also receive promotional messages, newsletters, offers, or product updates. You may withdraw consent for marketing communications at any time without affecting your ability to make purchases or receive essential service-related communications.
8. Disclaimer of Warranties
The Site, including all Content, functionality, materials, and information made available through it, is provided on an “as is,” “as available,” and “with all faults” basis. Heart In Diamond makes no representations or warranties of any kind, whether express, implied, statutory, or otherwise, including any warranties of accuracy, reliability, completeness, timeliness, merchantability, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or freedom from computer viruses or other harmful components. Heart In Diamond does not warrant that the Site will meet your expectations, that access will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make it available are secure or free from unauthorized access.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEART IN DIAMOND, TOGETHER WITH ITS OWNERS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AFFILIATES, AND AGENTS, SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE SITE OR ANY CONTENT. THIS LIMITATION APPLIES TO ALL FORMS OF DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AS WELL AS DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, DEVICE MALFUNCTION, SYSTEM FAILURE, OR ANY OTHER COMMERCIAL OR PERSONAL LOSS.
10. Indemnification
By accessing or using the Site, you agree to indemnify, defend, and hold harmless Heart In Diamond and its owners, officers, directors, employees, contractors, partners, suppliers, representatives, affiliates, successors, and assigns from and against any and all claims, demands, actions, liabilities, damages, losses, fines, penalties, judgments, costs, and expenses, including reasonable attorneys’ fees and investigation costs, that arise out of or relate to your use or misuse of the Site or any Content, your breach or alleged breach of these Terms, your violation of any applicable law, regulation, or rule, or your actual or alleged infringement, misappropriation, or violation of any intellectual property right, privacy right, or other right of any third party. Heart In Diamond reserves the right, at its sole discretion and at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully with Heart In Diamond in the defense of any such claim and not to settle any matter without Heart In Diamond’s prior written consent. Your obligations under this indemnification provision will survive your use of the Site and the termination of these Terms.
11. Third-Party Sites
The Site may contain links or references to external websites, services, or platforms that are not owned or controlled by Heart In Diamond. Such links are provided solely for convenience and do not constitute an endorsement of any third-party content, policies, or practices. Heart In Diamond disclaims responsibility for the privacy practices, security standards, content, or availability of third-party websites.
12. Privacy
Your use of the Site is also subject to our Privacy Policy, which describes how we collect, use, store, and disclose personal information.
13. Modification of Terms
Heart In Diamond reserves the right to update, revise, or modify these Terms at any time to reflect operational, legal, or technological changes. Any revised version will be posted on the Site with a new effective date. Continued use of the Site after the effective date of an update constitutes acceptance of the revised Terms.
14. Governing Law and Venue
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except to the extent mandatory consumer protection laws of your place of residence apply. To the fullest extent permitted by law, any dispute arising from or relating to these Terms or the Site shall be brought exclusively in Los Angeles County, California.
15. Contact Us
If you have questions about these Terms or the Site, you may contact us using the contact details provided on the Site.