Terms & Conditions

Welcome to the world of David Alan!  David Alan provides services and products to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). We reserve the right to change this Website and these terms and conditions at any time. Accessing, browsing, or otherwise using the website indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding.

Use of Website

You represent and warrant that you are at least 18 years old or visiting the Website under the supervision of a parent or guardian.

Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable, and non-exclusive license to access and use the Website by displaying it on your internet browser only to shopping for personal items sold on the Website and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Website or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of another business unless explicitly permitted by us in advance. 

You shall not upload to, distribute, or otherwise publish through this Website any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

Reviews and Comments

Except as otherwise provided elsewhere in this Agreement or on the Website, anything that you submit or post to the Website, Social Media Channels and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, images and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

Intellectual Property

All text, graphics, button icons, images, audio clips, and software (collectively, “Content”), belongs exclusively to David Alan. The collection, arrangement, and assembly of all content on this Website (the “Compilation”) belong exclusively to David Alan. All software used on this Website (the “Software”) is the property of David Alan or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. David Alan and logos, slogans, trade names or words are registered trademarks, trademarks, or service marks of David Alan. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks about any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in Meta tags without prior explicit consent.

International Access

This Website may be accessed from countries other than the United States. This Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.

Policy on Ethical Sourcing

At David Alan, we only purchase diamonds through the largest and most respected suppliers who, like us, proudly adhere to and enforce the standards established by the Kimberley Process, an international system that polices the trade of diamonds to ensure they are from sources free of conflict. 

Disclaimer and Limitation of Liability

The information on this Website is provided on an “as is” basis. Fully permitted by law, David Alan:

  • Excludes all representations and warranties relating to this Website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Website and/or David Alan literature; and
  • Excludes all liability for damages arising out of or in connection with your use of this Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised David Alan of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Links

This Website may contain links to other Websites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such Website.

Remedies

You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.

No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees, and expenses.

No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future, or other waiver.

Applicable Law

This Website is created and controlled by us in the State of New York, USA. As such, the laws of the State of New York will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

Disputes

Any dispute relating in any way to your visit to the Website or to the products you purchase through the Website shall be submitted to confidential arbitration in New York, New York, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New York. You hereby consent to, and waive all defenses of lack of personal authority and forum non conveniens with respect to venue and authority in the state and federal courts of New York. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent authority. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.

Severability

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

Our Address

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website to:

David Alan 

2 West 45th Street, Ste 1403

New York, NY 10036

Privacy Policy

Please review our Privacy Policy, which also governs your visit to this Website, to understand our practices.