Terms & Conditions
OVERVIEW
This website is operated by Dr Diamond's Metacine. Throughout the site, the terms “we”, “us” and “our” refer to Dr Diamond's Metacine. Dr Diamond's Metacine 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.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
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). 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
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy. 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 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. 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 store. 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.
For more details, please review our Refund Policy.
SECTION 7 - 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 the 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 8 - 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 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - 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 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) 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.
SECTION 13 - 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 Dr Diamond's Metacine, 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 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Dr Diamond's Metacine 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 15 - 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 16 - 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 17 - 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 governs 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 18 - 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 United States.
SECTION 19 - 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 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@drdiamondsmetacine.com.
SECTION 21 - LOYALTY MEMBERSHIP AND REWARDS PROGRAM
1. Membership & Eligibility
The Metacine Collective Rewards Program ("Program") is a free rewards program offered by Diamond Laboratories, Inc. dba Dr. Diamond’s Metacine ("Dr. Diamond’s Metacine") to its customers in the Program ("The Metacine Collective") is limited to individuals only and is limited to one account per individual. No purchase is necessary to become a metacine collective member.
BY APPLYING FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS ("TERMS").
BY AGREEING TO THESE TERMS, YOU REPRESENT THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE.
2. Membership Tiers; Earning and Redeeming Rewards Points
Membership Tiers Generally
There are two tiers of membership in the Program: Collective and Diamond. Achieving Collective or Diamond status requires meeting a specific guidelines, as explained below. All membership tiers enjoy a variety of benefits made available by Dr. Diamond’s Metacine in its sole discretion from time to time (“Benefits”). Benefits may vary by tier and some tiers may have more Benefits than others. The type, timing and availability of any Benefits (including Rewards, as defined below, special offers, one-of-a kind experiences, exclusive events, and/or advance access to products) will be determined by Dr. Diamond’s Metacine in its sole discretion.
Dr. Diamond’s Metacine may, in its sole discretion, alter, limit, or modify the tier rules, regulations, benefits, eligibility for membership, or any other feature of a particular tier or may terminate a particular tier at any time in its sole discretion, without prior notice except as expressly set out in these Terms or required by applicable law.
Collective Member
All members are automatically Collective Members upon enrollment. Subject to removal from the Program (as explained in Section 3 below), a member will remain a Collective Members indefinitely unless sign-up for subscription to achieve Diamond Members status.
Diamond Member
Diamond Member status is granted to members who are enrolled in the subscription program. Diamond Members status is available as long as the member is enrolled in the subscription program. If a member cancels their subscription they will revert to Collective Members status.
Membership Tier Status
Following your initial tier placement, member tier status is based solely enrollment or lack thereof in the subscription program.
3. Rewards Points
Under the Program, each tier of membership will have 1 rewards point credited to their account for every U.S. dollar spent (a “Rewards Point”). Plus members of Diamond tier earn 1.5 points for every $1 spent. Members can redeem a $15 discount coupon for 500 reward points, $30 discount coupon for 1000 reward points and a $45 discount coupon for 1500 points, and this continues in 500 point increments. The points can be redeemed only one time with a minimum purchase of $100 on orders. The reward redemption cannot be combined with any coupons or promotions, unless stated otherwise in the promotions terms and conditions. Rewards Points will not be earned on any orders paid with Rewards Points.
Any reference to "merchandise" or the value of merchandise in these Terms for purposes of collecting Rewards Points includes all Dr. Diamond’s Metacine products* sold online at drdiamondsmetacine.com (*Exclusions may apply). It does not include payment for taxes and shipping fees.
As part of the Benefits of being a member, your Rewards Points may be redeemed for rewards made available by Dr. Diamond’s Metacine from time to time in its sole discretion (“Rewards”). You are eligible to redeem Rewards Points for a Reward if you have enough Rewards Points in your account. The retail value of the Reward does not count toward Dr. Diamond’s Metacine 's free shipping thresholds. Rewards can only be redeemed online.
Rewards Points themselves have discount value if you have enough Rewards Points (500 points -> $15, 1000 points -> $30, 1500 points ->$45, and this continues in 500 point increments). The point redemption is valid with a minimum purchase of $100 on orders. Dr. Diamond’s Metacine may, in its sole discretion, allow Rewards Points to be redeemed for other benefits or items of merchandise from time to time.
Rewards Point Expiration
It's our hope that you redeem your Rewards Points on a regular basis. All unredeemed Rewards Points will expire 12 months after they were earned or when a program member has not engaged in Rewards Point activity associated with that membership account (through purchase or redemption) for 12 months. If you have questions regarding the date of your last Rewards Point activity or your last purchase, please consult your account page. If you feel your Rewards Points have expired in error, please email Customer Service at support@drdiamondsmetacine for assistance.
Additionally, Rewards Points will automatically expire if your Membership is revoked or otherwise canceled for the reasons further set forth herein.
4. Referral Program
Qualified Referral. A Qualified Referral is defined as a purchase made at the Site by a person (a “Referred Customer”) who arrives to our website by clicking your Referral Program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address). The Referred Customer must be a new customer to the Site. The Referred Customer purchase must be greater than or equal to $250 to use the $20 referral coupon code. Only one code per order.
Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete an order greater than or equal to $250 in total value, minus all fees including taxes, shipping, returns, chargebacks, fraudulent payments, and/or other third-party fees. The Referrer may only use one $20 code per order. Referral rewards are not able to be combined with any other promotional codes, loyalty points, or special sales.
Eligibility. Eligibility is limited to individuals only. Dr. Diamond’s Metacine’s Referral Program cannot be used by businesses for any purpose, including affiliate lead generation.
No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Dr. Diamond’s Metacine’s Referral Program.
Right to Close Accounts. Dr. Diamond’s Metacine reserves the right, in its sole discretion, to close the account(s) of any Referrer and/or Referred Customer at any time, and to request proper payment if the Referrer and/or Referred Customer attempted to use or utilized the Dr. Diamond’s Metacine’s Referral Program in a questionable manner, breaches any of the applicable terms and conditions, or is in violation of any law, statute or governmental regulation.
Right to Cancel Program or Change Terms. Dr. Diamond’s Metacine reserves the right to cancel the Referral Program or to change these terms and conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
5. Subscription Milestones
Program Structure. The Program rewards participants based on the length of their continuous subscription with the Company. The Program comprises multiple milestones, each associated with specific rewards. Dr. Diamond’s Metacine reserves the right to modify the Program structure, milestones, and rewards at any time, without prior notice.
Earning Rewards. Participants are eligible to earn rewards upon reaching specific subscription milestones as determined by Dr. Diamond’s Metacine. Rewards may include but are not limited to discounts, free products, exclusive offers, and other benefits as determined by Dr. Diamond’s Metacine. The Company will communicate the details of each milestone and associated rewards to Participants via email or other designated communication channels.
Redemption of Rewards. Participants can redeem earned rewards within the designated redemption period specified by Dr. Diamond’s Metacine. Redemption instructions and restrictions will be provided by Dr. Diamond’s Metacine Rewards are non-transferable, non-exchangeable, and have no cash value.
6. Changes, Termination and/or Removal from Program
Dr. Diamond’s Metacine may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, Rewards, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program at any time at its sole discretion, by posting any such changes on the Dr. Diamond’s Metacine US website.
YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES AND ANY NEW TERMS.
Dr. Diamond’s Metacine reserves the right to exclude individuals from the Program or remove Rewards Points from a member's account in its sole but reasonable discretion. In particular, any abuse, manipulation or "gaming" of the Program or its rules (as determined by Dr. Diamond’s Metacine), failure to follow any terms of the Program, Membership inactivity for more than 12 months, any misrepresentation or conduct detrimental to the interests of Dr. Diamond’s Metacine not otherwise protected by law may subject members to Membership revocation or deduction of Rewards Points obtained through these abusive or manipulative activities and will affect eligibility for further participation in the Program. Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any Rewards Points in your account will automatically expire. Dr. Diamond’s Metacine reserves the right to make changes to its Website and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.