DIAMOND KINETICS MEMBERSHIP TERMS
Last Updated: 4/4/2024
By purchasing or using a Diamond Kinetics Membership, you agree to the following terms and conditions, which supplement and form a part of the Diamond Kinetics Terms of Service. Capitalized terms not defined here have the meaning given to them in the Diamond Kinetics Terms of Service.
A “Member” is any individual who has a Diamond Kinetics account for personal, non-commercial use. A “Membership Holder” is any Member who activates and pays the monthly subscription fees for a Membership. A “Membership” is either a Diamond Kinetics Premium Subscription + or a Diamond Kinetics App Membership, as defined below.
Membership Types and Billing Cycles
Premium Subscription + Membership. The Premium Subscription + Membership includes a Diamond Kinetics Device and access to Diamond Kinetics’s available content and features of “DK Plus”. A Premium Subscription + Membership provides you and members of your household at one residential address (up to 4 user profiles) with full access to Diamond Kinetics’s “DK Plus” content and features for for as long as the Premium Subscription + Membership remains active.
Billing Cycles and Auto-Renewal. Any Membership recurs on a monthly, quarterly, or annual basis until it is canceled in accordance with these Membership Terms. Billing occurs at the beginning of the Membership cycle and provides access for one month/quarter/year thereafter. By purchasing a Membership, you acknowledge that your Membership has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Membership by you or Diamond Kinetics. To change or terminate your Membership, go to your Account Settings at www.diamondkinetics.com or contact Member Support at email@example.com.
Termination or Cancellation of Subscription
Cancellation of Membership. If you terminate your Membership, you may use your Membership until the end of the then-current period and your Membership will not be renewed after that period expires. However, you will not be eligible for a prorated refund of any portion of the Membership fee paid for the then-current Membership period.
Suspension/Termination by Diamond Kinetics. Diamond Kinetics may immediately terminate or suspend your account, and all or a portion of your Membership, without notice if:
- your payment is overdue (provided that we will use reasonable efforts to notify you of the overdue payment before we terminate or suspend);
- you provide false or inaccurate information;
- you violate these Membership Terms, the Terms of Service or any other Diamond Kinetics rules or agreements then in effect;
- you engage in conduct that is a violation of any applicable law or tariff (including, without limitation, copyright and intellectual property laws); or
- if you engage in conduct that is threatening, abusive or harassing to Diamond Kinetics employees, agents, or other Diamond Kinetics users, including, for example, making threats to physically harm or damage property.
In the event that Diamond Kinetics determines, in its sole discretion, that your Membership is being accessed in a commercial setting or is for commercial use, Diamond Kinetics reserves the right either to terminate or suspend your Membership at any time by writing to you at the email address associated with your Membership.
If we terminate or suspend your Membership, your license to use any software or content provided in connection with the Membership is also terminated or suspended (as applicable). If your Membership is terminated, Diamond Kinetics has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges up to and including the date of termination. Should you wish to resume your Membership after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.
Amount to be Charged. Membership Holders agree to pay the fee specified when you purchased your Membership (plus any applicable taxes and other charges). If the amount to be charged varies from the amount you pre-authorized (other than due to the imposition of, or change in, applicable sales tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction, unless applicable law requires you to expressly consent to the change in price. Any agreement you have with your payment provider governs your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your failure to terminate and/or continued use of your Membership reaffirms that we are authorized to charge you for that Membership. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.
Billing Authorization. You may be asked to provide a payment method (such as a credit, charge or debit card number) that we accept in order to activate your Membership, along with other payment information. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies who act as billing agents for us. You hereby authorize us to charge your specified payment method on a monthly basis in line with your Membership cycle, in advance, for your Membership(s) and/or to place a hold on your payment method with respect to any unpaid charges for your Membership(s). You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Membership Terms shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Diamond Kinetics, nor any Diamond Kinetics agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Membership Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.
Third-Party Payment Processors. You agree to pay us, through our payment processors or financing partners (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes, even if payment has already been requested or received.
Bill Inquiries and Refunds. If you believe you have been billed in error for a Membership, please notify us within 3 days of the billing date by contacting Member Support at 412-223-5341 or emailing firstname.lastname@example.org. Diamond Kinetics will not issue refunds or credits after the expiration of this 3 day period, except where required by applicable law.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
WE WARRANT TO YOU THAT DURING THE WARRANTY PERIOD, THE DIAMOND KINETICS HARDWARE INCLUDED WITH YOUR PURCHASE OF A PREMIUM SUBSCRIPTION + MEMBERSHIP CONFORM TO OUR PUBLISHED SPECIFICATIONS WHEN SUBJECTED TO NORMAL, PROPER AND INTENDED STORAGE AND USAGE IN ACCORDANCE WITH THE TERMS OF SERVICE.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY STATEMENT, WE DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE HARDWARE AND SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE HARDWARE OR SERVICES ARE ERROR-FREE OR WILL ACCOMPLISH ANY PARTICULAR RESULT.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE HARDWARE IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
Who May Use This Warranty? This limited warranty extends only to the original purchaser of the Premium Subscription + Membership. It does not extend to any subsequent or other owner or transferee of the hardware or any transferee or other beneficiary of the Membership.
What Does This Warranty Cover? This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship.
What Does This Warranty Not Cover? This limited warranty does not cover any damages due to: transportation; storage; improper use; negligence of or by you, failure to follow the hardware instructions or to perform any preventive maintenance; modifications; combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by us; unauthorized repair; normal wear and tear; or external causes such as accidents, abuse, or other actions or events beyond our reasonable control. If we determine hardware for which you have requested warranty services are not covered by the warranty hereunder, you shall pay or reimburse us for all costs of investigating and responding to such request at our then prevailing time and materials rates. If we provide repair services or replacement parts that are not covered by this warranty, you shall pay us therefore at our then prevailing time and materials rates.
What is the Period of Coverage? This limited warranty starts on the date of shipment of the hardware and lasts as you have an active Premium Subscription + Membership and is conditioned on your compliance with these Membership Terms and the Terms of Service (the “Warranty Period”). We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
What Are Your Remedies Under This Warranty? With respect to any defective hardware during the Warranty Period, we will, in our sole discretion, either repair or replace such hardware (or the defective part) free of charge. We will also pay for shipping and handling fees to return the repaired or replacement hardware to you if we elect to repair or replace the defective hardware.
How Do You Obtain Warranty Service? To obtain warranty service, you must call 412-223-5341 or email our Customer Service Department at email@example.com during the Warranty Period to obtain a Return Merchandise Authorization (“RMA”) number. No warranty service will be provided without an RMA number.
What can you do in case of a dispute with us? The informal dispute resolution procedure detailed in the Terms of Service is available to you if you believe that we have not performed our obligations under this limited warranty.