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TERMS & CONDITIONS

BudgetDiamondsandGems.com ™ (Budget) DOES NOT WARRANT THAT INFORMATION CONTAINED ON THE SITE WILL BE ACCURATE, RELIABLE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Budget CANNOT BE HELD RESPONSIBLE FOR ERRORS AND OMISSIONS ON THE SITE AND RESERVES THE RIGHT TO MODIFY AND CORRECT ANY ERRORS AT ANY TIME. WE WILL NOT HONOR INACCURATE OR ERRONEOUS PRICES. OUR PRICES ARE ALSO SUBJECT TO CHANGE WITHOUT NOTICE. MATERIAL ON THE SITE MAY ALSO CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS (INCLUDING PRICING ERRORS), AND MAY BE CHANGED, UPDATED OR MODIFIED AT ANY TIME AND FROM TIME TO TIME WITHOUT NOTICE. Budget WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SUCH INACCURACIES, ERRORS, CHANGES, OR UPDATES. Budget MAY, IN ITS SOLE DISCRETION, ADD, DELETE, OR CHANGE SOME OR ALL OF ITS PRODUCTS AND SERVICES AT ANY TIME. Budget has made an earnest attempt to accurately depict the products offered for sale on the website. However, because the accuracy of a depiction is dependent on your computer monitor, Budget cannot guarantee that such depictions are an accurate representation. Please also note that products may appear larger or smaller than their actual size depending on your monitor. Please consult the written description of an item for measurements as some photographs may have been enlarged to show detail.

Budget EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED REGARDING THE USE OF THIS SITE OR ANY PRODUCTS OFFERED OR AVAILABLE THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PRODUCTS, SERVICES AND INFORMATION ON THE SITE ARE PROVIDED ON AN 'AS IS-WHERE IS' BASIS. NEITHER Budget NOR ITS AFFILIATES OR ANY OF THEIR EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SHAREHOLDERS, PREDECESSORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, 'AFFILIATES') WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SITE, THE INFORMATION CONTAINED ON OR TRANSMITTED FROM THE SITE OR PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE, OR TRANSACTIONS CONDUCTED AT THE SITE, EVEN IF Budget HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Limitation of liability:
IN NO EVENT SHALL Budget BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE OUR PRODUCTS, SERVICES OR THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS. THE TOTAL LIABILITY OF Budget OR ITS AFFILIATES ARISING DIRECTLY OR INDIRECTLY FROM THIS SITE OR ANY PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE SHALL NOT EXCEED THE LESSER OF THE AMOUNT PAID BY YOU TO Budget FOR THE SINGLE PRODUCT AT ISSUE, OR ONE THOUSAND DOLLARS ($1,000).


Should a dispute arise between the Parties which cannot be resolved by the Parties in good faith negotiations, both Parties agree to submit such dispute to arbitration in St. Paul, Minnesota, before a single arbitrator familiar with the Uniform Commercial Code using the Commercial Rules of the American Arbitration Association, as modified to be consistent with Minnesota law. The parties further agree that the laws of the state of Minnesota shall apply to conflicts. Both Parties expressly agree that any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Each party shall bear its own attorneys' fees and costs in connection with the proceedings and shall share equally the fees and expenses of the arbitrator.

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