Diamond V Website Terms of Use

Welcome to the Website of Diamond V Mills, Inc. (“Diamond V”).  This Website provides product and industry information for your viewing and education.  You may download or print portions of this Website for your personal or internal business purposes only. The following rules govern your use of www.diamondv.com (“Website”).  The rules set forth herein apply to all materials, online communications and other information that is or becomes available on this Website (collectively, “Content”).  Please read these terms and conditions carefully. By accessing this Website you agree to be bound by the terms and conditions below. If you do not agree with these terms and conditions, please do not use this Website.

1.  Limitations on Use. The Content on this Website is for your personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or its Content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy this Website or its Content without Diamond V’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Website, except to the extent permitted above. You may not use or otherwise export or re-export this Website or any portion thereof, or its Content in violation of the export control laws and regulations of the United States of America . Any unauthorized use of this Website or its Content is prohibited.

2. Intellectual Property Rights. The Content available on this Website may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or international treaties ("Intellectual Property Laws").

• Copyright.  The copyrighted Content on this Website includes, but is not limited to, text, forms, images, video, graphics, source code and the other content of the Website. You are authorized to view the Content for informational purposes only. You may download or print Content for your personal or internal business purposes only. You acknowledge that you do not acquire ownership rights by downloading or printing copyrighted material. You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any Content for commercial purposes or otherwise use the Content in a manner that is inconsistent with these Terms of Use or any Intellectual Property Laws without first obtaining written permission from the copyright owner.   

• Trademark.  The Content may include names, trademarks, brands, logos, designs, trade dress, slogans and other designations appearing throughout the Website (“Trademarks”).  You are prohibited from using any Trademarks without permission from the trademark owner, except as permitted by applicable law.

3. Disclosure of Online Communications.  You are cautioned that any online communications may not be fully confidential.  In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel of Diamond V may in the course of their regular duties, have access to your communications for technical or operational purposes. Any online submission or communication made by you and directed to Diamond V shall become the property of Diamond V.  Diamond V may disclose any communications to the extent permitted or required by law.

4. Links to Other Sites.  Links on the Website to third party websites or information are provided solely as a convenience to you.  If you use these links, you will leave the Website.  Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Diamond V of the third party, the third-party website, or the information contained therein.  Diamond V is not responsible or liable for the availability of any such websites or the content thereon.

5. Disclaimer of Warranties.  This website is provided on an "as is" basis without warranties of any kind, either expressed or implied, including without limitation, any warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. Diamond V does not warrant that any information is complete or accurate, that this website will be uninterrupted or error free, or that any information is free of rogue programming.  Diamond V does not warrant that the information contained on the Website is appropriate for use outside the USA .  Please contact Diamond V directly for the most current product information.

6.  Profitability Disclaimer.  Some portions of this Website contain economic and financial calculations that demonstrate a projected return on investment when using Diamond V’s products.  These projections are derived from research and user input and are based on current economic conditions.  Diamond V does not guarantee that your results will be similar to the calculated projections.  Diamond V does not assume any liability from your usage or reliance on the projected economic calculations. 

7. Limitation of Damages.  Under no circumstances, including negligence, shall Diamond V be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result from the use or inability to use this website, including without limitation, use of or reliance on information available on this website, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, non-delivery of information, disclosure of communications or any other failure of performance.

8. Release and Indemnity.  You hereby release and waive any and all claims and/or liability against Diamond V arising from, or in connection with, your use of this Website. You also agree to defend, indemnify and hold harmless Diamond V from and against any and all claims or liability, including costs and attorneys’ fees, arising from, or in connection with, your use of this Website, or failure to abide by applicable law.

9. Governing Law and Jurisdiction.  Iowa law and controlling U.S. federal law govern any action related to these Terms of Use and/or your use of this Website without regard to choice of law rules. You agree to submit to the personal and exclusive jurisdiction of the courts located within Linn County , Iowa , U.S.A.  

10.  Severability of Provisions. These Terms of Use constitute the entire agreement with respect to access to and use of this Website and its Content.  If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

11.  Modifications to Terms of Use. Diamond V reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Website and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Website after any such changes constitutes your consent to such changes.