"Non-Personal Information" (NPI) is information that is in no way personally identifiable and that is obtained automatically when you access our Website with a web browser.
"Personally Identifiable Information" (PII) is non-public information that is personally identifiable to you and obtained for us to provide you with a product or service. PII may include information such as your name, address, phone number, credit card information, and other related information that you provide to us.

Our Privacy Policy tells you what PII we may collect from you, how we may share your PII, and how you can limit our sharing of your PII.

Genesis Diamonds is committed to the security and privacy of all our customers. We take your privacy seriously, and we will work with you to ensure that you have an enjoyable online experience.

Genesis Diamonds and our affiliates respect your privacy and recognize the need for appropriate protection and management of your PII you share with us.

Our Website may contain links to other websites. You understand that these websites are not under our control and are not subject to our Privacy Policy. These websites will likely have their own privacy policies. We have no responsibility for these websites and provide links to these websites solely for your convenience.

You acknowledge that your use and access of these websites is solely at your own risk. It is your responsibility to check the privacy policies of these websites to see how they treat your personal information.

Generally, you control the amount and type of information you provide to us when using our Website. As a visitor to our Website, you can browse our Website to find out more about us. You are not required to provide us with any PII as a Visitor.

However, if you register as a Member to use our Website, you must provide PII in order for us to provide you with various features and/or functionality from our Website. As a Member, we collect your PII in the following ways:

At Member Registration

When you register for membership, we collect your name and email address {and other information listed}.

Online Forms

There may be online forms used in our Website. The information you enter into these online forms may contain PII.

Computer Information Collected

When you use our Website, we automatically collect certain computer information by the interaction of your mobile phone or web browser with our Website. Such information is typically considered NPI. We may also collect any of the following:

Cookies

Our Website uses “Cookies” to identify the areas of our Website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to personalize the Content that you see on our Website. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our Website correctly or at all. We never place PII in Cookies.

Web Beacons

We may also use a technology called, web beacons, to collect general information about your use of our Website and your use of special promotions or newsletters. The information we collect by Web Beacons allows us to statistically monitor the number of people that open our emails. Our Web Beacons are not used to track your activity outside of our Website. We do not link NPI from Web Beacons to PII without your permission.

Automatic Information

We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our Website, if any, as well as the name of the website to which you’re headed when you leave our website. This information also includes the IP address of your computer/proxy server that you use to access the Internet, your Internet Website provider name, web browser type, type of mobile device, and computer operating system. We use all of this information to analyze trends among our Users to help improve our Website.

How Information is Used

We use PII that you provide for our internal purposes, such as offering our services to you, confirming and tracking your order, subscription or registration; analyzing statistics and demographics; and informing you of new products, services, and offers as provided by us and/or our affiliates.

Our affiliates may have products, services, or offers about which you may be interested in receiving information and they may use the PII we have for you to contact you. If you don’t want to receive information from our affiliates, you can let us know so you’re no longer contacted by our affiliates about their products, services, or offers.

We may also combine information you give us online or through printed forms; publicly available information; and information we receive from other parties. We use this combined information for your online experience and to let you know about new products, services, offers, and other promotion.

To give you the best possible service, we may use our affiliates to provide contracted services for our business, including, but not limited to processing credit cards, hosting our website, shipping products to you, or advertising. In many cases, we will need to provide some if not all the PII you provide to use so our affiliates can perform these services. Our affiliates are only authorized to use your PII as provided within this Privacy Policy.

There are times that we may have to disclose your PII to comply with state and federal laws; to assist law enforcement and governmental agencies in preventing or investigating fraud or other crimes, or in response to a court order. In such instances, we will only provide the PII requested and your PII will only be used for legal purposes as opposed to marketing.

Finally, if we sold or transferred our business, we would transfer your PII to the purchaser as appropriate and might also retain a copy of your PII for any new business ventures we would start.

Changing Your Information

You may change your PII at any time using facilities found on our Website. If you need assistance with updating your PII or removing yourself from our mailing lists, just send us an email with your request or contact us using the Contact us information found on our Website.

Opting Out of Sharing Information

You can always opt out of future unaffiliated third-party disclosures of your information. Such opt-out will not affect disclosures otherwise permitted by law including but not limited to: (i) disclosures to affiliates, (ii) disclosures to third-party service providers who provide certain services for our business, such as credit card processing, computer system services, shipping, data management, or promotional services, (iii) disclosures to third parties as necessary to fulfill your requests, (iv) disclosures to governmental agencies or law enforcement departments or otherwise required to be made under applicable law, (v) previously completed disclosures to third parties, or (vi) disclosures to third parties in connection with subsequent contests or promotions you may choose to enter, or third-party offers you may choose to accept.

”California Do Not Track” Settings

Some web browsers have settings that enable you to request that our Website does not track your movement within our Website. Our Website does not obey such settings when transmitted to and detected by our Website.

Change and Turn off tracking features in your browser. You can turn off tracking features and other security settings in your browser by visiting the following links:

• For Internet Explorer visit: http://goo.gl/0taI7I
• For Mozilla Firefox visit: http://goo.gl/IKxt9l
• For Google Chrome visit: http://goo.gl/NQIkqE
• For Safari visit: http://goo.gl/7XCOzL

Google Analytics Opt-out Browser Add-on. Google provides a free add-on to most major browsers that you can install to prevent your data from being collected and used by Google Analytics. Visit the following link to download the free Google Opt-out Add-on Tool: http://goo.gl/Ls82zv

Protecting Your Child’s Privacy

We follow the Children’s Online Privacy Protection Act (COPPA). Even though our Website is not designed for use by anyone under the age of 18 (child), we realize that a child may attempt to access our Website. We do not knowingly collect PII from a child. If you are a parent or guardian and believe your child is using our Website, please contact us. We may ask for proof of identification before we remove any information to prevent malicious removal of account information. If we discover on our own that a child is accessing our Website, we will delete the information as soon as we discover it, we will not use the information for any purpose, and we will not disclose the information to third parties. You acknowledge that we do not verify the age of our users nor do we have any liability to do so. If you are a child, please seek the permission of a parent or guardian before accessing our Website.

We comply with the federal CAN-SPAM Act. You can always opt out of receipt of further email correspondence from us or our affiliates. We will not sell, rent, or trade your email address to any unaffiliated third-party without your permission except in the sale or transfer of our business.

We have taken steps to build our Website using sophisticated encryption and authentication tools to protect the security of your PII. When we collect your PII through our Website, we will encrypt your PII before it travels over the Internet using industry standards as establishing for conducting secure online transactions. We also use industry standard technologies such as secure routers and fire walls to make sure that your PII is safe. Unfortunately, we cannot fully guarantee secure data transmission over the Internet because of its nature.

Once we receive your PII, we have industry standard security measures in place to protect against the loss or misuse of your PII, though again, we cannot fully guarantee against such loss or misuse. We strongly urge you to protect any password you may have for our Website and not share it with anyone. You should always log out of our Website when you are done using it, especially if you are sharing a computer with someone else or are using a computer in a public place.

You may have to provide a credit card to buy products and services from our Website. We use third-party billing services and HAVE NO CONTROL over these services. We use our commercially reasonable efforts to make sure that your credit card number is kept STRICTLY CONFIDENTIAL by using only third-party billing services that use industry-standard encryption technology to protect your credit card number from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your credit card number.

As necessary to address changes in laws or our business practices, we may modify our Privacy Policy, in whole or in part, to address these changes. We will typically notify users by some message on our Website home page that our Privacy Policy has changed. We will also change the "Last Updated" date at the beginning of this Privacy Policy. Any changes we make to our Privacy Policy are effective as of this Last Updated date and replace any prior Privacy Policies. We encourage you to review our Privacy Policy periodically to make sure you still agree with it.

If you have any questions about our Privacy Policy, please contact us using the Contact us information found on our Website.

This is a binding legal contract between you and Genesis Diamonds, LLC (“Genesis Diamonds”), a corporation headquartered in Davidson County, Tennessee, located at 3742 Hillsboro Pike, Nashville, TN 37215-2118. This contract affects your legal rights and obligations and your available legal remedies regarding your purchase. Accordingly, please read this contract carefully before signing it.

By signing this contract, you agree that all legal disputes that you have with Genesis Diamonds—including disputes arising out of or related to this contract—shall be governed by, and construed in accordance with, the substantive law of the State of Tennessee regardless of any applicable conflict of law rules. You further agree that any lawsuit between you and Genesis Diamonds shall be brought exclusively in a state court located in Davidson County, Tennessee—Genesis Diamonds’ principal place of business and the location of Genesis Diamonds’ corporate headquarters—and that no lawsuit, claim, or dispute between you and Genesis Diamonds shall or may be brought in any other venue, with the sole exception of claims arising exclusively under substantive federal law, which you agree shall only be subject to, and referred for, binding arbitration with the American Arbitration Association or another mutually agreed upon arbitration organization.

Without limiting any individual rights or claims that you may have against Genesis Diamonds, you agree that any legal claim that you have or may have against Genesis Diamonds, regardless of venue, and whether arbitrated or otherwise, may and shall be pursued on an individual basis only. Thus, by signing this contract, you expressly WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY LEGAL CLAIM AS A CLASS ACTION, WHETHER AS A MEMBER OF A CLASS, AS A CLASS REPRESENATIVE, OR AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF A CLASS.

By signing this contract, you acknowledge your understanding that the items and products that Genesis Diamonds offers for sale are or contain commodities that carry constantly changing prices, and that the value of such items and products can—and often does—fluctuate rapidly as a consequence. Accordingly, you agree that time is of the essence regarding any legal action(s) you have or may have against Genesis Diamonds, and that notwithstanding any otherwise applicable statute of limitations, you must file, within absolutely no more than sixty (60) days of sale, any legal action(s) arising out of or related to your purchase or this contract—including, but not limited to, all claims, counter-claims, causes of action, demands, rights, or suits whatsoever, whether common law, statutory, or extra-contractual, in law or in equity, for developed or undeveloped damages—regarding the quality or value of your purchase or any other matter; otherwise, the action(s) shall be forever time-barred. The date of sale shall be presumed to be the date that this contract is signed by you. If, but only if, the basis for such action(s) both was not and could not have been known to you on the date of sale, then you agree to file such action(s) within absolutely no more than sixty (60) days of the date that the basis for such action(s) was or could have been discovered; otherwise, the action(s) shall be forever time-barred.

By signing this contract, you agree to pay Genesis Diamonds the amount due; you affirm that you are authorized to use the method of payment used to pay Genesis Diamonds the amount due; you agree to abide by the terms of this contract; and you agree to comply with Genesis Diamonds’ terms and conditions of sale. In the event that you breach this contract or Genesis Diamonds is required to take legal action to protect or exercise its rights under this contract, including in defense of any claim filed by you, you agree that Genesis Diamonds may seek to enforce the provisions of this contract in court pursuant to the terms of this contract, and that Genesis Diamonds may thereafter recover its reasonable attorney’s fees, costs, and discretionary costs from you with respect to any claim upon which Genesis Diamonds prevails.

This contract constitutes the entire agreement between you and Genesis Diamonds. By signing this contract, you agree that this contract replaces and supersedes any and all prior oral and/or written communications, agreements or understandings between you and Genesis Diamonds or any Genesis Diamonds employee, agent, or representative regarding its subject matter. By signing this contract, you further agree and acknowledge that Genesis Diamonds may modify or update its policies from time to time through its website, which shall be made known to you at https://www.genesisdiamonds.com/policies.html or a subsequent web address. By signing this contract, you consent to and agree to be bound by any updated store policy unless, within 30 days of an updated policy taking effect, you communicate to Genesis Diamonds, via certified USPS mail, return receipt, sent to Genesis Diamonds, LLC, 3742 Hillsboro Pike, Nashville, TN 37215, your desire not to be bound by an updated policy, in which case the Genesis Diamonds policies that were in effect on the date of sale shall govern. Genesis Diamonds agrees to afford you any benefit(s) associated with an updated policy regardless of whether or not such policy was in effect on the date of sale. By signing this contract, you agree that your purchase, and any previous purchase made at any Genesis Diamonds location, shall be subject to Genesis Diamonds’ current policies and to this agreement. You further agree that if any provision of this contract is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire contract shall remain in effect.

This Laboratory-Created Diamond Disclosure, Release, and Indemnity Agreement (“Agreement”) is made and entered into by and among Genesis Diamonds, LLC, a Tennessee corporation, and all other Genesis Diamonds entities (collectively “Genesis Diamonds”), on the one hand; and the purchaser of a man-made; laboratory-created; laboratory-grown; or synthetic diamond from Genesis Diamonds (“Purchaser”), on the other (each a “Party,” and collectively, the “Parties”).  

1. Disclosure and Purpose: Technological advances have made it possible to create diamonds in a laboratory.  These stones have essentially the same optical, physical, and chemical properties as mined diamonds.  See Federal Trade Commission Statement of Basis and Purpose: Final Revisions To the Jewelry Guides, 2018 WL 11412834, at *58, available at https://www.ftc.gov/system/files/documents/public_statements/1393857/g71001_jewelry_guides_statement_of_basis_and_purpose_final_8-8-18.pdf.  Because Purchaser has indicated Purchaser’s desire to purchase a man-made; laboratory-created; laboratory-grown; or synthetic diamond from Genesis Diamonds that is not a mined diamond (a “Laboratory-Created Diamond”), the purpose of this Agreement is: (i) to clearly and conspicuously disclose to Purchaser that the stone that Purchaser is purchasing from Genesis Diamonds is not a mined diamond; (ii) to release Genesis Diamonds from any conceivable legal claim, liability, or cause of action related to the fact that the stone that Purchaser is purchasing from Genesis Diamonds is a Laboratory-Created Diamond; (iii) to inform Purchaser of Purchaser’s obligations to disclose to any future recipient of Purchaser’s stone that the stone is a Laboratory-Created Diamond; and (iv) to establish Purchaser’s agreement and obligation to indemnify Genesis Diamonds regarding any future legal claim that is or may be asserted against Genesis Diamonds by any future recipient of Purchaser’s stone that relates to the fact that the stone that Purchaser is purchasing from Genesis Diamonds is a Laboratory-Created Diamond.

2. Consideration: As an essential and material condition of Genesis Diamonds’ agreement to sell a Laboratory-Created Diamond to Purchaser, Purchaser agrees to the terms of this Agreement.

3. Acknowledgment:  Purchaser acknowledges, understands, and agrees that Purchaser is purchasing a Laboratory-Created Diamond from Genesis Diamonds.  Purchaser acknowledges, understands, and agrees that both the value and resale value of a Laboratory-Created Diamond are significantly and materially lower than the value and resale value of a mined, natural diamond that is not man-made. Purchaser further acknowledges, understands, and agrees that Laboratory-Created Diamond that Purchaser is purchasing from Genesis Diamonds may and likely will lose value.  Genesis Diamonds having clearly and conspicuously disclosed to Purchaser that the Laboratory-Created Diamond that Purchaser is purchasing from Genesis Diamonds is not a mined diamond, Purchaser acknowledges, understands, and agrees that Purchaser is nonetheless seeking to purchase a Laboratory-Created Diamond from Genesis Diamonds notwithstanding Purchaser’s actual knowledge of the stone’s significantly and materially lower value and resale value.

4. Release of Liability: In addition to the general limitations on Purchaser’s legal rights, obligations, and remedies agreed to by Purchaser pursuant to Genesis Diamonds’ Terms and Conditions of Sale, Purchaser further and specifically agrees to release Genesis Diamonds from any and all conceivable legal claims, liability, or causes of action, of any kind or nature, in law or in equity, related to the fact that the stone that Purchaser purchased from Genesis Diamonds is a Laboratory-Created Diamond.

5. Agreement to Disclose Man-Made Nature of Stone to Future Recipients:  Purchaser agrees that Purchaser shall conspicuously disclose to any future recipient of Purchaser’s stone the fact that Purchaser’s stone is a Laboratory-Created Diamond and is not a mined diamond.  This disclosure shall be made by Purchaser before any future exchange of Purchaser’s stone, including but not limited to any gift, proposal, trade, pawn transaction, or sale involving Purchaser’s stone.

6. Limited Indemnity Agreement:  Purchaser agrees to indemnify, defend, and hold harmless Genesis Diamonds, its employees, and its agents from and against any asserted or threatened legal claim, cause of action, demand, subpoena, or discovery request, of any kind or nature, in law or in equity—regardless of type or forum—relating in any way to the fact that the stone that Purchaser is purchasing from Genesis Diamonds is a Laboratory-Created Diamond (a “Claim”).  Purchaser agrees to pay all attorney’s fees, costs, expenses, settlements, and judgments incurred by Genesis Diamonds and/or its employees and agents as a result of any such Claim, including but not limited to all expenses related to pre-suit investigation and negotiation, and including but not limited to expenses associated with subpoena compliance.  If Genesis Diamonds is subject to any such Claim, then Genesis Diamonds shall have the right to select counsel of its own choosing to respond to or defend against the Claim at Purchaser’s sole expense.

7. Final Sale; No Returns:  Purchaser acknowledges, understands, and agrees that Purchaser’s purchase of a Laboratory-Created Diamond is a final sale; that no refund regarding Purchaser’s Laboratory-Created Diamond shall be available to Purchaser after purchase; and that the Laboratory-Created Diamond that purchaser is purchasing is not subject to return and is not returnable under any Genesis Diamonds return policy.

8. Laboratory-Created Diamond Upgrade Policy: At Purchaser’s option, Purchaser may exchange Purchaser’s Laboratory-Created Diamond for credit toward another Laboratory-Created Diamond that is priced at two times or more what Purchaser originally paid.  If Purchaser opts to upgrade to under this policy, Purchaser shall receive Purchaser’s full original purchase price as credit toward Purchaser’s upgraded purchase.  This policy applies only to laboratory-created diamonds; Purchaser may not exchange Purchaser’s Laboratory-Created Diamond for credit toward any other item.

9. Grading Disclosure: Diamond grading laboratories provide a quality report (“Certification”) that grades certain characteristics—including color and clarity—that can affect a diamond’s value. Within the diamond industry, Certifications issued by the Gemological Institute of America (“GIA”) are generally considered to be superior and subject to more stringent grading standards.  Because diamond grading laboratories’ standards vary, if different labs were to grade the exact same diamond, they could give that same diamond a different grade regarding one or more characteristics that can affect the diamond’s value.  It is not uncommon to see differences of 2-3 color grades and 1-2 clarity grades between grading laboratories.  Genesis Diamonds, however, does not independently certify diamonds, and Genesis Diamonds’ laboratory-created diamonds are primarily certified and graded by the International Gemological Institute (IGI).  By signing this contract, you affirm your understanding of the above, and as a condition of purchasing a diamond from Genesis Diamonds, you agree to hold Genesis Diamonds harmless, and covenant never to sue Genesis Diamonds, regarding any actual or alleged inaccuracy related to the grading or Certification of your Laboratory-Created Diamond.  Nothing in this contract affects your right to assert a claim directly against a grading laboratory regarding an actual or alleged inaccuracy in a Certification; however, you agree as a condition of your purchase that no such claim will ever lie or be maintained by you or any subsequent recipient of your purchase against Genesis Diamonds.  If you would like a second or additional Certification from another grading laboratory, including GIA, before purchasing your Laboratory-Created Diamond from Genesis Diamonds, Genesis Diamonds will obtain it for you, but you will be charged a $250.00 certification fee.

10. Choice of Law and Forum:  The Parties agree that the terms of this Agreement shall be governed by, subject to, and construed in accordance with the laws of the State of Tennessee, without regard to the application of any conflict of laws rules.  The Parties agree that the sole forum for bringing any lawsuit arising out of the terms of Agreement or relating to any of the obligations set forth herein shall be in the Chancery Court of Davidson County, Tennessee.  By executing this Agreement, the Parties consent to and agree to subject themselves to the personal jurisdiction of the courts of Davidson County, Tennessee.