TERMS OF USE

 

TERMS OF USE

Last Updated Date: January 15, 2015

THESE TERMS OF USE (TOU) SHALL GOVERN THE USE OF THE BLACK DIAMOND ADVANCED TECHNOLOGY, LLC (BDATECH) WEBSITE (BDATECH.COM) AND ALL PRODUCT LINE WEBSITES INCLUDING BDATECH.COM (HEREAFTER REFERRED TO AS “THE BDATECH WEBSITES”). IF ANY USER DOES NOT AGREE WITH THESE TERMS, THEN THAT USER SHOULD NOT USE THIS OR THE AFOREMENTIONED WEBSITES. BDATECH RETAINS THE RIGHT TO DENY ACCESS TO ANY USER AT ITS COMPLETE DISCRETION FOR ANY REASON, INCLUDING FOR VIOLATION OF ANY OF THESE TERMS OF USE.

THIS SERVICE AND THE CONTENT FROM OR THROUGH THESE WEBSITES ARE PROVIDED “AS IS,” AND BDATECH EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. BDATECH MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED HEREIN. BDATECH IS NOT RESPONSIBLE FOR ANY CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. IN NO EVENT SHALL BDATECH BE LIABLE TO YOU OR A THIRD PARTY FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, AND THE LIKE ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, EVEN IF BDATECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ACCEPTANCE OF THE TOU 

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICE OR BY UPLOADING OR POSTING ANY CONTENT (AS DEFINED BELOW) ON THE SERVICE, YOU, YOUR HEIRS, AND ASSIGNS (COLLECTIVELY, “YOU”) ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TOU, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SERVICE. IF YOU DO NOT AGREE TO THESE TOU, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE OR CONTENT. If you accept or agree to these TOU on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these TOU and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Certain areas of the Service, including but not limited to, the areas of the Service through which you may purchase BDATech products, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions (“Product-Specific Terms”). If there is a conflict between these TOU and terms and conditions posted for a specific area of the Service, the Product-Specific Terms will take precedence with respect to your use of or access to that area of the Service.

DISCLAIMERS

  1. Reasonable efforts are taken to ensure the accuracy and integrity of all information provided here, but Black Diamond Advanced Technology, LLC  is not responsible for misprints, out-of-date information, or errors. Black Diamond Advanced Technology, LLC  makes no warranty, express or implied, or assumes any legal liability or responsibility for the accuracy or completeness of any information contained on this website. All information on this website regarding products and services provided by Black Diamond Advanced Technology, LLC  is subject to change without notice.

  2. The Black Diamond Advanced Technology, LLC  website may provide links to other non-affiliated websites. Black Diamond Advanced Technology, LLC  makes no claim to the trademarks or service marks found on websites we link to, and cannot be responsible for any materials, content, legal or privacy policies or software on such websites.

  3. Although the information on this website is accessible worldwide, not all products or services discussed in this website are necessarily available to all persons or in all geographic locations or jurisdictions. Black Diamond Advanced Technology, LLC  reserves the right to limit the provision of products or services to any person, geographic area, or jurisdiction and to limit the quantities of any products or services provided. Any offer for any product or service made in the materials on this website is void where prohibited.

  4. THIS WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS.” BLACK DIAMOND ADVANCED TECHNOLOGY, LLC SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL BLACK DIAMOND ADVANCED TECHNOLOGY, LLC BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF BLACK DIAMOND ADVANCED TECHNOLOGY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE PROHIBITED BY STATE LAW, THESE DISCLAIMERS MAY NOT APPLY TO YOU.

GOVERNING LAW AND JURISDICTION

Unless otherwise specified, the materials in the BDATech website are presented solely for the purpose of promoting programs and other products available in the United States, its territories, possessions, and protectorates. The BDATech website is controlled and operated by BDATech from its offices within the State of Arizona, in the United States of America. These terms of use shall be governed by, construed, and enforced in accordance with the laws of the State of Arizona. Any action that the user or any third party brings that arises out of, or is in connection with, any matters related to the BDATech website shall be brought only in the state or federal courts of Arizona, and all users expressly consent to the jurisdiction of said courts. If any provision of the terms of use shall be unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and shall not effect the validity and enforceability of any remaining provisions. This represents the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing signed by BDATech.