Use of Our Services
By agreeing to these Terms, you represent that you are at least the age of majority in your state province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. You may not use our services or information for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.
We reserve the right to refuse service to anyone for any reason at any time. You are responsible for using the Site in a private and secure manner.
Creating an account in the Site is optional. To access our Site or to make a purchase, you do not necessarily need to create an account, you can purchase as a guest. You will need to provide valid phone number and email address at the time of checkout. As indicated above, by doing so, You represent and warrant that you are over the age of eighteen (18) and are capable of entering into legally binding agreements in the relevant jurisdiction(s).To create a member account, You must create a password-protected account (“Account”).
Access to Site
We will do our utmost to ensure that availability of the Site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
Rights and Obligations of Black Diamond Solutions
Black Diamond Solutions will attempt to continuously innovate in order to provide the best possible Services to its Black Diamond Solutions. You acknowledge and agree that the form and nature of the Services provided by Black Diamond Solutions may change from time to time without any prior notice.
You acknowledge and agree that Black Diamond Solutions may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to User at its sole discretion.
You acknowledge and agree that if Black Diamond Solutions disables access to your account or login route, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
Black Diamond Solutions shall not be responsible for any loss or damage caused by a modification of the features, limitation of use of the Services or the discontinuation altogether thereof.
Third Party Websites
The Site may contain links to other websites. The Site also may utilize third party services, advertisements, offers and payment systems. Black Diamond Solutions is not responsible for these third-party products, services or their contents. The inclusion of such a link does not imply endorsement of the services or its contents or any association with its operators. Black Diamond Solutions is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall Black Diamond Solutions be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or services available from third parties. Any concerns regarding any third-party website should be directed to its respective site administrator.
Site Content and Intellectual Property
This Site as a whole, as well as all materials, images, text, illustrations, designs, concept, idea, icons, photographs, video clips, audio signals, structure, layout, software, “look and feel,” and other elements contained on or otherwise making up this Site (collectively, the “Contents”), are protected by copyright, trademark, trade dress, and other intellectual property laws and international conventions. Unless otherwise noted, all worldwide rights, titles, and interests in and to the Site and Contents are owned or licensed by Black Diamond Solutions. Black Diamond Solutions and the logo are trademarks or registered trademarks of Black Diamond Solutions. These trademarks may not be used without express permission from Black Diamond Solutions. Black Diamond Solutions grants you a limited, non-exclusive, non-transferable license to access and use the Site and Contents for purposes of general browsing, and/or conducting business with Black Diamond Solutions. In all events, however, you shall not be permitted to, you shall not, and you shall not permit others to: (i) copy, adapt, display, distribute, publish, disseminate, transmit, store, sell, or use the Site and/or the Contents for any purposes or in any manner other than as intended and expressly authorized in writing by Black Diamond Solutions; (ii) attempt to remove from the Site, download, copy, recreate, disassemble, modify, destroy, tamper with, deactivate, translate, reverse engineer, or decompile any software or other Contents on the Site; or (iii) assign, sell, sub-license, lease, or otherwise transfer your right to use the Site or the Contents. You may not reproduce this material on your personal website, blog, social network, or any other online resource without express written permission or as allowed by any license terms entered into with Black Diamond Solutions.
Those who choose to access the Site do so at their own will and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or any part of the Site, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You should not try to decipher, decompile, disassemble, or reverse engineer any of the software on the Site, or in any way used or downloaded from the Site. You should use any of the software on the Site, or downloaded from the Site, to create a competing product or service.
EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING IS PROVIDED ON "AS IS" BASIS. IN PARTICULAR, BLACK DIAMOND SOLUTIONS DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND BLACK DIAMOND SOLUTIONS WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLACK DIAMOND SOLUTIONS OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THE TERMS. BLACK DIAMOND SOLUTIONS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
BLACK DIAMOND SOLUTIONS SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THESE TERMS OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF BLACK DIAMOND SOLUTIONS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE LESSER OF THE AMOUNT PAID TO BLACK DIAMOND SOLUTIONS BY YOU UNDER THESE TERMS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. BOTH PARTIES UNDERSTAND AND AGREE THAT THE REMEDIES AND LIMITATIONS HEREIN ALLOCATE THE RISKS OF PRODUCT AND SERVICE NONCONFORMITY BETWEEN THE PARTIES AS AUTHORIZED BY APPLICABLE LAWS. THE FEES HEREIN REFLECT, AND ARE SET IN RELIANCE UPON, THIS ALLOCATION OF RISK AND THE EXCLUSION OF CONSEQUENTIAL DAMAGES SET FORTH IN THIS AGREEMENT.
These Terms constitute the legal agreement between you and Black Diamond Solutions and govern your use of the offering, but without prejudice to any additional Terms which may be part of an agreement specific to the Services you wish to avail of (but excluding any offering which Black Diamond Solutions may provide to you under a separate written agreement), and completely replace any prior agreements between you and Black Diamond Solutions in relation to the offering.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
These Terms, and your relationship with Black Diamond Solutions under these Terms, shall be governed by the laws of the Province of Ontario, Canada and Courts in Canada shall have jurisdiction.
You agree that if a dispute arises between you and Black Diamond Solutions, We will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, you must first contact us directly and work with us to resolve the dispute. If a dispute cannot be resolved, such dispute will be referred to binding mediation between the parties and the decision of the mediation shall be final and binding to both the parties. In the event that the mediation fails to yield a result within thirty (30) days, such dispute shall be settled by arbitration in accordance with Rules of Arbitration. The number of arbitrators shall be one. The arbitration proceedings shall be held at city of Toronto and in English language. You agree that any cause of action arising out of or relating to the Site must commence within one (1) year after the cause of action arose.