Black Diamond Group of Companies
This Agreement governs your use of our websites, mobile apps, and other formats (“Site(s)”) and is between you, and if applicable, on behalf of yourself and your parent company, affiliate, subsidiary and related companies, and the officers, directors, employees, agents, representatives, personnel, independent contractors, consultants, subcontractors, licensors and other third-party providers of yours and theirs (“you”). And Black Diamond Group of Companies, (Black Diamond Logistics LLC and Black Diamond BPO for Logistics) its parent company, affiliates, subsidiaries and related companies, and the officers, directors, employees, agents, representatives, personnel, independent contractors, consultants, subcontractors, licensors and other third-party providers of Company (referred to herein as “Company”, “we”, “us”, or “our”).
By using this site, you acknowledge and agree that you have read all the terms and conditions of this Agreement that you agree to be bound by them, just as if you had signed this Agreement.
If you do not agree with the terms and conditions, please do not continue or use this site and leave or delete this site immediately.
We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time without notice. Unless otherwise indicated, any changes will become effective immediately; therefore, please check these terms periodically for changes. If you continue to use this site after the changes to this Agreement are posted, you will be deemed to have accepted those changes. Please print and retain a copy of this Agreement for your records.
You agree to be financially responsible for all of your use of this site. By continuing to use this site, you acknowledge that you are eighteen (18) years of age or older and are bound by these terms. You agree to take responsibility—including financial obligation—for all usage of this site by others, including minors, done under your name or account. You agree that the e-commerce facilities of this site shall be used only to make legitimate purchases for you or for another person for whom you are legally authorized to act. You understand that abuse of the e-commerce facilities of this site will result in you being denied access to such facilities. When you obtain products or services for which are charged a fee, you agree to abide by the terms or conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding the availability of rates, products, or services. You shall be entirely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site or guarantee such accuracy.
You may only use the site to make legitimate purchases of products or services for yourself, your business, or an individual or business for whom you are authorized to act on in advance. You may not use the site to make purchases for the purposes of reselling our products or services, posting, marketing, advertising, or otherwise distributing products and/or services (including without limitation on third-party web sites), making false, fraudulent, or speculative claims, for personal or commercial purposes without prior written permission. Purchases made in violation of these Terms & Conditions may result in cancelation without notice at the sole discretion of the Company.
Company’s Right to Cancel / Errors / Mistakes
The site may contain technical inaccuracies and typographical or other errors in connection with information displayed on the site, including without limitation rates, fees, or availability applicable to your transaction. The Company assumes no responsibility or liability for such errors, inaccuracies, or omissions. Company shall have the right not to honor reservations or information affected by such errors, inaccuracies, or omissions. Company shall have the right to make changes, corrections, cancellations, or improvements to such information or reservations based on such information, at any time, including after confirmation of a reservation.
The site may display or provide information regarding specific programs, offers, or promotions (“Promotional Offers“). Any such Promotional Offer is subject to its particular terms, conditions, and restrictions. Please refer to and read conditions carefully, and limitations of each Promotional Offer. Company reserves the right to alter or withdraw any Promotional Offer at any time without notice. Each Promotional Offer is void where prohibited by law.
OWNERSHIP AND LIMITATIONS ON YOUR RIGHTS TO USE THIS SITE
This site and all materials contained in this site are the property of Company, or its brands, subsidiaries or affiliated companies or third party providers. No content from this site or any internet website owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For purposes of these terms, the use of any such material on any other web, mobile app, internet, intranet, extranet, or other website or computer environment will not be allowed.
The information contained herein may be copyrighted material of the respective owner and protected by the terms and conditions of this Agreement and other terms and conditions found at this site and by law.
All names, brands, logos, page headers, custom graphics, images, buttons, graphics, icons, symbols, trade names, trademarks, design patents, trade dress, service marks, and other names, descriptions, brands and imprints, whether registered or not (“Trademarks”) found at or made available through any of our Sites, or in the information contained in or made available through any of our Sites, are owned by Company or our third-party providers, and are protected by law, including those explicitly addressing rights of trademark owners in the United States and other countries. You may not use any of this information without our prior written consent.
The Company at this moment grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and use the information found at this site for the limited purposes expressly permitted in this Agreement.
You may view, display, download into the memory of your personal computer; provided, however, (1) that you do so only for purposes of receiving, accessing, analyzing and using the information made available at our sites in accordance with the terms and conditions hereof, for your personal, non-competitive use only; and (2) that you do not remove, alter, change, obscure or delete any copyright, trademark, or other proprietary notice or legal notices in or on any portions of this site.
You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our prior express written consent. You may not use any meta tags or any other “hidden text” utilizing our name, trademarks, or other proprietary information without our prior express written consent.
No rights are granted to you except those expressly stated here.
The software on this site, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”), is licensed to you by third-party providers, us or for your use on this site only. We do not transfer title to the software to you. You own the medium on which the software is recorded, but we (or third party providers) retain full and complete title to the software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the software to a human-readable form.
As a condition of your rights to access or use this site, you must use this site and all information found at this site for lawful purposes only and only as expressly permitted in this Agreement. You agree to not do any of the following, in any manner whatsoever, alone or through any other person or entity and we in our sole and absolute discretion, will determine your compliance with the following:
(1) Use this site for any purposes that are unlawful or illegal or that could give rise to civil or criminal liability or actions against Company, you or any third party;
(2) Use this site, the information contained in this site for any unlawful or illegal purposes under any law, regulation or legal requirement;
(3) Post, submit, upload, email or otherwise transmit any content, material or other thing at, to or through this site that (i) infringes or violates the rights of others, including without limitation, copyright, trademark, trade secret or other intellectual property and proprietary rights, privacy or publicity rights; or (ii) has an advertising, marketing, promotional or other business or commercial purpose;
(4) Restrict or inhibit any authorized users from accessing or using this site or the information contained in this site; or
(5) Transmit to or introduce at this site any viruses or malicious software intended to damage, interfere with, disrupt, intercept or expropriate this site or any information contained in this site or any other site or person, or otherwise implement or engage in online activities, attacks or actions in a manner that have a disruptive or detrimental effect.
We may prohibit you from participating in or utilizing this site if in our sole and absolute discretion you show a disregard for this Agreement or act with the intent to annoy, abuse, threaten, or harass any other person, or act in any other disruptive manner. We also reserve the right, at our sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel orders.
If for any reason any portion of the site is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Company which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the site, we reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you and any member, buyer or supplier (and all of your and their information) from using the site, and to cancel, terminate, modify or suspend the Site or any portion and void such information.
You agree that all information you or your authorized agents submit is true. You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account.
If at any time Company requires registration in order to access or use any areas or information at this site, you agree to (1) provide true, complete and current data, as requested in the registration process (the “Registration Information”); (2) maintain and update the Registration Information promptly as needed or requested by us; (3) prevent unauthorized access or use of your user identification or passwords; (4) not assign or transfer (or attempt to do the same) any rights granted to you under this Agreement; and (5) promptly report any unauthorized use or disclosure of your password or any other breach of the Site security. Company reserves the sole right to suspend, and/or to refuse any further, access or use of this site or information, if Company learns or reasonably suspects that your Registration Information is false or inaccurate, if you refuse to provide complete and updated registration information, or you misuse or permit another to use or misuse your password who is not authorized to do so.
Accounts / Passwords
You are responsible for maintaining the secrecy of your passwords, log-in, and account information. You will be financially accountable for all users of the site by you and/or by anyone using your account information.
Credit Card Information
The storage of credit card information in an account (if available) is entirely optional. It is not required to use the site. Saving credit card information may help expedite your reservation process in the future. You will be solely responsible for updating any credit card information that you provide, and such information may only be maintained until the expiration date of the credit card. You acknowledge that Company may communicate this information for the purpose of facilitating reservations or as requested by you, including through applications on any mobile devices that you utilize that provide Company with your account information.
NO MODIFICATIONS AND INTERFERENCE
You will not monitor or copy this Site or the contents or information contained by means of any robot, spider, other automatic devices, or manual process without our prior express written consent. You agree that you will not, by any means including the use of any device, software or routine, interfere or attempt to interfere with the proper working of this site, our infrastructure, or any transaction being conducted through this site. Without our, or the appropriate third party’s, express prior written consent, you agree that you will not copy, reproduce, alter, modify, distribute, create derivative works, or publicly display any content (except for any information in which you have an ownership interest) from this site.
The information you provide to us (i) will not contain any viruses, Trojan horses, worms, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (ii) will not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other providers or suppliers.
Links to other websites which may be of interest to you have been provided for your convenience. Further, while using this site, you could be directed via the links to other websites or mobile apps that are beyond our control. These websites or mobile apps may not be affiliated with the Company. By providing these links, we are not endorsing, sponsoring or recommending such websites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any linked website. Further, Company has no control over these linked websites or mobile apps and is thus not responsible for a third-party website’s privacy or security policies or the cookies they may use, nor is Company responsible for any privacy or security concerns that may arise from the activity on these other websites or mobile apps.
The site may tailor information, offers, and other content based on your browsing habits on the site and your geographic location.
General / Ownership
Unless expressly stated otherwise, the content included on the site, including but not limited to text, software, photographs, images, graphics, illustrations, artwork, video, music, sound, and names, logos, trademarks and service marks, are the property of Company or its licensors or suppliers. This content is protected by copyright, trademark, and other laws. No right, title, or interest to the content is granted by your use of the site, other than a right to review the content using a conventional Internet browser to conduct ordinary web browsing. All other uses, including making copies of any content on the site, are strictly prohibited. You may not modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material for any purpose other than personal, non-commercial use (or legitimate activities of a travel agent or travel professional) without Company’s written permission. Except for non-commercial individual private use, the downloading, reproduction, or retransmission of the site (or any part of its content) is strictly prohibited.
Unless otherwise noted, all content on this site is the copyrighted property of Company or its affiliates or licensors. All content of this site is protected by United States copyright laws as well as the applicable laws of other jurisdictions.
Company Trademarks and Other Intellectual Property
Black Diamond Group of Companys®, Black Diamond Logistics LLC®, Black Diamond BPO for Logistics Inc.®, Fleet/Asset Security, Tracking, Dispatching, Records Retention, and Reporting®, and other marks used on the site are trademarks of Company Corporation and its affiliates. The use of the ® symbol designates marks that are registered with the US Patent and Trademark Office, and such marks may also be registered with the trademark offices of The Philippines and certain other countries. Those marks and related names, trademarks, logos, designs, design patents, patents, and trade dress is shown on the site are owned by Company and protected by the intellectual property laws of the United States and other jurisdictions.
Notice and Procedures for Making Claims of Copyright Infringement
Company respects the intellectual property rights of third parties. Company responds to notices of alleged copyright infringement according to the Digital Millennium Copyright Act (“DMCA“) at 17 USC. § 512 et seq. Regardless of whether or not Company believes that it is liable for any copyright infringement for which we are provided notice, Company’s response may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating an individual’s access to the site, at Company’s sole discretion and operating within the parameters of the DMCA.
If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact:
Black Diamond Group of Companies
ATTN: Legal Department
1282 N Niels Hansen Ln
Lakeside Arizona, 85929
with the following information:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of the allegedly infringing material and where it is located on the site;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agents, or the law;
- A statement by you under penalty of perjury that your notice is accurate, that you are the copyright owner or that the copyright holder has authorized you to act on its behalf; and
- Your written or electronic signature attesting to the above.
If your content has been removed from the site in response to Company’s receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by contacting Company at:
Black Diamond Group of Companies
ATTN: Legal Department
1282 N Niels Hansen Ln
Lakeside Arizona, 85929
with the following information:
- Your name, address, telephone number, and email address;
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district for which jurisdiction for Company would be appropriate, and that you will accept service of process from the person who submitted the DMCA notification or an agent of such person;
- A description of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled
- A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your written or electronic signature attesting to the above.
Site Access and Information Disclaimer:
COMPANY WILL HAVE NO RESPONSIBILITY TO PROVIDE YOU WITH ACCESS TO THIS SITE OR ANY LINKED SITE, OR ANY INFORMATION ACCESSED OR USED AT OR THROUGH THIS SITE OR ANY OF THE LINKED SITES. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICES, CONTENT OR MATERIALS IN THIS SITE OR ANY SITE LINKED TO IT. FURTHER, COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR THE TIMELINESS OR CORRECT SEQUENCING OF OR ANY DAMAGES DUE TO THE UNAVAILABILITY DURING ANY PERIOD OF INTERRUPTION OR DELAY IN SERVICE OF ANY OF THE FOREGOING, REGARDLESS OF THE CAUSE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT RESPONSIBLE FOR ANY ACCESS OR USE BY YOU OF THIS SITE OR INFORMATION FOUND OR PRODUCTS, SERVICES OR OTHER ITEMS PURCHASED OR ACQUIRED AT OR THROUGH ANY LINKED SITE OR THIRD PARTY WHOSE INFORMATION IS FOUND AT THIS SITE, OR FOR ANY DAMAGES CAUSED BY THE SAME.
Disclaimer of Warranties:
ALL INFORMATION AND OTHER MATERIALS, PRODUCTS, SERVICES, AND FEATURES ON THIS SITE ARE PROVIDED “AS-IS” “WHERE-IS” AND ON AN “AS AVAILABLE” BASIS – WITH ALL FAULTS, LIMITATIONS AND ERRORS AND WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTY FROM COMPANY WHATSOEVER, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED OR ARISING BY STATUTE OR LAW OR ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION OR WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT, ALL OF WHICH COMPANY HEREBY DISCLAIMS. IN ADDITION, WE HAVE NO DUTY TO UPDATE THIS SITE OR THE CONTENTS.
Confidentiality and Privacy Disclaimer:
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITE OR ANY WEB SITE OR MOBILE APP LINKED TO THIS SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, EMAIL ADDRESSES, REGISTRATION, AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THIS SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THIS SITE.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR ANY OF THE INDEMNIFIED PARTIES WILL CREATE A WARRANTY OF ANY KIND, AND YOUR AND OTHER USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS SITE, OR TO DENY ACCESS TO THIS SITE TO ANYONE AT ANY TIME. NEITHER WE NOR ANY OF THE INDEMNIFIED PARTIES, WILL HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THIS SITE.
The Indemnified Parties (defined in section 7) are not responsible or liable for any loss or damage to your computer or interception or use of credit card or token information, related to or resulting from use of this site, services or materials linked or related to or from this site. Also, the Indemnified Parties are not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of this site operating or not operating on computers or networks used by you or communicating with such computers or networks.
If we list or link to third-party products or services, our site acts solely as the venue for suppliers to connect with buyers. We are not involved in or a party to the actual transaction between buyers and suppliers. As a result, we have and assert no control over the quality, safety, or legality of the items advertised. Nor do we warrant or represent the truth or accuracy of the listings, the ability of suppliers to sell items or the ability of buyers to buy items. We cannot guarantee that a buyer or supplier will actually complete a transaction.
We do not control the information provided by other users through this site. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive, so please use caution and common sense when using this site and interacting with other users.
Although we intend for them to be so, we do not warrant this site or represent that descriptions of products in this site are accurate, complete, current, or reliable in any or all respects.
This site may contain technical inaccuracies or typographical errors, and Company is not responsible for any such errors (including without limitation mistaken hotel rates) listed on our site. Company reserves the right, from time to time, to make changes, corrections and/or improvements to this site, and the products and services offered.
If it appears a customer has engaged in fraud or other inappropriate activity, or that a reservation either contains or was made in error, we reserve the right to cancel or modify reservations.
You agree to release, indemnify, defend and hold us and our motels and hotels and each of our and their owners, subsidiaries, affiliates, franchisees, partners and each of such person’s or entities’ officers, directors, employees, guests, residents, invitees, contractors, subcontractors, agents and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees) whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (“Claims”) arising out of or in any way connected with this Agreement, the services or products provided to you by this site or any related act or failure to act by you and whether or not occasioned or contributed to by your negligence or that of any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, privacy, publicity, artist rights, moral rights or rights under other intellectual property laws.
In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with this Agreement, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval will be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You will cooperate with us in defense of any Claim. However, we reserve the right, at our own expense, to assume the exclusive defense and control over any matter otherwise subject to indemnification by you.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE BE LIABLE FOR ANY LOST PROFITS, COST OF COVER, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE SERVICES OR FUNCTIONS OF THIS SITE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THIS SITE OR YOUR RELIANCE UPON, THIS SITE OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THIS SITE, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE OR YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE).
IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) WILL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY OF THE PRODUCTS, SERVICES, MEMBERS, GUESTS, USERS, SUPPLIERS AND/OR BUYER OFFERED IN CONNECTION THEREWITH OR ASSOCIATED THEREWITH, AS THE CASE MAY BE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO DISCONTINUE USE OF THIS SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF.
TRANSACTIONS BETWEEN YOU AND THIRD PARTIES
BY UTILIZING THE SITE, ALL USERS ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES ARE RELEASED, DISCHARGED AND HELD HARMLESS FROM AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LIABILITY WITH RESPECT TO ALL ASPECTS OF THE SITE (INCLUDING WITHOUT LIMITATION, ANY ILLNESS, LOSSES, LITIGATION, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, REASONABLE ATTORNEYS’ FEES AND COURT COSTS) THAT MAY OCCUR FROM USE OF THE SITE OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF INFORMATION, MATERIALS, SERVICES OR PRODUCTS RELATED THERETO OR ACQUIRED THEREFROM. WE RESERVE THE RIGHT AT ANY TIME AND WITHOUT LIABILITY TO RESTRICT OR REFUSE ACCESS TO THE SITE AND ITS SERVICES, CONTENT, MATERIALS, AND FUNCTIONS TO ANYBODY. WE FURTHER RESERVE THE RIGHT TO SEEK ANY FORM OF RELIEF, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES, RELATED TO FRAUDULENT OR ILLEGAL ACTIVITY CONNECTED WITH THE USE OF THE SITE.
If you have a dispute, you and also on behalf of yourself, your predecessors, if applicable, and each of their present and former officers, employees, directors, shareholders, parents, subsidiaries, alter egos, affiliates, partners, agents, attorneys, accountants, heirs, executors, administrators, conservators, successors and assigns, as applicable, hereby fully and forever releases and discharges the Indemnified Parties, from any and all claims, demands, liens, actions, agreements, suits, causes of action, obligations, controversies, debts, costs, attorneys’ fees, expenses, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or suspected which have existed or may have existed, or which do exist or which hereafter can, shall or may exist, based on any facts, events or omissions occurring from any time on or prior to the execution of this Agreement which arise out of, concern, pertain or relate in any way to this Agreement or the Site. You also acknowledge that there is a possibility that subsequent to the execution of this Agreement, you will discover facts or incur or suffer claims which were unknown or unsuspected at the time this Agreement was executed, and which if known by it at that time may have materially affected its decision to execute this Agreement. You acknowledge and agree that by reason of this Agreement, and the release contained in this section of this Agreement, you are assuming any risk of such unknown facts and such unknown and unsuspected claims. You have been advised of the existence of Section 1542 of the California Civil Code (“Section 1542”), which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. You knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law or rule of similar effect. In connection with such waiver and relinquishment, You acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released. Nevertheless, it is your intention, through this Agreement, and with the advice of counsel, to fully and finally settle and release all such matters, and all related claims, which do now exist, may exist or have existed between and among the parties, including the Indemnified Parties. If applicable, you acknowledge that you have been advised by your legal counsel regarding this release and waiver. You also hereby acknowledge and understand the significance and consequence of this release and of this specific waiver of Section 1542 and other such laws.
While we welcome your comments about this site and the products and services offered through it, we do not accept technical or creative solicitations for Site upgrades or creative changes unless they have been previously requested by us. This is to protect both you and us from a misunderstanding about the origin of materials on our site. Please do not send us any unsolicited original creative materials of any kind. When submitting comments regarding the functionality of this site or our products or services, we ask that you be specific in your comments regarding this site, and not submit any creative ideas, suggestions, or materials unless previously requested by us.
If we ask you to send certain specific submissions or, in spite of our urging you not to, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, “Materials”), then by submitting the Materials to us, you automatically grant (or warrant that the owner of such materials expressly grants) us a perpetual, royalty-free, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed. You also warrant that all “moral rights” in those materials have been waived.
LIMITATIONS ON ACCESS TO SITE AND EXPORT CONTROLS
The products or services described and made available through this site may not be available in your country or location. We make no representation that the products and services offered in this site are appropriate or available for use in any particular location. You are responsible for obtaining and securing, and will obtain and secure, any and all authorizations, licenses and permits required by any United States or non-United States governmental or judicial authority in connection with use of this site, including without limitation, for the export of any data, software, documents, technology or other matter subject to export control laws and regulations or any governmental authority. If your use of this site and/or viewing or use of any material or content or services offered violates or infringes any applicable law in your jurisdiction(s), then you are not authorized to view or use this Site and must exit immediately. If you choose to view and/or use this site, this constitutes your representation that you are unconditionally and without limitation permitted to view and/or use this site, and the Indemnified Parties may rely upon such representation.
This site is operated from the United States, and it is possible that some software from this site may be subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country subject to a US or UN embargo or sanction; or (ii) to anyone on the US Treasury Department’s list of Specially Designated Nationals or anyone subject to the same or similar restrictions even if not listed or the US Commerce Department’s Table of Deny Orders. By using this site or downloading the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any of the above-restricted lists or subject to such restrictions.
You and Company are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement may be terminated by either party.
You may terminate these terms at any time by discontinuing your use of this site and destroying all materials obtained from this site and any related websites or mobile apps as well as all related documentation and all copies and installations, whether made under the terms of this Agreement or otherwise.
We may terminate this Agreement and/or your access to this site immediately without notice by us if in our sole discretion you violate any term or provision of this Agreement. Upon termination, you must cease use of this site and destroy all materials obtained from such site and all copies, whether made under the terms of this Agreement or otherwise.
Notwithstanding the termination of this Agreement, you acknowledge and agree that those rights and obligations which by their nature are intended to survive the termination of this Agreement in order to be fully operative, will survive the termination of this Agreement including, but not limited to, the following provisions: Ownership And Limitations On Your Rights To Use This Site; No Modifications And Interference; Disclaimers; Indemnities; Limitations of Liability; Your Suggestions; and Governing Law.
You will comply with all applicable laws, statutes, ordinances, and regulations regarding your use of this site and your solicitation of offers to purchase and/or sell products and/or services. This Agreement will be governed by and construed in accordance with the laws of the State of Arizona without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to the terms of this Agreement will be filed only in the United States District Court for the District of Arizona. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of this Agreement will be found unlawful, void, or for any reason is unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. You will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. You agree that you will not file or participate in a class action against us. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires the application of another law and/or jurisdiction, and this cannot be excluded by contract.
This is the entire Agreement between us relating to the subject matter and will not be modified except as otherwise stated in the Agreement. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or will constitute, a waiver of any other term, provision or condition hereof, nor will any waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver will be binding unless executed in writing by the party making the waiver.
ACCEPTANCE AND DIGITAL SIGNATURE PROVISIONS
You represent and warrant that you have the legal right, power, and authority to agree to the terms of this Agreement on behalf of yourself and the member, guest, user, buyer or supplier participating in the site. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”) and that you have formed, executed, entered into, accepted the terms of, and otherwise authenticated this Agreement and acknowledged and agreed that this Agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you and the member, guest, user, buyer or supplier on whose behalf you are acting. You agree that you will take action that may be necessary or appropriate to effectuate the purposes of this Agreement.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT
OUR MONITORING OF THIS SITE