Terms of Use

Last Updated Date: January 15, 2015

THESE TERMS OF USE SHALL GOVERN THE USE OF THE BLACK DIAMOND ADVANCED TECHNOLOGY, LLC WEBSITE (BDATECH.COM) AND ALL PRODUCT LINE WEBSITES INCLUDING BDATECH.COM (HEREAFTER REFERRED TO AS “THE BDAT WEBSITES”). IF ANY USER DOES NOT AGREE WITH THESE TERMS, THEN THAT USER SHOULD NOT USE THIS OR THE AFOREMENTIONED WEBSITES. BDAT 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 BDAT 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. BDAT MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED HEREIN. BDAT IS NOT RESPONSIBLE FOR ANY CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. IN NO EVENT SHALL BDAT 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 BDAT 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 BDAT 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.

Jurisdiction

Unless otherwise specified, the materials in the BDAT website are presented solely for the purpose of promoting programs and other products available in the United States, its territories, possessions, and protectorates. The BDAT website is controlled and operated by BDAT 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 BDAT 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 BDAT.

Eligibility

The Service is intended solely for persons who are 13 or older. Any access to or use of the Service by anyone under 13 is expressly prohibited. By accessing or using the Service you represent and warrant that you are 13 or older.

Account Registration

In order to access or use certain features of the Service you may be required to create an account (“Account”) and become a “Registered User” of the Service. During the registration process you will be required to provide certain information and establish a username and a password. You agree to provide accurate, current and complete information during the registration process and at other times when you use the Service and to update such information to keep it accurate, current and complete. BDAT reserves the right in its sole discretion to refuse to keep Accounts for, or provide services to, any individual. BDAT reserves the right to suspend or terminate your Account if any information provided during the registration process or at other times proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify BDAT of any unauthorized use of your Account.

Privacy Statement

In an effort to build users’ trust and confidence, BDAT promotes the principles of disclosure and informed consent. BDAT is committed to users’ privacy and in furtherance of that commitment, BDAT discloses its policies on data collection, and the use and exchange of information obtained from visitors to the BDAT website.

As a general policy, no personal information is collected from visitors to the BDAT website. BDAT may capture implicit information (“Implicit Information”) from users who visit the BDAT website for aggregate statistical analysis and website customization. Implicit Information is data that can be gathered about users without having to explicitly ask a user for such information. Importantly, aggregate statistical analysis means that BDAT reviews trends based on information as a whole, but does not do so in an effort to identify the individual identity of any user of the BDAT websites. The information obtained is primarily used to provide an enhanced online experience for the visitor.

BDAT may solicit e-mail for site feedback and user opinion. Users may choose to submit such information at their own discretion. In no case will BDAT disclose any personal identifying information to third parties.

IP addresses are logged to track visitors to the BDAT websites. An IP address is the unique numerical identity of the user’s host computer. When BDAT logs an IP address, it means that the BDAT websites associate a visit, or a series of visits, to the unique numerical identity of the user’s host computer.

The BDAT websites may contain links to other websites that are not under the control or general supervision of BDAT. These links are provided as a convenience, and such links do not imply that BDAT endorses such sites. BDAT is not responsible for the privacy practices or the content of such websites.

Copyright & Trademark Policy

The material made available by BDAT on the BDAT websites is protected under the laws of the United States and various international laws and treaties. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of BDAT. The material is solely for the user’s personal, non-commercial use. Use of the material for any purpose other than personal, non-commercial use is a violation of BDAT’s copyrights, trademarks, and other proprietary rights, and is strictly prohibited.

Indemnity

Each user agrees to indemnify, defend, and hold harmless BDAT, its subsidiaries and affiliates, its officers, directors, employees, agents, and partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms of use by such user. BDAT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which event the relevant user will cooperate with BDAT in asserting any available defenses.

Warranty

See BDAT’s Limited Warranty here for information and notices concerning BDAT’s Warranty Policy.

Standard Terms & Conditions

See BDAT’s Standard Terms and Conditions of Sale.
See BDAT’s Purchase Order Terms and Conditions.

Contacting BDAT

If you have any questions about these Terms of Use, please contact BDAT Support.