AGREEMENT BETWEEN USER AND BHR Black Diamond
The BHR Black Diamond Web Site is comprised of various Web
pages operated by BHR Black Diamond.
The BHR Black Diamond Web Site is
offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein. Your use of the
BHR Black Diamond Web Site constitutes your agreement to all such terms,
conditions, and notices.
BHR Black Diamond
reserves the right to change the terms, conditions, and notices under which the
BHR Black Diamond Web Site is offered, including but not limited to the
charges associated with the use of the BHR Black Diamond Web Site.
LINKS TO THIRD PARTY SITES
The BHR Black Diamond Web Site may
contain links to other Web Sites ("Linked Sites"). The Linked Sites are not
under the control of BHR Black Diamond and BHR Black Diamond is not responsible
for the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site.
BHR Black Diamond is not responsible for webcasting or any other form of
transmission received from any Linked Site. BHR Black Diamond is providing
these links to you only as a convenience, and the inclusion of any link does
not imply endorsement by BHR Black Diamond of the site or any association with
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the
BHR Black Diamond Web Site, you warrant to BHR Black Diamond that you will not
use the BHR Black Diamond Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the
BHR Black Diamond Web Site in any manner which could damage, disable,
overburden, or impair the BHR Black Diamond Web Site or interfere with any
other party's use and enjoyment of the BHR Black Diamond Web Site. You may not
obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the BHR Black Diamond Web
USE OF COMMUNICATION SERVICES
The BHR Black Diamond Web Site may
contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or with a group
(collectively, "Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are proper
and related to the particular Communication Service. By way of example, and not
as a limitation, you agree that when using a Communication Service, you will
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication
Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
Violate any applicable laws or regulations.
BHR Black Diamond has no obligation to monitor the Communication Services.
However, BHR Black Diamond reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion.
BHR Black Diamond reserves the right to terminate your access to any or all of
the Communication Services at any time without notice for any reason
BHR Black Diamond reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in BHR Black Diamond's sole
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication Service.
BHR Black Diamond does not control or endorse the content, messages or
information found in any Communication Service and, therefore,
BHR Black Diamond specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized BHR Black Diamond
spokespersons, and their views do not necessarily reflect those of
BHR Black Diamond.
Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO BHR Black Diamond OR POSTED AT ANY BHR Black Diamond WEB
BHR Black Diamond does not claim ownership of the materials you provide to
BHR Black Diamond (including feedback and suggestions) or post, upload, input
or submit to any BHR Black Diamond Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting BHR Black Diamond, its
affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. BHR Black Diamond is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in
BHR Black Diamond's sole discretion.
By posting, uploading, inputting,
providing or submitting your Submission you warrant and represent that you own
or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BHR Black Diamond WEB SITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. BHR Black Diamond AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE BHR Black Diamond WEB SITE AT ANY
TIME. ADVICE RECEIVED VIA THE BHR Black Diamond WEB SITE SHOULD NOT BE RELIED
UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT
AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
BHR Black Diamond AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
BHR Black Diamond WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
BHR Black Diamond AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
BHR Black Diamond AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
BHR Black Diamond WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
BHR Black Diamond WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE BHR Black Diamond WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE BHR Black Diamond WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
BHR Black Diamond OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BHR Black Diamond WEB SITE.
SERVICE CONTACT : firstname.lastname@example.org
BHR Black Diamond reserves the right, in its sole discretion, to terminate your
access to the BHR Black Diamond Web Site and the related services or
any portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of
Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and
venue of courts in King County, Washington, U.S.A. in all disputes arising out
of or relating to the use of the BHR Black Diamond Web Site. Use of the
BHR Black Diamond Web Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and BHR Black Diamond as
a result of this agreement or use of the BHR Black Diamond Web Site.
BHR Black Diamond's performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in derogation of
BHR Black Diamond's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the
BHR Black Diamond Web Site or information provided to or gathered by
BHR Black Diamond with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and BHR Black Diamond with
respect to the BHR Black Diamond Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and BHR Black Diamond with respect to the
BHR Black Diamond Web Site. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent an d subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be drawn up
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the BHR Black Diamond Web Site are:
Copyright 2007 by BHR Black Diamond's person and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned
herein may be the trademarks of their respective owners.
The example companies,
organizations, products, people and events depicted herein are fictitious. No
association with any real company, organization, product, person, or event is
intended or should be inferred.
Any rights not expressly granted herein are
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.