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Terms of Use
ACCESSING THIS WEBSITE OR VIEWING ANY OF ITS CONTENTS SHALL CONSTITUTE YOUR
AGREEMENT TO BE BOUND BY THE TERMS BELOW. DO NOT USE THIS SITE IF YOU DO NOT
AGREE TO THESE TERMS.
Black Diamond Performing Reporting, LLC and its affiliates (collectively “we,”
“us” or “our”) makes available information, materials, products and services on
Black Diamond’s website located at www.blackdiamondreporting.com (the
“Website”) subject to the following terms and conditions. These Terms of
Use apply to the Website, as well as any features or content we may add in
the future. By accessing or otherwise using this Website, you agree to the
terms and conditions contained herein.
View our Privacy Policy, which is an integral part of
these Terms of Use. The Terms of Use should be read as if the Terms of Use and
Privacy Policy are one integrated document.
We reserve the right to revoke access and use of the Website at our
discretion. Any such unauthorized use shall be discontinued immediately upon
notice from us.
As a condition of your use of the Website, you warrant to us that you will
not use the Website for any purpose that is unlawful or prohibited by these
Terms of Use. You may not use the Website in any manner that could damage,
disable, overburden, or impair any of our servers, or the network(s) connected
to any of our servers, or interfere with any other party's use and enjoyment of
any the Website. You may not attempt to gain unauthorized access to other
accounts, computer systems or networks connected to any of our servers or to
any of the Website, through hacking, password mining or any other means.
You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available through the Website.
Any person may view the information available from this Website for
informational purposes only, but the information cannot be relied upon for any
reason. No part of this information may be redistributed, copied, or reproduced
without our prior written consent. The information contained in this
Website (including product and service descriptions), whether factual or
opinion, is subject to change without notice.
None of the information contained in this Website is to be construed as
investing advice. This information is not and should not be deemed an offer to
sell, or a solicitation of an offer to buy, any securities or any other
instruments by anyone in any jurisdiction, nor should it be used by others in
connection with any sale, offer for sale or solicitation of an offer to buy
securities or any other instruments.
We are not acting as a fiduciary or endorsing any company, products, services
or securities by publishing any information contained in this Website. We
do not warrant or guarantee the accuracy or timeliness of any such information
or data and shall have no liability for investment or other decisions based
upon this information. We specifically disclaim any and all liability or loss
arising out of any action taken in reliance on this information, including but
not limited to market value loss on the sale or purchase of securities or other
instruments or obligations.
Your use of the hyperlinks on this Website to other Internet sites is at
your own risk. We are not responsible for third party sites hyperlinked from
this website, nor do we make any endorsements or warranties, express or
implied, with respect to the content of third party websites or the products or
services offered on any third party websites, including but not limited to
accuracy, completeness, reliability, suitability, non-infringement,
merchantability or fitness for a particular purpose. We do not warrant or
represent that any third party site, or the content thereon, is devoid of
viruses or other contamination. We do not guarantee the authenticity of
documents available on the Internet. We reserve the right to terminate any link
at any time.
THE INFORMATION AND MATERIALS CONTAINED IN THIS Website ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF ACCURACY, ADEQUACY OR COMPLETENESS OF THE
INFORMATION AND MATERIALS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUSES. IN NO EVENT WILL WE
BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES, INCLUDING WITHOUT LIMITATION,
DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES,
ARISING IN CONNECTION WITH THIS Website, THE USE HEREOF OR RELIANCE ON ANY
INFORMATION CONTAINED HEREIN, EVEN IF WE KNEW OF THE POSSIBILITY OF SUCH
DAMAGES, LOSSES OR EXPENSES.
We shall have no duty of confidentiality regarding information submitted,
except as we may otherwise agree in writing, as otherwise provided in the
applicable privacy policy, or as otherwise required by law.
Your access to and
use of this Website, and these terms of use, are governed by and will be
construed in accordance with the laws of the State of Florida, without giving
effect to any law or rule that would cause the laws of any jurisdiction other
than the State of Florida to be applied. Any action arising out of these
Terms of Use or this Website shall be litigated in, and only in, courts
located in Jacksonville, Florida, and you agree to submit to the exclusive
jurisdiction of those courts and further agree that they are a convenient forum
for you. WE AND YOU HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION
ARISING OUT OF OR RELATING TO THESE TERMS OR THIS Website. In the event
that any provision of these terms is held unenforceable, the validity or
enforceability of the remaining provisions will not be affected, and the
unenforceable provision will be replaced with an enforceable provision that
comes closest to the intention underlying the unenforceable provision.
If you have any questions concerning the Terms of Use or use of this Website,
please contact Black Diamond Performance Reporting, LLC at webmaster@blackdiamondreporting.com.
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