Website Terms of Use
Before using this Web site, please read the Terms of Use set forth below. By using
this Web site you agree to be bound by the Terms of Use. BLACK DIAMOND VOIP CONSULTING,
Inc. and its affiliates and subsidiaries (“We” or such conjugation thereof as the
context may require) reserve the right to review and revise the Terms of Use from
time to time without prior notice and, by using this site subsequent to any revision
of the Terms of Use, you agree to be bound by such changes. If you find the Terms
of Use to be unacceptable, you must immediately terminate your use of this Web site.
1.
No Representations Or Warranties
The services provided on this Web site and the content;
information, documents, graphics and images published at this Web site could include
inaccuracies, typographical errors or other errors. We make no commitment, however,
to update what is contained in this Web site. Furthermore, we reserve the right to
temporarily, or permanently, modify, alter, discontinue or delete the same without
prior notice. Consequently,
TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION
ON THIS WEB SITE ARE PROVIDED “AS IS,” AND WITHOUT WARRANTY, AND ALL WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-
Users of this Web site should
not rely upon opinions expressed at this Web site when making business, financial,
personal or other decisions. Furthermore, we do not endorse the opinions of third
parties expressed on this Web site or on linked Web sites.
2. User Warnings/User Conduct
We
make certain services available including without limitation, email, chat rooms,
message boards and other community services; provided that you agree to abide by
the terms and conditions contained in these Terms of Use. Without limiting the generality
of the foregoing, in consideration for our providing such services, you also agree
not to:
Violate any applicable law, regulation or rule;
Harass, offend, threaten, embarrass,
distress or invade the privacy of any individual or entity;
Post or transmit any commercial,
advertising or promotional materials, including without limitation, “spam” or mass
distributions;
Provide false information on your registration form or impersonate
another person at any point;
Post or transmit false, inappropriate, improper, disorderly
or excessive messages or information.
Post any material that infringes upon any third
party’s copyright, trademark, patent or other intellectual property right.
If you
violate such terms, we may, without prior notice and without liability to you, ban
you from any and all services, terminate your registration, delete your messages
or postings, and take any other action we deem appropriate in our sole discretion.
With
reference to any services we provide, you acknowledge that we may, from time to time,
without notice to you and at our sole discretion, establish various practices, limitations
and restrictions for administering such services, including without limitation: how
often a service or account may be accessed; the maximum number of days that messages
or postings will be retained; the maximum number of messages or postings allowed;
the size and nature of messages and postings; the maximum storage space available
for an account; and all other matters related to administration of services, and
you agree to be bound by such practices. You agree that we are not responsible or
liable for deactivation or deletion of accounts or for loss of emails, communications,
postings, data or information as a result of, or arising out of, our administration
of such services.
We assume no responsibility for the accuracy, integrity, quality
completeness, usefulness or value of any content, data, documents, graphics, images,
information, advice, or opinion contained in any emails, message boards, chat rooms
or community services, or in any other public services, and do not endorse any advice
or opinion contained therein. We do not monitor or control such services, although
we reserve the right to do so. We may take any action we deem appropriate, in our
sole discretion, to maintain the high quality of our service and to protect ourselves
and others.
3. Web Site Links And Third-
This Web site may contain links
to other Web sites which are independent of this Web site. We make no representation
or warranty as to the accuracy, value, integrity, completeness or authenticity of
the information or opinions contained in any such linked Web site, and any link to
another Web site shall not in any manner be construed as an endorsement by us of
that Web site, or of the products or services described therein.
Furthermore, these
links may lead to sites or links that contain offensive and objectionable content
or which may contain dangerous computer viruses. You assume, and we hereby disclaim,
all responsibility for any of the content on these sites or for any damage sustained
by users of these sites.
4. Confidentiality
We cannot guarantee your confidential use
of this site. We shall not be responsible for any harm that you or any person may
suffer as a result of a breach of confidentiality in respect to your use of this
site.
5. Security
You may have an account and password. You are responsible for maintaining
the confidentiality of your password and account information and are fully responsible
for all conduct carried out under this password and account. We are not liable for
any loss of confidentiality or for any damages arising from your failure to comply
with these terms. You will promptly report any unauthorized use of your password
to us.
6. Limitation of Damages
IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS
BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL
OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR
IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED
OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEBSITE, EVEN IF WE ARE
EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH
DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER
LEGAL BASIS. THE TERM “DAMAGES” INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY
LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION
HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT
THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT
FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER CONTENT AND MATERIALS.
7. Ownership,
Trademarks and Copyright
All right, title and interest (including all copyrights,
trademarks and other intellectual property rights) in this Web site belong to us
or our licensors.
BLACK DIAMOND VOIP CONSULTING, INC., the BLACK DIAMOND VOIP CONSULTING,
INC. logo, and other names, images and other indicia identifying our products and
services are our proprietary marks, and may not be copied, imitated or used, in whole
or in part, without our prior written permission. In addition, all page headers,
custom graphics, button icons, and scripts are our service marks, trademarks, and/or
trade dress, and may not be copied, imitated, or used, in whole or in part, without
the our prior written permission. All other trademarks, registered trademarks, product
names and BLACK DIAMOND VOIP CONSULTING, Inc. names or logos mentioned herein are
the property of their respective owners.
All Web site materials, including, without
limitation, the logos, designs, text, graphics, other files, and the selection and
arrangement thereof are ALL RIGHTS RESERVED Copyright © BLACK DIAMOND VOIP CONSULTING,
INC., and its partners. You may electronically copy and print to hard copy portions
of this Web site for the sole purpose of using materials it contains for informational
and non-
8. License
Nothing contained
in this Web site shall be construed as conferring any license or right, expressly,
by implication, by estoppel or otherwise, under any of our intellectual property
rights, or under any third party’s intellectual property rights, and no part of this
Web site may be reproduced, republished, copied, transmitted, or distributed in any
form or by any means.
9. Claims of Copyright Infringement
BLACK DIAMOND VOIP CONSULTING,
INC., respects the intellectual property of others and may, in appropriate circumstances
and at its discretion, terminate the accounts of users who infringe the intellectual
property rights of others. If you believe that any material on this Web site infringes
on any copyright which you own or control, or that any link on this Web site directs
you to another Web site that contains material that infringes on any copyright which
you own or control, you may file a notification of such infringement with our designated
agent to have the material removed or otherwise blocked from access. Please see the
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
10. Indemnification
YOU
AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES,
SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES,
SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING
REASONABLE ATTORNEYS’ FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE
OF THIS SITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL
PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL
OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO
COOPERATE WITH US IN SUCH EVENT.
11. Governing Laws in Case of Dispute
THESE TERMS
OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE
OF CALIFORNIA, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN.
YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE
IN THE STATE AND FEDERAL COURTS LOCATED IN CONTRA COSTA COUNTY, CALIFORNIA, USA,
AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING
COURTS.
12. International Use
We do not represent that all content, materials and services
on our Web site are appropriate or available for use in all geographic locations,
especially some locations outside the United States, and accessing such from certain
locations may be illegal and prohibited. Those who do access content, materials and
services from such locations act on their own initiative and we are not responsible
for their compliance with local laws or other applicable laws. You will not access
the foregoing where prohibited by law.
13. Integration; Severability; General
These
Terms of Use incorporate by reference any notices contained on this Web site and
constitute the entire agreement with respect to your access to and use of this Web
site. We may modify these Terms of Use at any time by posting revised Terms of Use
on our Web site and your continuing use of such Web site and the services constitutes
your agreement to be bound by such modified Terms of Use. Any provision of these
Terms of Use, which is determined by a court of competent jurisdiction to be unenforceable
in any jurisdiction, shall be severable from these Terms of Use in that jurisdiction
without in any way invalidating the remaining provisions of these Terms of Use. The
unenforceability of any provision in a given jurisdiction shall not make that provision
unenforceable in any other jurisdiction. Any litigation arising out of or in connection
with these Terms of Use or your use of our services must be commenced within one
(1) year after the cause of action arose, or it will be permanently barred.
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