This website, www.BlackDiamondEquipment.com(“Website”), is hosted by Black Diamond Equipment, Ltd.
By using this Website, you agree to be legally bound by all the terms and conditions contained herein. By using this Website, you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Website. In addition, when you use any current or future version of this Website or any other Black Diamond Website, you also be will be subject to the terms and conditions of this Agreement.
We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the Website following any such modification constitutes your agreement to the terms of the modified Agreement.
Black Diamond reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Black Diamond believes that user conduct violates applicable law or is harmful to the interest of Black Diamond or any of its associates or affiliates.
Black Diamond® is a registered trademark of Black Diamond Equipment, Ltd. in the United States and other countries. Auto-Lock Binary™, AvaLung®, BDry™, Black Diamond™, Camalot™, Dual Torsion Bow™, Dynex™, FlickLock®, Formula One Technology™, Hexentric®, HotShot™, HotWire®, Kinetic Core Construction™, Lost Arrow®, Micro-Adjust™, PickPocket™, Power Transmission Control™, RURP™, SoftEdge Construcion™, Stopper®, Straitjacket™, ToddTex™, Torsion Bow™, Triax-Pro Frame™, Triax-Performance Frame™, Triax-Tour Frame™, V-Flex™ and other marks indicated on our Website are trademarks or registered trademarks of Black Diamond Equipment, Ltd. in the United States and other countries. All rights are reserved with regard to the aforementioned trademarks and other trademarks of Black Diamond which may not be included or any reason.
This Website also refers to third-party trademarks, including without limitation: Adventure 16®, a registered trademark of Adventure 16, Inc.; All rights are reserved with regard to the aforementioned trademarks
All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Black Diamond or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Black Diamond Equipment, Ltd. or its respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Website confers on you any license or right under any patent or trademark of Black Diamond Equipment, Ltd. or any third party.
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on this Website, and the selection, coordination, and arrangement of such content, are owned by Black Diamond or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of this Website for any purposes. Nothing stated or implied on this Website confers on you any license or right under any copyright of Black Diamond or any third party.
This Website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of this Website, or use the contents of this Website in litigation, or for any commercial or promotional purposes, without the express written consent of Black Diamond Equipment, Ltd. or its lawful successors and assigns. For usage permission, contact us.
Black Diamond grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Black Diamond. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither this Site nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Black Diamond. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Black Diamond and our affiliates without express written consent. You may not use meta tags or any other hidden text using Black Diamond's name or trademarks without the express written consent of Black Diamond. Any unauthorized use terminates the permission or license granted by Black Diamond.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of Black Diamond so long as the link does not portray Black Diamond or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Black Diamond logo or other proprietary graphic or trademark as part of the link without express written permission.
This Site may contain hyperlinks ("links") to Web Sites operated by persons or entities other than Black Diamond ("third-party Web Sites") or to co-branded Web Sites operated by a third party, including affiliates ("co-branded Web Sites"). We provide such links for your reference and convenience only. A link from Black Diamond to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from our Site. BLACK DIAMOND IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
You agree to comply with all applicable law in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from Black Diamond. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with this Website or any co-branded website will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Black Diamond or any co-branded website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
By using this Website, you agree not to violate or attempt to violate the security of the Website, including, without limitation, actions such as:
Accessing data not intended for you or logging into a server or account that you are not authorized to access; Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Website; Sending unsolicited email, including promotions and/or advertising of products or services, and Forging any TCP/IP packet header or any part of the header information in any email or posting.
All products purchased from this Website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Black Diamond. Title to products purchased on this Website, as well as the risk of loss for such products, passes to you when Black Diamond delivers these items to the carrier.
Black Diamond attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current, or error-free. Most Black Diamond products displayed on this Website are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale on this Website may not be available in retail stores.
We have made every effort to display as accurately as possible the colors of our products that appear on this Website. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor's display of any color will be accurate.
Limited Warranty: We warrant for one year from purchase date and only to the original retail buyer (Buyer) that our products (Products) are free from defects in material and workmanship. For headlamps our warranty is for three years. If Buyer discovers a covered defect, Buyer should return the Product to the place of purchase. In the event that this is not possible, return the Product to us at the address provided. The Product will be repaired or replaced at our discretion. That is the extent of our liability under this Warranty and, upon expiration of the applicable warranty period, all such liability shall terminate. We reserve the right to require proof of purchase for all warranty claims.
Warranty Exclusions: We do not warranty Products against normal wear and tear (such as ski edge cuts and abrasions, outsole wear, etc.), unauthorized modifications or alterations, improper use, improper maintenance, accident, misuse, negligence, damage, or if the Product is used for a purpose for which it was not designed. This Warranty gives you specific rights, and you may also have other rights which vary from state to state. Except for expressly stated in this Warranty, we shall not be liable for direct, indirect, incidental, or other types of damages arising out of, or resulting from the use of Product. This Warranty is in lieu of all other warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose (some states do not allow the exclusion or limitation of incidental or consequential damages or allow limitations on the duration of an implied warranty, so the above exclusions may not apply to you).
WARNING: Some aspects of mountaineering and related activities, including but not limited to technical rock, ice, and snow climbing, are potentially hazardous and dangerous. Any person using our equipment in any manner is personally responsible for learning the proper techniques involved, and assumes all risks and accepts full and complete responsibility for any and all damages and injury of any kind, including death, which may result from the use of any equipment purchased through this catalog. Books and catalogs like this one can help, but they are no substitute for personal instruction by a qualiﬁed person well versed in all appropriate safety techniques.
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Utah, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Utah. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
You agree to defend, indemnify, and hold harmless Black Diamond Equipment, Ltd. and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by Black Diamond Equipment, Ltd. arising out of or relating to your use of the Website, your violation of this Agreement, or your violation of any rights of another.
We may discontinue this Website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of this Website at any time for any reason, without notice. We may discontinue or restrict your use of this Website at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Black Diamond as a result of this Agreement or your use of this Website. Nothing contained in this Agreement is in derogation of Black Diamond's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Black Diamond with respect to such use. 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of Black Diamond to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding our Website and its content, and supersedes any prior or contemporaneous communications between Black Diamond and you regarding our Website and its contents.
All rights not expressly granted herein are hereby reserved.