Terms and Conditions
Effective Date: June 2024
Welcome to Black Diamond Textile. These Terms and Conditions ("Terms") govern your use of our website and the services provided by Black Diamond Textile (collectively, the "Services"). By accessing or using our Site and Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site or Services.
1. Use of Services
Eligibility
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement.
Account Registration
To access certain features of our Services, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account password and for all activities that occur under your account.
Prohibited Conduct
You agree not to:
● Use our Services for any illegal or unauthorized purpose.
● Interfere with or disrupt the operation of our Services.
● Use any automated means to access our Site or Services.
● Upload or transmit any viruses or malicious code.
● Attempt to gain unauthorized access to our systems or networks.
2. Intellectual Property
Ownership
All content and materials on our Site, including text, graphics, logos, images, and software, are the property of Black Diamond Textile or its licensors and are protected by copyright, trademark, and other intellectual property laws.
Limited License
You are granted a limited, non-exclusive, non-transferable license to access and use the Site and Services for your personal, non-commercial use. This license does not include any resale or commercial use of the Site or its contents.
Restrictions
You may not:
● Reproduce, distribute, or display any content from the Site without our prior written consent.
● Modify or create derivative works based on the Site or its contents.
● Use any meta tags or other hidden text using our name or trademarks without our express written consent.
3. Payments and Refunds
Pricing
All prices for our Services are listed on the Site and are subject to change without notice. The price charged for a Service will be the price in effect at the time the order is placed.
Payment Terms
You agree to pay all fees and charges associated with your account according to the payment terms and rates in effect at the time the fee or charge is due and payable. You authorize us to charge your chosen payment method for such fees.
Refunds
Our refund policy is described on the Site. If you are not satisfied with our Services, you may request a refund in accordance with our refund policy.
4. Disclaimers and Limitation of Liability
Disclaimer of Warranties
Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
In no event shall Black Diamond Textile, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Services; (iv) any bugs, viruses, or the like that may be transmitted to or through our Services by any third party; or (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services.
5. Indemnification
You agree to indemnify and hold harmless Black Diamond Textile, its affiliates, officers, agents, employees, and partners from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of another.
6. Governing Law and Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with the laws of USA, without regard to its conflict of law principles.
Dispute Resolution
Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in USA.
7. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms.
8. Contact Us
If you have any questions about these Terms, please contact us at: [email protected], [email protected], [email protected], [email protected]