This website located at www.blackdivine.com (the Site) is provided by BlackDivine (BlackDivine LLC) subject to your acceptance of the following Terms of Service (TOS) which may be updated by BlackDivine from time to time without notice to you. You can review the most current version of this TOS at any time at this page (http://www.blackdivine.com/legal/terms.html). Your permission to access and use this Site is contingent upon your acceptance of the terms and conditions set forth in this TOS. In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You accept the terms and conditions of this TOS by: (a) accessing, browsing, or viewing the Site; (b) downloading or accessing any BlackDivine product via this Site, or (c) using this Site in any other manner. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
1. You are entirely responsible for all content that you upload, post or otherwise transmit to or via the Site. You agree not to upload, post or otherwise transmit via the Site any content that: (i) is false, inaccurate, misleading, harmful, obscene, indecent, pornographic, defamatory, racist, violent, offensive, threatening, harassing, or otherwise objectionable to BlackDivine or other users of the Site; (ii) includes unauthorized disclosure of personal information; (iii) violates or infringes anyone's intellectual property rights; or (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. BlackDivine reserves the right to edit or remove content that violates this TOS or that contains third-party commercial advertisements.
2. You agree that you will not use the Site to: (i) transmit spam, bulk, or unsolicited communications; (ii) pretend to be BlackDivine or someone else, or spoof BlackDivine's or someone else's identity; (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted to or via the Site; (iv) misrepresent your affiliation with a person or entity; (v) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Site; (vi) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (vii) collect or store personal data about other users unless specifically authorized by such users. BlackDivine reserves the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.
3. You agree that you will not link to the Site using any HTML techniques that display the Site within a frame, partial window, popup, pop-under, or any other non-standard linking method.
4. You agree to not use any robot, spider, other automatic device, or manual process to monitor or copy the Site web pages or the content contained therein without the prior written permission of BlackDivine.
BlackDivine makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any third party content posted on the Site. BlackDivine does not control the quality, safety, truth or accuracy of such content and makes no representation thereof. The Site may contain hyperlinks to third party web sites. BlackDivine makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on such third party web sites.
BlackDivine periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. BlackDivine shall have no liability whatsoever for (i) the resulting unavailability of the Site, (ii) any loss of data or transactions caused by planned or unplanned system outages, (iii) any resultant delay, mis-delivery, or non-delivery of information caused by system outages, or (iv) any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
BLACKDIVINE PROVIDES THIS WEB SITE AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. BLACKDIVINE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE. BLACKDIVINE MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES BLACKDIVINE MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLACKDIVINE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. Some states and countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
IN NO EVENT WHATSOEVER SHALL BlackDivine or its affiliates or any of their respective employees, contractors, agents, officers, and directors BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY'S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SITE IS AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM SUCH USE. BLACKDIVINE NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE. BLACKDIVINE'S LIABILITY HEREUNDER IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Except as expressly authorized by BlackDivine, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Site content or the content of other users on the Site, in whole or in part, by any means. You may not modify, decompile, or reverse engineer any software related to the operation of the Site, or otherwise provided to you by BlackDivine. You may not remove or modify any copyright or trademark notice, or other notice of ownership found anywhere on the Site.
1. BlackDivine Trademarks means all names, marks, brands, logos, designs, trade dress, slogans and other designations BlackDivine uses in connection with its products and services. You may not copy, use, remove, or alter any BlackDivine Trademarks, or co-brand your own products or material with BlackDivine Trademarks, without BlackDivine's prior written consent. You acknowledge BlackDivine's rights in the BlackDivine Trademarks and agree that any use of the BlackDivine Trademarks by you shall inure to BlackDivine's sole benefit. You agree not to incorporate any BlackDivine Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations.
2. Certain Site content may be licensed from third parties and all such third party content and all intellectual property rights related to such content belong to the respective third parties. All third party trademarks and/or logos used on this Site are the trademarks, service marks, or logos of their respective owners. Nothing in this TOS shall confer any right of ownership of any of such third party content and/or trademarks.
3. Unless explicitly stated herein, nothing in this TOS shall be construed as conferring to you any license to any BlackDivine or third party intellectual property rights, whether by estoppel, implication, or otherwise. Unless explicitly stated herein, no permission is granted to you to copy, remove, publicly display, modify, or otherwise use any BlackDivine Trademarks, third party trademarks, or other content on this Site.
4. Indemnification. You agree to indemnify and hold BlackDivine and its affiliates and each of their employees, contractors, agents, officers, and directors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Site, your violation of any terms or conditions of this TOS, your violation of applicable laws, or your violation of the rights of any other person or entity.
This TOS shall be governed by and construed in accordance with the laws of the state of Texas, exclusive of its choice of law or conflicts of law rules.