Terms and Conditions
Effective Date: July 28, 2026
These Terms and Conditions govern your access to and use of www.blackdiamondnewyork.com, referred to in these Terms as the “Website.”
The Website is operated by Black Diamond, referred to as “Black Diamond,” “we,” “us,” or “our.”
By accessing or using the Website, you agree to these Terms and Conditions. If you do not agree to these Terms, please do not use the Website.
1. Use of the Website
The Website provides general information about Black Diamond and allows visitors to contact us.
You may use the Website only for lawful purposes and in accordance with these Terms.
You may not:
- Use the Website in violation of any applicable law or regulation
- Attempt to gain unauthorized access to the Website, its server, or any connected system
- Introduce viruses, malicious code, or other harmful material
- Interfere with the Website’s operation, security, or availability
- Use automated tools to scrape, copy, or extract Website content without permission
- Impersonate another person or misrepresent your identity or affiliation
- Use the contact form to transmit spam, advertisements, unlawful material, or abusive messages
- Use Website content in a way that infringes the rights of Black Diamond or another person
We may restrict or terminate access to the Website when we reasonably believe a visitor has violated these Terms or misused the Website.
2. Informational Purposes
The content provided on the Website is for general informational purposes only.
Although we make reasonable efforts to provide accurate and current information, we do not guarantee that all Website content is complete, accurate, current, or free from errors.
You should not rely solely on Website content when making decisions that may significantly affect you, your business, or another person.
3. Contact Form and Communications
The Website may allow you to submit your name, email address, and a message through a contact form.
You agree that the information you submit will be accurate and that your message will not contain unlawful, threatening, abusive, defamatory, fraudulent, or infringing material.
Submitting a contact form does not create a contractual, professional, fiduciary, employment, or other formal relationship between you and Black Diamond.
Any services or business relationship must be established through a separate written agreement when applicable.
We may respond to your inquiry using the email address you provide. Submission of the contact form does not automatically enroll you in marketing communications.
4. Intellectual Property
The Website and its content, including its text, photographs, graphics, designs, logos, branding, layout, and other materials, are owned by or licensed to Black Diamond and may be protected by copyright, trademark, and other intellectual property laws.
You may view and use Website content for your own personal, noncommercial purposes.
Unless you receive prior written permission from Black Diamond, you may not:
- Reproduce or republish Website content
- Modify or create derivative works from Website content
- Sell, license, distribute, or commercially exploit Website content
- Remove copyright, trademark, or ownership notices
- Use Black Diamond’s name, logo, or branding in a way that suggests authorization, endorsement, or affiliation
Nothing in these Terms transfers ownership of any Website content or intellectual property to you.
5. Third-Party Links
The Website may contain links to websites, platforms, or services operated by third parties.
These links are provided for convenience or informational purposes. Black Diamond does not control and is not responsible for the availability, accuracy, security, content, products, services, or privacy practices of third-party websites.
The inclusion of a link does not necessarily mean that Black Diamond endorses or is affiliated with the third party.
You access third-party websites at your own discretion and risk.
6. Privacy
Your use of the Website is also subject to the Black Diamond Privacy Policy posted on the Website.
The Privacy Policy explains how we collect, use, and protect information submitted through the Website.
7. Website Availability
We may update, modify, suspend, restrict, or discontinue any part of the Website at any time.
We do not guarantee that the Website will always be available, uninterrupted, secure, or free from technical errors, viruses, or other harmful components.
We are not responsible for losses caused by Website downtime, technical problems, maintenance, third-party service failures, or circumstances outside our reasonable control.
8. Disclaimer of Warranties
To the fullest extent permitted by law, the Website and its content are provided on an “as is” and “as available” basis.
Black Diamond disclaims all express and implied warranties relating to the Website, including implied warranties of merchantability, fitness for a particular purpose, accuracy, availability, security, and noninfringement.
We do not warrant that:
- The Website will meet your particular needs or expectations
- Website content will always be accurate, complete, or current
- Access to the Website will be uninterrupted or error-free
- Defects or errors will be corrected
- The Website or its server will be free from viruses or harmful components
Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.
9. Limitation of Liability
To the fullest extent permitted by law, Black Diamond and its owners, officers, employees, contractors, agents, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to:
- Your access to or use of the Website
- Your inability to access or use the Website
- Your reliance on Website content
- Errors, omissions, interruptions, or security incidents
- Third-party websites, content, products, or services
- Unauthorized access to information transmitted through the Website
This limitation applies regardless of the legal theory asserted and even when Black Diamond has been advised that damages are possible.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.
10. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Black Diamond and its owners, officers, employees, contractors, agents, and service providers from claims, liabilities, damages, judgments, losses, costs, and reasonable legal fees arising from:
- Your unlawful or unauthorized use of the Website
- Your violation of these Terms
- Content or information you submit through the Website
- Your violation of another person’s rights
This section does not require you to indemnify Black Diamond for conduct for which indemnification would be prohibited by law.
11. Eligibility
The Website is not intended for children under the age of 13.
By using the Website, you represent that you are at least 13 years old. Visitors under the age of legal majority in their jurisdiction should use the Website only with the involvement and permission of a parent or legal guardian.
12. Governing Law
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law principles.
Any dispute arising from or relating to the Website or these Terms will be brought before a court of competent jurisdiction in the State of New York, except when applicable law gives you the right to bring a claim in another jurisdiction.
13. Changes to These Terms
We may update these Terms periodically to reflect changes to the Website, our practices, or applicable legal requirements.
When the Terms are updated, we will revise the effective date at the top of this page.
Your continued use of the Website after revised Terms are posted constitutes your acceptance of the revised Terms.
14. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be limited or removed only to the extent necessary.
The remaining provisions will continue in full force and effect.
15. No Waiver
If Black Diamond does not immediately enforce a provision of these Terms, that does not waive our right to enforce that provision later.
A waiver is effective only when it is made in writing by an authorized representative of Black Diamond.
16. Entire Agreement
These Terms and the Privacy Policy constitute the entire agreement between you and Black Diamond regarding your use of the Website.
These Terms do not replace or modify any separate written agreement between you and Black Diamond concerning paid services, projects, products, or another business relationship.
17. Contact Us
Questions about these Terms and Conditions may be sent to:
Black Diamond
Email: hello@blackdiamondnewyork.com
Website: www.blackdiamondnewyork.com