Diamondback Products | Terms and Conditions

We thank you for visiting the Diamondback Products website. Please read the following terms and conditions of use (the “Terms and Conditions”) which govern your use of this website.
By accessing and using the Diamondback Products website, you agree that your access to and use of this website is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the state of North Carolina, United States of America.


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These Terms and Conditions May Change
Diamondback Products reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.

 
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Copyright Notice
All of the content you see and hear on the Diamondback Products website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Diamondback Products, one of its affiliates or by third parties who have licensed their materials to Diamondback Products. The entire content of this website is copyrighted as a collective work under U.S. copyright laws, and Diamondback Products owns a copyright in the selection, coordination, arrangement and enhancement of the Content.

The content of this website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the content, provided you (1) only use these copies of the content for your own personal, non–commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Diamondback Products reserves complete title and full intellectual property rights in any content you download from this website.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without first obtaining written permission from Diamondback Products.

 
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Submissions
All communications to the Diamondback Products website and any information, files, comments or submissions of any kind that you provide to Diamondback Products sent through the site shall be and remain the exclusive property of Diamondback Products. Diamondback Products will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any submissions that you do not wish to assign to us, including any confidential information or any original creative materials.

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Third Party Links
This website may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under the control of Diamondback Products, and Diamondback Products is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
 

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Indemnification
You agree to defend, indemnify and hold Diamondback Products, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through this website (including, without limitation, any User Content, Design Content or computer viruses), your use of this website, your connection to this website, your violation of the Terms of Use, the actions of any member of your Work Group, or your violation of any rights of another person or entity.
 

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Disclaimers
Diamondback Products DOES NOT PROMISE THAT THIS WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEBSITE WILL PROVIDE SPECIFIC RESULTS. THIS WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Diamondback Products CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THIS WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Diamondback Products DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Diamondback Products DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS WEBSITE AND/OR ANY Diamondback Products SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Diamondback Products FOR DISSATISFACTION WITH THIS WEBSITE OR ANY CONTENT IS TO STOP USING THIS WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Diamondback Products reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to this website, or any portion of this website, for any reason; (2) to modify or change the website, or any portion of the website, and any applicable policies or terms; and (3) to interrupt the operation of the website, or any portion of the website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
 

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Violation of These Terms and Conditions
Diamondback Products may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Diamondback Products rights or property, or the rights or property of visitors to or users of this website, including Diamondback Products customers. Diamondback Products reserves the right at all times to disclose any information that Diamondback Products deems necessary to comply with any applicable law, regulation, legal process or governmental request. Diamondback Products also may disclose your information when Diamondback Products determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Diamondback Products may preserve any transmittal or communication by you with Diamondback Products through this website or any service offered on or through this website, and may also disclose such data if required to do so by law or Diamondback Products determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms and Conditions, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Diamondback Products, its employees, users of or visitors to this website, and the public.

You agree that Diamondback Products may, in its sole discretion and without prior notice, terminate your access to this website and/or block your future access to this website if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of this website. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to Diamondback Products, for which monetary damages would be inadequate, and you consent to Diamondback Products obtaining any injunctive or equitable relief that Diamondback Products deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Diamondback Products may have at law or in equity.

If Diamondback Products does take any legal action against you as a result of your violation of these Terms and Conditions, Diamondback Products will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Diamondback Products. You agree that Diamondback Products will not be liable to you or to any third party for termination of your access to this website as a result of any violation of these Terms and Conditions.
 

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International users
The Diamondback Products website can be accessed from countries around the world. If you access this website from a location outside the United States, you are responsible for compliance with all local laws.
 

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Disputes
Diamondback Products respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, we would like you to notify us of your claim. Your claim must include the following:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site, including the URL and date on which the material was displayed;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


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Legal Contacts
Please send all legal questions, disputes, claims and concerns via email to:
info@diamondbackproducts.com