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Copyright
Copyright (c) by Black
Diamond, Inc., 2002, 2003, 2004, 2005 All Rights
Reserved.
Use of this site constitutes acceptance of our User
Agreement and Terms of Use Notice and our Privacy
Notice.
User Agreement and Terms of Use
Access to and use of this World Wide Web site of
Black Diamond Transportation and Language Services
("the Black Diamond Web site") is provided subject
to these terms and conditions. PLEASE READ THESE
TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES
ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Laws and Regulations
Access to and use of the Black Diamond Web site are
subject to applicable federal, state and local laws
and regulations.
Use of Materials on the Black Diamond Web site
The information, software, documentation, data,
services, logos, trademarks, artwork, text and any
other materials (collectively, "Materials")
contained on the Black Diamond Web site are owned by
Charles W. Ashenfelter Jr. ("the Author") or its
successors and assigns and Black Diamond
Transportation and Language Services or its
affiliates, successors and assigns and are protected
by copyright, trademark and privacy laws. Any such
Materials may also be the subject of other
intellectual property rights of the Author all of
which rights are reserved by the Author or its
assigns. Personal Injured Worker, Insurance Carrier,
Care Providers, and other personal information
contained in the Black Diamond Web site is protected
under state and fe deral privacy laws, and other
laws as may apply, its use herein is restricted to
those companies and personnel directly involved in
the care and treatment of the Injured Worker for the
express purpose of providing said care and any other
use is strictly prohibited. You may not modify,
reproduce, copy, distribute, transmit, display,
publish, sell, license, create derivative works of
or use any aspect of the Black Diamond Web site or
its Materials for commercial, public or private
purposes or for any other purpose not expressly
permitted by this Agreement. Charles W. Ashenfelter
Jr. and Black Diamond expressly prohibit the use of
the Materials on any other web site or computer
environment for any purpose, or any other
redistribution or republication of the Materials,
including, without limitation, framing the Materials
within another web site without Charles W.
Ashenfelter Jr.'s and Black Diamond's prior written
consent. Further, the information contained in this
site is considered a trade secret of Black Diamond
and may not be shared with any individuals or
companies not directly involved in the care and
treatment of the Injured Worker, doing so will
subject you to legal action by Black Diamond and/or
Charles W. Ashenfelter Jr. and may also subject you
to state and/or federal prosecution. Black Diamond
may terminate, change, suspend or discontinue any
aspect of the Black Diamond Web site, including the
availability of any features of the site, at any
time, and may also impose limits on certain features
and services or restrict your access to all or part
of the Black Diamond Web site without notice or
liability and may terminate the access and usage
authorization, rights and licenses given herein and,
upon such termination, you shall immediately cease
use of the Black Diamond Web site and destroy all
copies of the Materials in your possession.
Disclaimer of Warranty
Except as provided above, the Materials made
available at the Black Diamond Web site are provided
"AS IS" without warranties of any kind. CHARLES W.
ASHENFELTER JR. AND BLACK DIAMOND EXPRESSLY DISCLAIM
ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE
MATERIALS, INCLUDING WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGMENT AND FREEDOM
FROM COMPUTER VIRUSES OR SIMILAR DISABLING DEVICES.
YOU ARE RESPONSIBLE FOR EVALUATING THE ACCURACY,
COMPLETENESS OR USEFULNESS OF ANY INFORMATION OR
MATERIALS ON THE BLACK DIAMOND WEB SITE.. Charles W.
Ashenfelter Jr. and Black Diamond shall have
absolutely no liability in connection with any
services provided including without limitation, any
liability for damages resulting from the Materials
or the use of the Materials or any lack of, or
inaccuracies of, information available on the Black
Diamond Web site. Charles W. Ashenfelter Jr. and
Black Diamond make no warranty, representation or
guaranty as to the content, sequence, accuracy,
timeliness or completeness of the Materials or that
the Materials may be relied upon for any reason or
purpose. Charles W. Ashenfelter Jr. and Black
Diamond makes no warranty, representation or
guaranty that the Materials will be uninterrupted,
error free or that any defects can be corrected.
Black Diamond will require the use of encrypted
technologies and the use of user identification
information ("userIDs") and passwords. You are
responsible for protecting your userIDs and
passwords from disclosure to third parties and you
are not permitted to avoid the use of required
encryption technologies and while Charles W.
Ashenfelter Jr. and Black Diamond may use all
reasonable means and technologies to protect
confidential information and provide reasonable
security and data integrity of the Black Diamond Web
site and the Materials, Charles W. Ashenfelter Jr.
and Black Diamond make no warranty, representation
or guaranty that the Black Diamond Web site and the
Materials security measures will remain secure or be
unbreachable, or that information transmitted
through the internet is secure, or that such
transmissions will be free from delay, interruption,
interception or error. Charles W. Ashenfelter Jr.
and Black Diamond shall have absolutely no liablity
in connection with any security breach in any form.
The Black Diamond Web site will never create, store,
modify or delete any information or data on your
computer including, but not limited to, the creation
or use of cookies.
Limitation of Liability
Under no circumstances shall Charles W. Ashenfelter
Jr. and/or Black Diamond be liable for any losses or
damages whatsoever, whether in contract, tort or
otherwise, from the use of, or reliance on, the
Materials. NEITHER CHARLES W. ASHENFELTER JR., BLACK
DIAMOND NOR ANY OF ITS AFFILIATES, SUCCESSORS,
ASSIGNS, LICENSORS OR CONTRACTORS SHALL BE LIABLE
FOR LOSS OF PROFITS, LOSS OR INACCURACY OF DATA,
IMPROPER PATIENT CARE, OR INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED
OF THE POSSIBLITY OF SUCH DAMAGES. Charles W.
Ashenfelter Jr. and its successors and assigns shall
include himself and any parties employed by Charles
W. Ashenfelter Jr. and Black Diamond and its
affiliates and assigns shall include its divisions,
subsidiaries, successors, parent companies, and
their employees, partners, contractors, principles,
agents, consultants and any third party providers or
sources.
Submissions
All information submitted to Black Diamond and its
assigns through the Black Diamond Web site shall be
deemed and remain the property of Black Diamond and
Black Diamond its affiliates, successors and assigns
shall be free to use, for any purpose, any ideas,
concepts, know- how or techniques contained in
information a visitor to the Black Diamond Web site
provides to Black Diamond through the Black Diamond
Web site. Black Diamond shall not be subject to any
obligations of confidentiality regarding such
information except as expressly indicated with
respect to personally identifiable consumer or
Injured Worker treatment information in any Privacy
Statement agreed by the Black Diamond entity having
the direct customer relationship with the person
providing the information or otherwise specifically
agreed in writing or required by law. You further
recognize that Black Diamond does not want you to
provide, and prohibits you from providing any
information or materials to Black Diamond that are
defamatory, threatening, obscene, harassing, or
otherwise unlawful, or that incorporates the
proprietary material of another person or entity.
Copyright Notices
Copyright (c) by Charles W. Ashenfelter Jr., 2002,
2003, 2004, 2005 All Rights Reserved.
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