Terms of Use

This Website, and any of the services provided by Black Diamond Lending LLC, a Colorado limited liability company in connection with this Website, is being provided to you subject to these Terms of Use, which govern your use of the site. Please read these Terms of Use carefully. By visiting and/or using this Website, including any of the services offered on this Website, you agree to be bound by these Terms of Use, whether or not you complete a transaction with Black Diamond Lending LLC; and, whether or not you complete your transaction on the Website or through the use of telephone, fax, email, postal mail, overnight delivery services, or otherwise. By using this Website you acknowledge that certain features of this Website and products and/or services of Black Diamond Lending LLC may be subject to additional terms, conditions and disclaimers.

If you do not agree to these Terms of Use, you are not authorized to use this Website, or any of the services that Black Diamond Lending LLC may offer through this website. Black Diamond Lending LLC reserves the right to, in its sole discretion and without notice, deny you access and/or use of this Website for any reason or no reason at all.

Black Diamond Lending LLC is licensed as set forth on the Website which is incorporated into this Agreement by reference.

THE DISCLOSURES AND CONSENTS REQUIRED UNDER CERTAIN STATE LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY YOUR VISIT TO AND/OR USE OF THE WEBSITE.

Information Subject To Change

Although Black Diamond Lending LLC has tried to provide accurate and timely information, the content of this site may not be accurate, complete and/or current and may include typographical errors or technical inaccuracies. The information and materials contained in these pages, and the terms, conditions and descriptions that appear on this site, are subject to change at any time without notice. Black Diamond Lending LLC may change the products, services and other information identified on this site at any time. Applicable terms, conditions and eligibility requirements are subject to change and not all products and services are available in all geographic areas. The information published on this site is provided as a convenience to our visitors and is for informational purposes only. You should verify all information before relying on it and any decisions which you may make based upon the information contained on this site shall be at your sole risk and responsibility. Your eligibility for particular products and services is subject to final approval, determination and acceptance by Black Diamond Lending LLC in its sole and absolute discretion, notwithstanding your visit to and/or use of this Website.

Other Sites

This site may contain links to other sites on the Internet and such links are provided solely for the convenience of our visitors. Black Diamond Lending LLC does not, unless otherwise expressly stated, endorse, control, approve or sponsor the linked sites or advertisements contained thereon. Black Diamond Lending LLC hereby disclaims liability for any other company’s website content, products, privacy policies, or security. In the event you choose to use the services available at a linked site, you agree to read and adhere to the policies and Terms of Use applicable to that site. In addition, any advice, opinions, or recommendations provided by the linked site providers are those of the providers and not of Black Diamond Lending LLC. Your participation in any linked site, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you and the linked site provider.

Disclaimer of Warranties

THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS – ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND Black Diamond Lending LLC DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF SUCH INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, OR OTHER MALWARE, IS GIVEN IN CONJUNCTION WITH SUCH INFORMATION AND MATERIALS.

YOU ACKNOWLEDGE THAT NEITHER Black Diamond Lending LLC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES AND THE SITE. Black Diamond Lending LLC DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES.

EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT Black Diamond Lending LLC IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Black Diamond Lending LLC WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE OF THE SERVICES, THE SITE, ANY ON-LINE SERVICES OR INTERNET BROWSER SOFTWARE, INCLUDING LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM.

Limitation of Liability

IN NO EVENT WILL Black Diamond Lending LLC BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION: DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS WEBSITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINK OR SYSTEM FAILURE, EVEN IF Black Diamond Lending LLC, OR REPRESENTATIVES THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. HYPERLINKS TO OTHER INTERNET RESOURCES ARE AT YOUR OWN RISK; THE CONTENT, ACCURACY, OPINIONS EXPRESSED, AND OTHER LINKS PROVIDED BY THESE RESOURCES ARE NOT INVESTIGATED, VERIFIED, MONITORED OR ENDORSED BY Black Diamond Lending LLC.

Indemnification

You agree to defend, indemnify and hold harmless Black Diamond Lending LLC, its affiliates, vendors and all directors, officers, employees, contractors and agents of Black Diamond Lending LLC and its affiliates and vendors from and against any claim, demand, damages, liabilities, suit, expenses, costs or proceeding, including attorney’s fees and court costs, that relates to or is based on your violation of these Terms of Use or misuse of the Website, or any services available from Black Diamond Lending LLC through the Website, including such violation or misuses conducted by your employee or agent, if applicable.

No Unlawful or Prohibited Use

As a condition of your use of this Website, you agree and warrant to Black Diamond Lending LLC that you will not use or access this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If your use or access violates any law or any of these terms or conditions, your permission to use the Website automatically terminates.

Website Security

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. Black Diamond Lending LLC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Copyrights and Trademarks

Copyright in the pages and in the screens displaying the pages, and in the information and material therein and their arrangement is owned/licensed by Black Diamond Lending LLC, unless otherwise indicated, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on the Website include, but are not limited to, the text, design, software, images, graphics, source code, and the content on the Website. You are authorized to view the information available on the Website for your informational purposes only. If you download any information from this site for your personal reference you shall not obscure any copyright, trademark or other notices, and you acknowledge and agree that you do not acquire any ownership rights by downloading copyrighted material. You may not copy, republish, redistribute, transmit, participate in the transmission of, create derivatives of, alter, edit or exploit in any manner any material including by storage on retrieval systems, without the express written permission of Black Diamond Lending LLC. Deliberate misuse of this site is expressly prohibited and Black Diamond Lending LLC reserves the right to terminate your access to this site at any time for any reason and to advise the legal authorities of any misuse of this site, including, without limitation, hacking and the introduction of viruses or other malware. Black Diamond Lending LLC and BDL is a tradename, owned by Black Diamond Lending LLC. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Website except as authorized in this paragraph. You may not use any of the Black Diamond Lending LLC trademarks as a link to the Website except pursuant to a written trademark license agreement.

Email & Online Information Requests

Please note that messages you send Black Diamond Lending LLC by e-mail may not be secure and Black Diamond Lending LLC recommends that you do not send any confidential information to Black Diamond Lending LLC by e-mail. If you choose to send confidential information to Black Diamond Lending LLC via e-mail, you accept all risk that such information may be intercepted by a third party.

By submitting your information to Black Diamond Lending LLC through this Website or by any other method, you are inquiring about loan products and/or other Black Diamond Lending LLC services and give Black Diamond Lending LLC permission to contact you via e-mail, telephone, letter, fax or using any other information you provide, regardless of registration with any federal, state or local Do Not Call list, Do Not Mail list, or any other comparable list or registry.

Communications with Black Diamond Lending LLC

By submitting any comment, complaint, suggestion, improvement, idea, testimonial or other communication (“Submission” or collectively “Submissions”) to Black Diamond Lending LLC through this Website or any other method, you acknowledge and agree that any and all Submissions, and all rights therein, become the sole and exclusive property of Black Diamond Lending LLC, including any future rights, regardless of any subsequent modification or deletion of the provisions in the Terms of Use. You acknowledge and agree that you irrevocably disclaim any right in the Submission and that the right to use, publish, display, commercially exploit, and create derivative ideas based on the Submission belong exclusively to Black Diamond Lending LLC with no compensation, notice, credit or other obligation being due or owed to you or anyone else.

Black Diamond Lending LLC reserves the right to record and monitor any and all communications to Black Diamond Lending LLC. By communicating with Black Diamond Lending LLC through any means, you consent to such communications being recorded and monitored.

Privacy

Black Diamond Lending LLC understands the need to safeguard your information from unauthorized use and disclosure. Please see the Black Diamond Lending LLC Privacy Policy by clicking on the link at the bottom of the Website.

General

Black Diamond Lending LLC reserves the right to modify these Terms of Use at any time without notice, but the most current version of the Terms of Use will always be available to you by clicking on the link at the bottom of the Website. By continuing to use of the Website and the services available through it, after the date of any change to these Terms of Use, including accessing the Website, you agree to be bound by the rules contained in the most recent version of this Agreement.

Governing Law

You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the use of this website shall be filed only in the state or federal courts located in El Paso County, Colorado, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Severability

You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.

Contact and Violations

Please contact us with any questions regarding these Terms of Use. Please report any violations of the Terms of Use to [email protected].