Terms of Use – Blackdiamondeqaipment

Welcome to Blackdiamondeqaipment (“we,” “us,” or “our”), the operator of www.blackdiamondeqaipment.com (the “Website”)—your trusted destination for high-performance gear for climbing, skiing, running, and hiking. These Terms of Use (“Terms”) govern your access to and use of the Website, including browsing product catalogs, creating user accounts, engaging with our content (e.g., gear guides, adventure blogs), participating in community features (e.g., sharing trip photos), and interacting with our services. By accessing or using the Website, you (“you” or “user”) agree to comply with these Terms, as well as our Privacy Policy and Terms of Purchase. Please read these Terms carefully before using the Website.

1. Eligibility to Use the Website

To use the Website, you must:

Be at least 13 years old (if browsing only) or 18 years old (if creating an account, making purchases, or accessing community features that involve sharing content);
Have the legal capacity to enter into a binding agreement (or have parental/guardian consent if you are a minor);
Reside in a jurisdiction where using the Website and purchasing our outdoor gear is permitted by law;
Not be prohibited from using the Website by any court order, regulatory action, or prior violation of these Terms (e.g., past fraudulent activity related to gear purchases).

We reserve the right to verify your eligibility and restrict access to the Website if we reasonably believe you do not meet these requirements.

2. User Accounts

2.1 Account Creation

To access certain features of the Website (e.g., saving favorite climbing gear, tracking orders, sharing adventure photos), you may create a user account. When creating an account, you must:

Provide accurate, complete, and up-to-date information (including your full name, email address, and a secure password);
Maintain the confidentiality of your account credentials (password, security questions, if applicable)—never share your login details with others, as you are responsible for all activity linked to your account;
Notify us immediately at serv ice@b lackd iamon deqai pment .com if you suspect unauthorized access to your account (e.g., unknown login activity, changes to your saved shipping address for gear orders).

We are not liable for any losses or damages (e.g., fraudulent purchases of avalanche safety kits) resulting from your failure to protect your account credentials.

2.2 Account Responsibilities

You are solely responsible for all activities conducted through your account, including:

Purchases made using your account (see our Terms of Purchase for payment and order rules);
Content you post or share (e.g., trip photos, gear reviews, comments on blog posts about hiking trails);
Compliance with these Terms and applicable laws (e.g., not using your account to sell counterfeit gear or share misleading information about product performance).

We may suspend or terminate your account without prior notice if:

You violate these Terms (e.g., sharing false claims about a climbing harness’s safety rating, engaging in fraud);
Your account is inactive for 18 consecutive months (we will notify you via email 30 days before termination to allow reactivation);
We receive a valid legal request to restrict access to your account (e.g., due to a dispute over gear purchases).

Upon account termination, you will lose access to saved features (e.g., favorite gear lists) but may request a copy of your order history by emailing our support team.

3. Permitted Uses of the Website

You may use the Website only for lawful, non-commercial, and personal purposes that align with Blackdiamondeqaipment’s mission to support outdoor adventures. Permitted uses include:

Browsing our catalog of outdoor gear (e.g., comparing ski jacket waterproof ratings, researching trail running shoe traction) to make informed purchase decisions;
Creating an account to save gear for future trips (e.g., “Winter Ski Trip 2024” list), track orders (e.g., “Climbing Harness Shipped”), or access past purchase records (e.g., “Reorder the same hiking boots”);
Engaging with community features in good faith (e.g., sharing photos of your gear in use on a mountain trail, leaving honest reviews of a running pack’s durability);
Accessing and sharing our educational content (e.g., “How to Choose the Right Climbing Rope” guides, “Beginner Ski Safety Tips”) for personal use—provided you include attribution to Blackdiamondeqaipment (e.g., “Source: Blackdiamondeqaipment.com”);
Contacting our customer support team for assistance (e.g., asking about gear sizing, troubleshooting a defective trekking pole).

4. Prohibited Uses of the Website

You may not use the Website for any unlawful, harmful, or disruptive purpose—including, but not limited to, the following:

Fraud or Misrepresentation: Providing false information (e.g., fake shipping addresses for gear orders, stolen payment details) to create an account or make purchases;
Unauthorized Access: Attempting to hack, modify, or bypass the Website’s security features (e.g., scraping product data for commercial use, using bots to 抢购 limited-edition climbing shoes);
Harmful or Misleading Content: Posting or sharing content that is defamatory, offensive, misleading, or violates intellectual property laws—such as:
False claims about gear performance (e.g., lying that a ski jacket “failed in light snow” to damage our reputation);
Copyrighted material (e.g., sharing a third-party’s trail map without permission);
Content that promotes unsafe outdoor practices (e.g., “How to Skip Avalanche Safety Checks”);
Disruption: Overloading the Website with excessive requests (e.g., spamming the comment section of gear reviews, sending duplicate support emails about the same hiking boot issue);
Commercial Misuse: Using the Website to collect gear data, images, or prices for commercial purposes (e.g., reselling our products without authorization, creating a competing outdoor gear website);
Violation of Laws: Using the Website to facilitate illegal activities (e.g., selling prohibited gear like uncertified climbing ropes, money laundering through fake gear purchases).

We may take immediate action to stop prohibited uses, including blocking your IP address, restricting access to the Website, or pursuing legal action (e.g., seeking damages for fraudulent purchases).

5. Intellectual Property Rights

All content and materials on the Website—including product images, logos, text (e.g., gear descriptions, blog posts about trail safety), videos (e.g., “How to Use a Climbing Harness” tutorials), and design elements—are the exclusive intellectual property of Blackdiamondeqaipment or our licensors. These materials are protected by copyright, trademark, and other intellectual property laws worldwide.

You may not:

Copy, reproduce, modify, or distribute any Website content without our prior written permission (e.g., you cannot print our ski gear catalog to sell in a physical store);
Use our trademarks (e.g., “Blackdiamondeqaipment,” our mountain logo) in any way that implies endorsement or affiliation without authorization (e.g., you cannot create a “Blackdiamondeqaipment Trail Club” without our approval);
Remove or alter copyright, trademark, or other proprietary notices from Website content (e.g., cropping our logo out of a gear image).

If you wish to use our content for non-personal purposes (e.g., a outdoor magazine featuring our hiking gear guides), contact us at [email protected] to request permission. We may grant limited, non-exclusive licenses for educational or community-focused uses.

6. Third-Party Links & Services

The Website may contain links to third-party websites or services (e.g., social media platforms like Instagram, payment processors like PayPal, trail mapping tools like AllTrails, or shipping carriers like UPS). These links are provided for your convenience only—Blackdiamondeqaipment does not control or endorse third-party content, services, or policies.

For example:

A link to a trail map on AllTrails does not mean we guarantee the accuracy of that map;
Using PayPal to pay for gear means you are subject to PayPal’s Terms of Service, not just ours.

We are not liable for any losses, damages, or issues arising from your use of third-party websites or services. You agree to review the terms of use and privacy policies of any third party before accessing their platforms.

7. User-Generated Content (UGC)

If you post content on the Website (e.g., gear reviews, trip photos, comments on blog posts about skiing), you grant Blackdiamondeqaipment a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content for purposes related to our business—such as:

Featuring your gear review on a product page (e.g., “‘This hiking pack held up on a 5-day trek!’ – Sarah, CO”);
Sharing your trip photo on our Instagram account (with credit to you) to promote community engagement;
Using quotes from your comments in educational content (e.g., a blog post about “Top Tips for New Climbers”).

When posting UGC, you represent and warrant that:

You own the intellectual property rights to the content (or have permission from the owner to post it);
The content does not violate these Terms, applicable laws, or the rights of others (e.g., no photos of minors without parental consent, no defamatory remarks about other users);
The content is not misleading or harmful (e.g., no fake reviews claiming a climbing rope is “unsafe” when it meets industry standards).

We reserve the right to moderate, edit, or remove any UGC that violates these rules—without prior notice. We may also decline to post content that is irrelevant (e.g., a photo of a beach when discussing mountain climbing gear) or inconsistent with our brand values (e.g., content promoting reckless outdoor behavior).

8. Website Availability & Updates

We strive to keep the Website available 24/7, but we do not guarantee uninterrupted access. The Website may be temporarily unavailable due to:

Scheduled maintenance (we will post notices on the Website homepage 48 hours in advance, when possible—critical for users planning to purchase gear for upcoming trips);
Technical issues (e.g., server outages, software updates to improve gear search functionality);
Events beyond our control (e.g., natural disasters, cyberattacks targeting outdoor gear retailers).

We may also update the Website’s features, design, or content at any time (e.g., adding a new “Backcountry Ski Gear” category, updating a blog post about avalanche safety) without prior notice. These updates will not affect your existing account or orders (subject to our Terms of Purchase).

9. Disclaimer of Warranties

The Website and its content are provided “as is” and “as available,” without any warranties of any kind—express or implied. Blackdiamondeqaipment disclaims all warranties, including:

Warranties of Merchantability: That the Website will meet your expectations (e.g., that a gear image will match the actual product, that the search function will find all climbing harnesses);
Warranties of Fitness for a Particular Purpose: That the Website will be suitable for your specific needs (e.g., that a “Trail Running Gear Guide” will address your climate-specific concerns);
Warranties of Non-Infringement: That the Website content will not infringe on third-party intellectual property rights (e.g., that a gear tutorial does not use copyrighted music);
Warranties of Security: That the Website will be free from viruses, malware, or unauthorized access (though we take reasonable steps to protect the Website, as outlined in our Privacy Policy).

This disclaimer applies to the fullest extent permitted by law. You use the Website at your own risk—for example, we are not liable if a gear review you rely on does not align with your personal experience (e.g., a hiking boot that fits one user poorly fits you well).

10. Limitation of Liability

To the maximum extent permitted by law, Blackdiamondeqaipment shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Website, including:

Damages from unauthorized access to your account (e.g., fraudulent purchases of ski gear);
Losses from Website downtime (e.g., missing a gear sale due to maintenance);
Errors in Website content (e.g., incorrect sizing information for a climbing shoe);
Issues with third-party links or services (e.g., a payment processing error with PayPal);
Damages from user-generated content (e.g., a defamatory comment posted by another user about your gear choices).

Our total liability to you for any claims related to the Website shall not exceed $100. This limitation applies even if we have been advised of the possibility of such damages.

11. Changes to These Terms

We may update these Terms periodically to reflect changes in our business practices, legal requirements, or Website features (e.g., adding rules for a new “Gear Swap” community feature). When we make updates:

We will revise the “Last Updated” date at the top of this page;
We will post the revised Terms on the Website (accessible via a link in the footer);
For material changes (e.g., updates to account termination rules, prohibited uses of UGC), we will notify you via email (if you have an account) 30 days before the changes take effect.

Your continued use of the Website after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Website.

12. Contact Us

If you have questions about these Terms of Use, need assistance with your account, or want to report a violation of these Terms (e.g., unauthorized use of your account, harmful UGC), contact our support team:

Email: [email protected] (response within 24 business hours);
Mailing Address: Blackdiamondeqaipment Customer Support, 123 Adventure Way, Denver, CO 80202, USA.

13. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, USA, without regard to its conflict of laws principles.

Any dispute arising from these Terms or your use of the Website shall first be resolved through good-faith negotiation between you and Blackdiamondeqaipment. If negotiation fails, the dispute shall be submitted to binding arbitration in Denver, Colorado, in accordance with the rules of the American Arbitration Association (AAA). Arbitration awards shall be final and binding on both parties.

You agree that you will not bring any class action or collective claim against Blackdiamondeqaipment related to these Terms or the Website.