Black Diamond X Rated
Privacy Policy
Black Diamond X Rated
Privacy Policy
It’s Not What You Do, It’s How You Do It.
Black Diamond X Rated
It’s Not What You Do, It’s How You Do It.
BDXR empowers couples to reconnect emotionally, sexually, spiritually, and physically through intentional experiences that deepen intimacy, build trust, ignite passion, and strengthen lasting connection.
BLACK DIAMOND X RATED
TERMS OF SERVICE
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Effective Date: May 10, 2026
www.blackdiamondxrated.com is owned and operated by Black Diamond X Rated, a company registered and existing under the laws of the state of Florida
Please read these Terms of Service and our Privacy Policy carefully before accessing or making use of our services. All users of our website, mobile app, and other products and services are conditioned upon acceptance of these Terms of Service and our Privacy Policy. We may require you to accept further terms that apply to certain features or services.
By clicking to indicate your acceptance or otherwise further access or use of any part of our services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you are not allowed to use our Services. Any new or updated features or tools that are added to the current website, mobile app, and our services shall also be subject to these Terms of Service.
DEFINITIONS
"Our website" or "this website" - refers to www.blackdiamondxrated.com which includes: all pages, sub-pages, sub-domains, and any associated web-based application (collectively, "Website") owned and operated by Black Diamond X Rated.
"We", "Us", and "Our"- shall be used interchangeably and shall refer to Black Diamond X Rated, its owners, its affiliates and/or subsidiaries, and any person or entities associated with Black Diamond X Rated.
"Visitor"- is someone who merely browses this website or uses our app but has not registered an account.
"Member"- is someone that has registered an account with us to make use of our Services.
"User" or "Users" or "You"- is a collective identifier that refers to either a Visitor or Member.
“Account”- means an account created by a Member to access our Services.
“Products” – refers to the items that are available for purchase on our website which are either provided by us or a third-party company.
“Services”- shall collectively mean our services, mobile app, content, and our website.
“User Content”- collectively refers to all the data that users upload, transmit, create, or generate on or while using our Services. This includes Member profile pictures, in-app text or chat, audio recordings, streamed content, and/or other content authored by a User.
LEGAL COMPLIANCE
By using our Services, you agree to comply with all applicable local and international laws, statutes, ordinances, and regulations. We reserve the right to investigate reported violations of any of our operational Terms and to take necessary action we deem appropriate, including but not limited to canceling Services we render you, reporting any suspected illicit activity to law enforcement bodies, regulators, or other third parties.
CHANGE TO THESE TERMS
We reserve the right, at our sole discretion and without prior notice, to make additions, modifications, modify, remove, or replace any portion of these Terms at any time. Users will be notified about any changes through the website. In addition, Members will be notified through a message sent to their associated account e-mail.
Changes will become effective when posted unless we state otherwise. We urge Users to review the latest version of these Terms on this page any time they visit this website or make use of our Services. Your continued use of our Services without reading these Terms and their subsequent updates any time you use our Services means your acceptance of the latest version of these Terms.
In cases of disputes, the version of this Terms of Service at the time we receive your dispute notice will be applicable in resolving your dispute with us.
These Terms of Service and our Privacy Policy shall govern should any other policies of ours conflict with any provisions of these Terms and our Privacy Policy.
ACCOUNT ACCESS, SECURITY, AND AUTHENTICATION
You are responsible for maintaining the security of your Account credentials and for restricting access to your devices. Black Diamond X Rated recommends the use of strong passwords, multi-factor authentication where available, and secure internet connections when accessing the Services.
We reserve the right to require identity verification, additional authentication steps, or account validation procedures at any time for security, fraud prevention, or compliance purposes.
Black Diamond X Rated may suspend, restrict, or terminate Accounts suspected of unauthorized activity, fraudulent behavior, security threats, automated abuse, or violations of these Terms.
You acknowledge that internet transmissions are never completely private or secure and that any information sent through the Services may potentially be intercepted by third parties despite reasonable security measures.
SESSION MANAGEMENT AND DEVICE SECURITY
For security purposes, we may monitor login activity, device information, IP addresses, browser sessions, and account access patterns.
We reserve the right to terminate active sessions, log Users out remotely, or invalidate authentication tokens if suspicious activity, unauthorized access attempts, or security risks are detected.
Users are responsible for ensuring that devices used to access the Services are maintained with appropriate security protections, including updated software and antivirus protections where applicable.
ACCOUNT RECOVERY AND ACCOUNT OWNERSHIP
Black Diamond X Rated reserves the right to determine ownership of an Account in the event of disputes regarding account access, email ownership, identity verification, or fraudulent registration activity.
We may require documentation or additional verification before restoring access to an Account.
Failure to maintain accurate account information may result in delayed access, suspension, or permanent loss of account functionality.
ELECTRONIC COMMUNICATIONS
By using our Services, you consent to receive electronic communications from Black Diamond X Rated including notices, disclosures, agreements, receipts, account updates, and promotional communications by email or through our Services.
You agree that electronic communications satisfy any legal requirement that such communications be in writing.
CONTACT CONSENT FOR SMS
By providing your phone number to Black Diamond X Rated, you expressly consent to receive SMS and text message communications from us, which may include account notifications, transactional updates, security alerts, and promotional messages.
Message frequency may vary. Standard message and data rates may apply.
You may opt out of marketing SMS communications at any time by following the provided opt-out instructions or contacting support. Transactional or account-related messages may still be sent where permitted by law.
Consent to receive SMS messages is not a condition of purchase.
AUTHORIZED USERS
You affirm that you are 18 years of age or older. To purchase through our website, you must be 18 or older and have a valid credit card or other acceptable electronic payment methods. Subject to these Terms, you may not use our Services if you are unable to form a legally binding agreement with Black Diamond X Rated. You agree that you are only authorized to visit or use our Services for your personal use and not for any business purposes without a separate agreement in writing with Black Diamond X Rated. You may not use our Services to purchase any product for resale by you or on behalf of any other person. You may not resell, either directly or indirectly, any product purchased through our site.
EXPORT CONTROL AND AGE VERIFICATION ENFORCEMENT
Black Diamond X Rated Services are intended solely for lawful use by consenting adults who are at least eighteen (18) years of age or the age of majority in their jurisdiction, whichever is higher.
By accessing or using the Services, you represent and warrant that:
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you meet all applicable age requirements in your jurisdiction;
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you are legally permitted to access adult-oriented materials and services;
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you are not prohibited from using the Services under any applicable law, regulation, sanction, or governmental restriction;
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and your use of the Services complies with all local, state, federal, and international laws applicable to you.
Black Diamond X Rated reserves the right, at its sole discretion, to request age verification, identity verification, location verification, or additional eligibility documentation at any time.
Failure to provide requested verification information may result in restricted access, suspension, or termination of your Account or access to certain Services.
Users may not access or use the Services from jurisdictions where adult-oriented content, relationship wellness services, digital products, or related materials are prohibited or restricted by law.
You may not use, export, re-export, transfer, or make available any portion of the Services, software, content, or Digital Products in violation of applicable export control laws, sanctions regulations, trade restrictions, or embargo laws of the United States or other applicable jurisdictions.
Black Diamond X Rated reserves the right to restrict or deny access to any jurisdiction, region, user, device, payment method, IP address, or account where legal, compliance, fraud prevention, platform safety, or operational concerns exist.
ADULT CONTENT AND CONSENSUAL USE
Black Diamond X Rated is an adult-oriented lifestyle and wellness brand intended exclusively for individuals who are at least eighteen (18) years of age or older. Certain content, products, discussions, and materials available through our Services may include themes related to intimacy, relationships, sexual wellness, and adult education.
By accessing or using our Services, you acknowledge and agree that:
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You are at least eighteen (18) years old.
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You understand that some materials may contain mature or sensitive subject matter.
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You access and engage with such content voluntarily and at your own discretion.
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You understand that all content provided by Black Diamond X Rated is intended solely for lawful, educational, informational, and relationship-enhancing purposes.
Black Diamond X Rated promotes lawful, respectful, and consensual adult relationships and interactions. Any unlawful, exploitative, coercive, abusive, non-consensual, or otherwise prohibited sexual conduct or content is strictly forbidden on or through our Services.
We reserve the right to immediately remove any content, suspend access, or terminate accounts involved in activities that violate this policy or any applicable law.
NO MINORS CONTENT UPLOAD CLAUSE
Users strictly agree not to upload, transmit, request, share, distribute, or promote any content involving individuals under the age of eighteen (18) in any sexual, exploitative, suggestive, harmful, or inappropriate context.
Any content involving minors that violates this provision is strictly prohibited and may result in immediate suspension or termination of access, as well as reporting to appropriate law enforcement or child protection authorities where required by law.
CONTENT LIABILITY SHIELD FOR ADULT-THEMED CONTENT
Black Diamond X Rated is a relationship wellness, intimacy education, and adult lifestyle platform intended exclusively for consenting adults aged eighteen (18) years or older.
Users acknowledge that certain content available through the Services may contain discussions, themes, language, educational materials, wellness guidance, relationship advice, artistic expression, or other mature subject matter intended for adult audiences.
Black Diamond X Rated does not create, endorse, encourage, or promote unlawful sexual conduct, exploitation, abuse, coercion, trafficking, non-consensual activity, or illegal adult content of any kind.
Users are solely responsible for their interpretation, use, interactions, communications, decisions, and conduct arising from content accessed through the Services.
To the fullest extent permitted by law, Black Diamond X Rated disclaims liability for:
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personal decisions made based on content viewed through the Services,
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interactions between Users,
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off-platform conduct,
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misuse of adult-themed materials,
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offensive or objectionable User-generated content,
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or emotional, relational, psychological, or personal outcomes arising from use of the Services.
Black Diamond X Rated reserves the right, at its sole discretion, to remove, restrict, report, or terminate access to any content or User activity that violates these Terms, applicable laws, community standards, or platform safety policies.
Users understand that adult-themed content standards, legality, and acceptability may vary by jurisdiction, and Users are solely responsible for complying with the laws applicable in their location.
AVAILABILITY AND ACCURACY OF PRODUCTS
Certain products or services on our site may be exclusively available. These products or services may have limited quantities and are subject to the quality assurance of third-party companies who provide us some of these products.
We endeavor to display as accurately as possible the colors and images of each product that appear at the store. However, we cannot guarantee that your computer monitor's display of any color will be as accurate as displayed in our store.
We do not warrant that the quality of any products, services, information, or other material you purchased or obtained will meet your expectations
Black Diamond X Rated may terminate or suspend the supply of any product displayed on our site at any time and without prior notice if:
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We are out of stock.
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For maintenance work.
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To update content.
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For any other reason.
Products on the site are normally available for dispatch within 24 hours after purchase unless otherwise stated. Estimated dispatch times are provided for convenience only and are not guaranteed.
PRICES OF PRODUCTS
Prices of products displayed on our store are subject to change at any time. Prices of all products available on our store are marked on their respective descriptions and are subject to VAT at the prevailing rate which will be included in the total amount during cart checkout. Delivery charges will also be included when applicable. All prices are in USD. We may sometimes provide you with offers and discounts through promotional codes.
PURCHASE CONFIRMATION
All products listed on our store include clear descriptions and corresponding prices to help you make informed purchasing decisions before placing an order. Once you place an order for our product(s), we will send you an email confirming receipt of your order along with the details of your purchase. Your order constitutes an offer to purchase from Black Diamond X Rated, which we may accept through email confirmation and notification that your product has been dispatched.
ORDER REFUSAL
Black Diamond X Rated solely reserves the right to refuse any order at our discretion. We may, at our sole discretion, limit or cancel quantities purchased by each person, each household, or each order. These restrictions may include but are not limited to orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
The images on our website are for display purposes only. Actual products may differ from product images displayed. In other words, we do not guarantee 100% accuracy on any ordered product.
This site may contain certain information which is not updated. We reserve the right to modify the content of this site at any time without prior notice, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We assume no responsibility if information made available on this site is not accurate, complete, or outdated.
OPTIONAL SERVICES
We may provide you with access to third-party services which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such services “AS IS” and “as available” without any representations, warranties, or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party services.
Your use of optional services offered through our site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such services are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through its site (including, the release of new services and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
MEDICAL DISCLAIMER
Black Diamond X Rated may provide you with health tips and advice through our site or our social media channels, such advice and tips are not intended or implied to be a substitute for professional medical advice, diagnosis, or treatment. We are not medical experts, all content, including text, graphics, images, and information, contained on or available through this website and our social media channels is for general information and educational purposes only. We make no representation and assumes no responsibility for the accuracy of information contained on or available through this website or our social media channels, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through this website with other sources and review all information regarding any medical condition or treatment with your physician.
NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THIS WEBSITE OR OUR SOCIAL MEDIA CHANNELS.
NO PROFESSIONAL ADVICE
Black Diamond X Rated does not provide medical, psychological, therapeutic, counseling, legal, financial, or other licensed professional services.
Any relationship guidance, intimacy advice, educational materials, wellness recommendations, or lifestyle content provided through our Services is for informational and entertainment purposes only and should not be relied upon as professional advice.
Users should seek qualified professionals regarding their individual circumstances.
AI / AUTOMATED CONTENT DISCLAIMER
Black Diamond X Rated may use automated systems, algorithms, or artificial intelligence technologies to generate, personalize, recommend, or assist in creating certain content, including but not limited to educational materials, suggestions, messaging, or interactive features.
Such automated outputs are provided for informational, educational, and entertainment purposes only and may not always be accurate, complete, or appropriate for every situation.
Users acknowledge that automated content may contain errors, inaccuracies, or unintended results, and agree that reliance on such content is solely at their own risk.
AI-GENERATED OR AUTOMATED CONTENT DISCLAIMER
Certain content available through the Services may be generated or assisted by artificial intelligence or other automated systems.
Black Diamond X Rated does not guarantee the accuracy, reliability, legality, or appropriateness of AI-generated content and disclaims all liability for decisions made based on such content.
Users are solely responsible for independently evaluating any AI-generated outputs before acting upon them.
RESULTS DISCLAIMER
Individual experiences and results may vary. Black Diamond X Rated does not guarantee specific emotional, relationship, intimacy, wellness, or personal outcomes from the use of our Services, products, challenges, educational materials, recommendations, or content.
Any testimonials, examples, or success stories shared through our Services are individual experiences provided for informational and inspirational purposes only and should not be interpreted as guarantees of similar results. Testimonials and endorsements may not represent the experience of all Users.
NO GUARANTEE OF RELATIONSHIP OR WELLNESS RESULTS
Black Diamond X Rated does not guarantee and makes no representations regarding any specific outcomes, including but not limited to improvements in relationships, intimacy, communication, emotional connection, sexual wellness, personal development, compatibility, reconciliation, or psychological well-being.
Users acknowledge and agree that results will vary significantly based on individual circumstances, and that any reliance on the Services, content, challenges, programs, or recommendations is at their own discretion and risk.
Nothing provided through the Services shall be interpreted as a guarantee of success in relationships, emotional outcomes, or personal transformation.
FTC DISCLOSURE
Some content on this website may include endorsements, testimonials, or promotional messaging that reflects the personal opinions and experiences of individuals. These statements are not guarantees of results and may not be typical.
Black Diamond X Rated may receive compensation from affiliate links or partnerships at no additional cost to users. Any product or service recommendations should be independently evaluated by the user before purchase.
OWNERSHIP; USER LIMITED LICENSE
Black Diamond X Rated and our related Services: All content provided to you through our Services are owned and licensed to Black Diamond X Rated. Our content and all associated Services are trademarked, copyrighted, patented, and have obtained worldwide intellectual property rights. All rights are reserved. Black Diamond X Rated, subject to your acceptance and abiding by these Terms grants you a limited license to use our Services. You agree not to use our Services in any way that will tarnish our good public reputation or bring us any liability. We reserve the right to terminate, ban, and seek further legal actions against you if you breach any of these Terms.
YOUR ATTEMPT TO DISRUPT, MANIPULATE, HIJACK, HACK OR INTERFERE WITH THE SERVICES OR OPERATIONS OF Black Diamond X Rated WILL BE CONSIDERED A BREACH OF OUR OPERATIONAL POLICY OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
Content of Users: Our Services permit Users to create, share, and post content which includes but is not limited to messages, photos, videos, audios, graphical works, etc. (All collectively referred to as "User Content") The User retains all rights to their User content except for (a) any content from the Services that may be incorporated in your User Content, and (b) the license you grant below, as between you and Black Diamond X Rated
To post, transmit, upload, or publish any content on our Services, you agree that such content is:
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Originally yours, not in violation of any third-party rights, or that you have obtained adequate right and license from the owner of the content before posting.
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Authentic and accurate.
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Not in violation of any local, federal, or international law.
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Not considered to be confidential.
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Not prohibited or in violation of any section of our Terms of service.
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Free of malicious codes, worms, spyware, trojans, viruses, ransomware, adware, etc.
All content transmitted to and on our Service by a User are not considered to be confidential or proprietary once transmitted.
User license to Black Diamond X Rated ends upon data deletion request by the User. However, there are certain conditions and certain content we may not be able to delete which are:
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User content that are licensed to Black Diamond X Rated under different license terms and agreements.
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Content a User shared with other Users which has been made public or have been stored privately.
We will take necessary steps to delete User Content from active use upon User request, this may include suppression of User content in our system. However, User Content may persist in our systems, including in backup copies. We may also retain copies of User Content if we reasonably believe it is legally required.
Comments transmitted within the public section of our Service (blogs, forums, comment sections, chats, etc.) may be copied and stored outside our Service by other Users. We do not guarantee the safety of such User content or ideas that were posted publicly, we urge Users not to post confidential or sensitive information in the public section of our Service.
We won't be liable for any inappropriate use of your content that was copied from the public section of our Service by other Users
We reserve the right at our sole discretion to delete User content that doesn't comply with our Terms and other applicable terms. If such User content infringes the intellectual property rights of a third party, we may disclose your identity to such third party upon their request. Furthermore, your identity may be disclosed at the request of law enforcement agencies, government bodies, or by a court of law.
LICENSE TO USE USER CONTENT
By posting, submitting, or sharing User Content through our Services, you grant Black Diamond X Rated a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, distribute, and create derivative works of such content solely for the purposes of operating, improving, promoting, and providing our Services.
This license allows us to:
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Display your content within the platform.
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Use submitted testimonials, reviews, or public posts in marketing and promotional materials.
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Improve platform functionality and user experience.
You retain ownership of your User Content and may request deletion of eligible content in accordance with our Privacy Policy and applicable law.
This license ends when your content is deleted from active use within our systems, except where retention is legally required or where content has been shared publicly by you or others.
MONITORING USE OF SERVICES AND USER CONTENT
Black Diamond X Rated does not and is not obligated to monitor User content or conduct of Members using our Services. We do not endorse or approve content posted by Users so we cannot guarantee the accuracy or appropriateness of your User content. Users are responsible for the content they post, Black Diamond X Rated is not responsible for such content and won't be liable for any damage caused by such information, materials, products, or services offered by other Users through our Services. Using our Service is at your sole discretion, you understand you may be exposed to content that are sexual, offensive or members with inappropriate behavior. If you encounter such offensive content or a member violating our Terms or abusing our Services, kindly let us know immediately by using the "Report" button or contact customer support.
While we are not obligated to monitor User content, we may at our sole discretion, record, monitor, or store your communications with other Users. For more information, see our Privacy Policy.
Without notice, we may choose to modify, reject, or completely delete any User Content we find inappropriate or to be against our Terms and may further limit or terminate a member's account for posting content that is against or violates our Services.
COMMUNITY STANDARDS AND MEMBER CONDUCT
Black Diamond X Rated is committed to maintaining a respectful, safe, and supportive environment for all Users and Members. By participating in our community features, including forums, chats, comments, and interactive services, you agree to uphold these community standards.
Users may not:
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Harass, threaten, intimidate, or abuse other Members.
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Engage in hate speech, discriminatory conduct, or personal attacks.
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Share explicit nude images or sexually graphic content unless expressly permitted through designated features of our Services.
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Post unlawful, exploitative, or non-consensual material.
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Impersonate another individual or misrepresent identity.
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Use our Services for solicitation, spam, scams, or deceptive practices.
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Encourage dangerous, harmful, or illegal behavior.
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Share confidential or personally sensitive information belonging to others without permission.
Black Diamond X Rated reserves the right, at its sole discretion, to investigate violations, remove content, restrict access, suspend memberships, or permanently terminate accounts that violate these standards.
Our goal is to cultivate a consent-first, respectful, and emotionally safe community environment.
NO USER SCREENING GUARANTEE
Black Diamond X Rated does not conduct comprehensive background checks, criminal screenings, psychological evaluations, identity verification guarantees, or behavioral assessments of Users unless explicitly stated.
We do not guarantee the safety, trustworthiness, accuracy of identity, or conduct of any User interacting with the Services.
Users are solely responsible for exercising caution and judgment when interacting with other Users, both online and offline.
MODERN SAAS PROTECTION CLAUSES
1. SERVICE AVAILABILITY & NO SERVICE LEVEL AGREEMENT (SLA)
Black Diamond X Rated does not guarantee uninterrupted, timely, secure, or error-free operation of the Services.
We do not provide any service level agreement (SLA), uptime guarantee, or availability warranty. Services may be suspended or unavailable at any time due to maintenance, updates, system failures, or events beyond our control.
You acknowledge that temporary or extended downtime may occur and agree that Black Diamond X Rated shall not be liable for any losses resulting from such interruptions.
2. DATA LOSS & BACKUP DISCLAIMER
You are solely responsible for maintaining backups of any User Content, data, or materials you upload or generate using our Services.
Black Diamond X Rated does not guarantee the preservation, integrity, or availability of User Content and shall not be liable for any data loss, corruption, or deletion, whether caused by system failure, user error, security incidents, or service termination.
3. SECURITY LIMITATION & NO GUARANTEE OF BREACH PREVENTION
While we implement reasonable security measures, Black Diamond X Rated does not guarantee that the Services will be immune from unauthorized access, hacking attempts, cyberattacks, or other security breaches.
You acknowledge that no system is completely secure, and you agree that Black Diamond X Rated shall not be held responsible for unauthorized access, interception, or loss of data beyond our reasonable control.
4. THIRD-PARTY DEPENDENCY DISCLAIMER
Our Services may rely on third-party platforms, providers, APIs, hosting services, payment processors, or integrations.
Black Diamond X Rated does not control and is not responsible for the performance, availability, security, or content of third-party services.
Any disruptions, failures, or changes in third-party services may impact the availability or functionality of our Services, and we shall not be liable for such impacts.
5. BETA FEATURES & EXPERIMENTAL SERVICES
From time to time, Black Diamond X Rated may offer features labeled as “beta,” “experimental,” “early access,” or similar designations.
Such features are provided for testing purposes only and may be incomplete, unstable, or subject to change or removal at any time without notice.
You agree that use of beta features is at your sole risk, and we provide no warranties or guarantees regarding their performance or availability.
6. USAGE LIMITS & ABUSE PREVENTION
We reserve the right to impose limits on usage, including but not limited to API requests, content generation, messaging, uploads, or system interactions.
We may throttle, suspend, or restrict access if we determine that usage:
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exceeds reasonable thresholds,
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threatens system stability,
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involves abusive, automated, or fraudulent activity,
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or violates fair use expectations.
7. INDEMNIFICATION BY USERS (EXPANDED PROTECTION)
You agree to indemnify, defend, and hold harmless Black Diamond X Rated, its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of:
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your use of the Services,
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your User Content,
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your violation of these Terms,
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your violation of any applicable law or third-party rights,
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or your interactions with other Users.
8. CONTENT RELIANCE DISCLAIMER (PLATFORM CONTENT)
Any content, advice, recommendations, or materials provided through the Services are for informational purposes only.
You acknowledge that reliance on any content provided by Black Diamond X Rated or other Users is at your own risk, and we assume no liability for decisions made based on such content.
9. MODIFICATION & DISCONTINUATION OF SERVICES
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice.
We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services or any feature thereof.
10. FAIR USE & PLATFORM INTEGRITY
We may enforce fair use policies to protect system performance and user experience.
We reserve the right to monitor usage patterns and take action against behavior that degrades system performance, exploits platform vulnerabilities, or negatively impacts other users.
AFFILIATE DISCLOSURE
Black Diamond X Rated may recommend or promote products and services offered by third-party companies.
Some links on our Services may be affiliate links, meaning Black Diamond X Rated may receive compensation if Users purchase through such links at no additional cost to the User.
Black Diamond X Rated only promotes products or services believed to align with our mission of relationship wellness, intentional intimacy, and lifestyle enhancement; however, Users remain solely responsible for evaluating third-party products and services before purchase.
DMCA COPYRIGHT CONTACT
If you believe material on our Services infringes your copyright, submit written notice including:
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Identification of the copyrighted work;
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Identification of the allegedly infringing material;
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Your contact information;
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A statement of good-faith belief;
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A statement under penalty of perjury that your claim is accurate;
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Your physical or electronic signature.
DMCA Notices should be sent to:
Black Diamond X Rated
PO Box 5383
Tallahassee, Florida 32314
Email: blackdiamondxrated@gmail.com
Black Diamond X Rated will investigate and respond promptly in accordance with applicable copyright law.
PAYMENT METHODS
For orders placed via our Store, Black Diamond X Rated accepts Credit and Debit Card, and other payment methods displayed during the time of payment. When making a payment and to successfully have your payment processed, you are required to provide accurate information such as card details or other billing information. You will be notified once we receive your payment which transfers the ownership of the product to you.
You agree to provide current, complete, and accurate purchase and account information for all purchases made on our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.
SUBSCRIPTIONS, MEMBERSHIPS, AND RECURRING BILLING
Certain Services may be offered through recurring subscription plans or memberships.
By enrolling in a subscription or membership, you authorize Black Diamond X Rated to charge your selected payment method on a recurring basis according to the billing terms disclosed at the time of purchase.
You acknowledge and agree that:
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Subscription fees may automatically renew unless canceled before the renewal date.
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You may cancel recurring billing through your account settings or by contacting customer support.
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Fees already charged may be non-refundable unless otherwise stated in a separate refund policy.
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We reserve the right to modify pricing or subscription benefits with reasonable notice.
Failure to maintain valid payment information may result in suspension or termination of subscription access.
PAYMENT PROCESSOR AND BILLING SERVICES DISCLAIMER
Black Diamond X Rated utilizes third-party payment processors, billing providers, and financial service platforms to process payments, subscriptions, refunds, and related transactions.
By submitting payment information through our Services, you authorize such third-party providers to process transactions on our behalf in accordance with their respective terms, privacy policies, and operational procedures.
Black Diamond X Rated does not directly store complete payment card information unless expressly stated otherwise. Payment processing services may be subject to additional terms and conditions imposed by the applicable payment processor.
We are not responsible for:
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payment processing errors,
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banking delays,
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declined transactions,
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processor outages,
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fraud monitoring holds,
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chargeback decisions,
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currency conversion discrepancies,
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or interruptions caused by third-party payment providers.
We reserve the right to suspend, delay, cancel, or refuse transactions where fraud, unauthorized activity, payment disputes, suspicious billing behavior, or violations of these Terms are suspected.
Users remain responsible for any fees, penalties, reversals, chargebacks, collection costs, or expenses arising from failed payments, disputed transactions, insufficient funds, or unauthorized use of payment methods associated with their Account.
Black Diamond X Rated reserves the right to cooperate with payment processors, financial institutions, fraud prevention agencies, and law enforcement authorities in connection with payment investigations, fraud prevention, security reviews, or dispute resolution.
CHARGEBACK ABUSE CLAUSE
Users agree not to initiate unjustified, fraudulent, or abusive chargebacks or payment disputes with their bank, credit card provider, or payment processor for legitimate transactions made through Black Diamond X Rated.
In the event of a chargeback or payment dispute, we reserve the right to:
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suspend or terminate account access,
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revoke access to purchased Digital Products or Services,
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deny future purchases,
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recover outstanding balances,
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and report the matter to fraud prevention services or financial institutions where permitted by law.
We also reserve the right to present transaction records, user activity logs, and service access data to payment processors as evidence in dispute resolution.
DIGITAL PRODUCTS
Black Diamond X Rated may offer digital products, downloadable materials, online courses, memberships, challenges, guides, exclusive content, virtual experiences, streamed media, and other electronically delivered products or services (“Digital Products”).
By purchasing or accessing any Digital Product, you acknowledge and agree that:
Digital Products are licensed, not sold, for personal, non-commercial use only.
You may not reproduce, redistribute, resell, copy, share, sublicense, publicly display, modify, or exploit any Digital Product without prior written consent from Black Diamond X Rated.
Access to Digital Products may be limited, revoked, modified, or discontinued at our discretion, including for violations of these Terms.
Black Diamond X Rated does not guarantee uninterrupted or permanent availability of Digital Products, including previously purchased content hosted through third-party platforms or providers.
Certain Digital Products may require internet access, compatible devices, updated software, or third-party services to function properly.
Digital Products, downloadable materials, memberships, subscriptions, streamed content, and online access purchases may be non-refundable once accessed, downloaded, delivered, streamed, or substantially consumed, except where required by applicable law.
Users are responsible for maintaining the confidentiality and security of their account credentials associated with Digital Product access.
Unauthorized sharing, piracy, credential sharing, account abuse, or distribution of Digital Products may result in immediate suspension or termination of access without refund and may subject the User to legal action.
Black Diamond X Rated reserves all intellectual property rights related to Digital Products and all associated content.
RETURN AND REFUND POLICY
Returns, refunds, and exchanges are governed by our separate Return Policy available on our website.
Certain intimate, wellness, personal-use, digital, or hygiene-sensitive products may be non-returnable unless defective or required by applicable law.
Black Diamond X Rated reserves the right to deny returns that violate our stated policy.
PRIVACY POLICY
Your use of our Services is also governed by our Privacy Policy, which explains how we collect, use, store, and protect your information.
GDPR, CCPA, AND PRIVACY RIGHTS
Black Diamond X Rated respects the privacy rights of Users and is committed to complying with applicable privacy and data protection laws, including the General Data Protection Regulation (“GDPR”), the California Consumer Privacy Act (“CCPA”), and similar privacy laws where applicable.
Depending on your jurisdiction and subject to applicable legal limitations, you may have the right to:
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Request access to the personal information we collect about you;
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Request correction of inaccurate or incomplete personal information;
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Request deletion of your personal information;
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Request restriction or limitation of certain processing activities;
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Object to certain uses of your personal information;
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Request portability of your personal data in a commonly used format;
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Withdraw consent where processing is based on consent;
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Opt out of certain marketing communications;
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Opt out of the sale or sharing of personal information where applicable under law.
Black Diamond X Rated does not sell personal information in exchange for monetary compensation. However, certain sharing of information with advertising, analytics, or marketing partners may be considered “sharing” under certain privacy laws.
Users may exercise applicable privacy rights by contacting us using the contact information provided in our Privacy Policy or Terms of Service.
We may require identity verification before processing privacy-related requests to protect User accounts and personal information.
Black Diamond X Rated reserves the right to retain certain information where required by law, necessary for legitimate business purposes, dispute resolution, fraud prevention, security, tax obligations, or enforcement of our agreements.
International Users acknowledge that information may be processed and stored in the United States or other jurisdictions where privacy laws may differ from those in their country of residence.
If you are located in the European Economic Area (EEA), United Kingdom, or California, you may have additional rights under applicable privacy laws.
Users may designate an authorized agent to make certain privacy requests on their behalf where permitted by law.
TERMINATION
We reserve the right to suspend, restrict, or terminate access to our Services at any time and for any reason, including violation of these Terms, suspected unlawful activity, abusive conduct, or misuse of our Services.
ACCOUNT TERMINATION APPEALS PROCESS
If your Account has been suspended, restricted, or terminated, you may request a review of the action by contacting Black Diamond X Rated through the contact information provided in these Terms.
Any appeal request should include sufficient information for us to investigate the matter, including your account email address, relevant details regarding the suspension or termination, and any supporting information you believe is relevant.
Black Diamond X Rated reserves the right, at its sole discretion, to determine whether an Account suspension or termination will be reversed, modified, or upheld.
Submission of an appeal does not guarantee restoration of account access, membership privileges, purchased content, subscriptions, or User Content.
We may deny appeals involving:
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fraudulent activity,
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security threats,
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harassment or abusive conduct,
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unauthorized sharing or piracy,
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illegal activity,
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repeat violations,
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or conduct that poses risk to the platform, community, or other Users.
Black Diamond X Rated may permanently retain records relating to account enforcement actions for legal, security, fraud prevention, and operational purposes.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of service, Users are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; and (l) to post unauthorized explicit content, exploitative sexual material, or prohibited solicitation.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
YOUR INTERACTIONS WITH OTHER MEMBERS
Communications and interactions between Members are solely at the discretion of the Members involved, we do not interfere in such interactions unless during a dispute if we so desire. By communicating and interacting with other Members, you accept all liability you agree not to hold Black Diamond X Rated or anyone associated with Black Diamond X Rated responsible for any loss, claims, demands, damages, or compensations of any kind arising from your communication or interactions with another Member.
THIRD-PARTY ADVERTISING
We may feature advertisements from third-party companies through links on our mobile app or website, some of these third-party advertisements provide you promotional offers. Your decision to use those links is solely at your discretion, you agree to take full responsibility for your decision to use such third-party offers.
Our posting of third-party advertisements does not in any way constitute our affiliation, approval, or endorsement of such advertisements or their related offers. We do not have control of their business practices, the content posted on such sites, or the data they collect from you. Please endeavor to read their privacy policy page before making use of their services as they may or may not ask your permission before collecting that information.
You agree not to hold Black Diamond X Rated liable for any loss, harm, or damage arising from your decision to use such third-party advertisement links.
Our Privacy Policy explains what information we share with advertisers. Please read it.
COPYRIGHT NOTICES/COMPLAINTS
Black Diamond X Rated takes its intellectual property rights and that of others seriously and we require you to do so. We respond promptly to alleged copyright infringement notices in compliance with the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent other local laws that may apply. Black Diamond X Rated reserves the right to terminate the account of any Member that infringes the intellectual property rights of others (repeatedly) without notice.
FEEDBACK AND UNSOLICITED IDEAS
We may require you to leave us feedback on certain features through a customer insights program. Your decision to leave feedback is optional but we would like you to do so. If we require feedback from you through a program, your feedback is subject to the guidelines of the specific program.
All feedback, information, or idea you send to us voluntarily is subject to our unsolicited ideas.
FORCE MAJEURE
Black Diamond X Rated shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to natural disasters, acts of God, internet outages, cyber-attacks, labor disputes, governmental actions, supply shortages, or interruptions in third-party services.
AVAILABILITY OF THE SERVICES; WARRANTY DISCLAIMER
Our Services may be temporarily unavailable from time to time for maintenance or other reasons. Black Diamond X Rated assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communication failure. We reserve the right to suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.
OUR SERVICES AND ALL CONTENT, MATERIALS, AND PRODUCTS ARE PROVIDED ON AN “AS IS" BASIS, WITH ALL "DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. BLACK DIAMOND X RATED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY USE OF OUR PRODUCTS AND SERVICES. BLACK DIAMOND X RATED MAKES NO REPRESENTATION THAT THE SITE, OUR MOBILE APP, OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. BLACK DIAMOND X RATED MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED THROUGH OUR SERVICE IS APPLICABLE OR APPROPRIATE FOR USE IN YOUR STATE OR COUNTRY.
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU DO SO AT YOUR OWN RISK.
LIMITATIONS; WAIVER OF LIABILITY
IN NO EVENT WILL BLACK DIAMOND X RATED OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, EMOTIONAL DISTRESS, RELATIONSHIP DISPUTES, OR INTERRUPTION OF PERSONAL OR BUSINESS ACTIVITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, CONTENT, OR ANY PRODUCTS OR DIGITAL PRODUCTS ACCESSED THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, BLACK DIAMOND X RATED’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED TWO HUNDRED DOLLARS (US $200).
THE SERVICES, INCLUDING ALL CONTENT, PRODUCTS, AND DIGITAL MATERIALS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
DISPUTE RESOLUTION AND ARBITRATION
To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms, your use of our Services, or any products purchased through Black Diamond X Rated shall first be attempted to be resolved through informal good-faith negotiations.
If a dispute cannot be resolved informally, both parties agree to submit the matter to binding arbitration in the State of Florida, rather than pursuing litigation in court, except for matters eligible for small claims court or claims involving intellectual property rights.
You agree that:
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Arbitration shall be conducted on an individual basis only.
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You waive any right to participate in class actions or class-wide arbitration.
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Each party shall bear its own legal costs unless otherwise determined by the arbitrator.
This arbitration provision shall survive termination of your relationship with Black Diamond X Rated.