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(d) No Automated or Non-Human Means of Access: You also may not access or use the Site through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the site for purpose of scraping, harvesting, mining, or other data extraction; and you may not access or use the site for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Site’s operations or interference with access to the Site and such as through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications.
(e) Additional permissions: You may request additional permissions to use any Site Content by contacting us as described on the Sites. In making any such request, you represent and warrant that all information and statements you provide to us are true and accurate and that you are authorized to act on behalf and to bind any organization on whose behalf you may be requesting permissions.
Your Messages, Requests, or Other Comments or Content to or for Us
The Sites may provide you with the ability to contact us through e-mail addresses, contact forms, or other means. To the extent that you do so and send along any ideas, input, feedback, or anything of similar nature, you grant us a perpetual, irrevocable, nonexclusive, royalty-free license to use any such ideas, input, feedback, or anything of similar nature to change our existing products or services, to develop new products or services, or otherwise in our business.
Notwithstanding anything to the contrary set forth herein or otherwise, Blue Diamond will have the right to collect and analyze data and other information relating to the provision, use or performance of the Sites and related systems and technologies (including information concerning user data and data derived therefrom), and to aggregate and/or anonymize all such data and information. Blue Diamond will be free at any time to: (i) use such information and data to improve and enhance Blue Diamond’s offerings; and (ii) disclose such data in aggregate or other de-identified form in connection with its business. ANy such use of information under this provision shall be in conformance with Blue Diamond’s Privacy Notice, available at www.bluediamond.com/privacy-notice.
Linked Websites and Services
The Sites may contain links to and integrations with third party websites and services, and you agree that Blue Diamond provides links to and integrations with such websites and services solely as a convenience and has no responsibility for the content or availability of such websites or services, and that Blue Diamond does not endorse such websites or services (or any products or other services associated therewith). Access to any other internet site linked to the Sites is at your own risk, and Blue Diamond is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Your use of such websites and services will be subject to the terms applicable to each such website and service. You may not post a link that directs users to any content or information that would constitute a violation of these Terms of Service.
Limitation of Liability
(b) Limitation of Liability: TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT BLUE DIAMOND AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL) RESULTING OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITES (OR ANY SITE CONTENT)—WHETHER BASED ON WARRANTY, CONTRACT, TORT/NEGLIGENCE, OR OTHER LEGAL THEORY—EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BLUE DIAMOND AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Location of the Sites and your Use
Blue Diamond operates or controls the operation of the Sites from the United States. In addition, the Sites may be mirrored, and other websites operated or controlled by Blue Diamond may be operated from various locations in and outside of the United States. Blue Diamond makes no representation or warranty that all of the features of the Sites will be available to you outside of the United States, or that the Sites are permitted to be accessed outside of the United States. Additionally, the Sites may not be helpful or relevant to all international users. You acknowledge that you are solely responsible for any decision by you to use of the Sites from locations outside of the United States, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.
Governing Law and Jurisdiction