Thank you for visiting Diamond Sierra's website. Please review the following Terms of Service which govern your use of our website. Your use of our website is subject to the following terms and conditions. If you do not agree with any of these Terms of Service, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND ANY INFORMATION OR MATERIALS CONTAINED ON OR DOWNLOADED FROM OUR WEBSITE. Your use of our website shall be deemed as your Agreement to abide by the enumerated terms set forth below. These Terms of Service may be periodically revised and expanded to better serve our visitors and clients. It shall be your responsibility to keep abreast of these updates through frequent review of these terms. Your continued use of this website shall indicate acceptance of all revisions to these Terms of Service.
All text, graphical elements, sample code segments, and application software (hereinafter "Content"), comprise copyrighted materials owned by or duly licensed to
Diamond Sierra. Content may contain copyrights, trademarks, service marks, and trade names owned by
Diamond Sierra and its officers, and may contain other copyrights, trademarks, service marks, and brand names owned by certain third parties. Any products or services described in the Contents may be subject to other intellectual property rights. Exercise of such rights are expressly reserved by
Diamond Sierra or third parties.
"Diamond Sierra" and "Diamond
Sierra" are servicemarks of Diamond Sierra. "Paul Bunyan" is a registered trademark of
Diamond Sierra. Our servicemarks, trademarks, and copyrights may not be used in connection with any product or service that is not directly associated with our company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits
Diamond Sierra. Exceptions will be made only in cases in which a senior officer of
Diamond Sierra provides written authorization -- such as for use in jointly-labeled advertising of Diamond Sierra products.
Except as otherwise noted on this website, you are hereby authorized to view, download, cache, copy, and print the Content solely for your personal or internal business use, within terms of our licensing, and not for further distribution or unauthorized resale, subject to the following conditions:
No permission is granted to print, copy, store, display in public, redistribute, or modify the Contents, except as expressly provided in these Terms. No permission is granted to use
Diamond Sierra Content, URL address, or other means to link other web sites with any portion of this website. You agree not to "frame" or "mirror" any of the Content contained on or accessible from this website on any other server or device without prior written authorization by
Diamond Sierra or its officers, as may be applicable.
- The Contents may be used for the purposes of
obtaining information about Diamond Sierra and its
products or services;
- Copies of the Contents (or portions thereof) must include the following copyright notice:
Copyright © 1999-2007 - Diamond Sierra - All Rights Reserved; and
- Diamond Sierra reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon written notice from
Our website may include external hypertext links to other websites on the Internet. Since we are unable to exercise control over such external websites and the content thereof, we make no guarantee as to the accuracy, currency, content, or quality of any such sites and their content. We assume no responsibility whatsoever, as to inaccurate content or unintended consequences of following such hypertext links.
Diamond Sierra is not responsible for Spam, and we are largely unable to stop it from occurring.
Diamond Sierra may occasionally send outbound email communications to our customers. We have established policies in place that enable our customers to control delivery of our infrequent email communications, or to curtail it altogether should you prefer. Each outbound email communication from
Diamond Sierra allows the receiver to opt-out of all future deliveries. The vast majority do not exercise this option, however.
You are responsible for all uses of your account information, whether or not usage was actually or expressly authorized.
We may modify or discontinue these services, with or without notice, without incurring liability to you or any third party. We reserve the right to terminate your Terms of Service if we learn that you have provided us with false information, interfered with other users, or interfered with the administration of Diamond Sierra services, or have otherwise violated these Terms of Service.
You understand and agree that services are provided "AS-IS".
Diamond Sierra assumes no responsibility for timeliness, corruption, misdelivery, or your inability to download or retrieve any Content.
ALTHOUGH Diamond Sierra ENDEAVORS TO PROVIDE TIMELY, ACCURATE, AND RELIABLE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CURRENCY, ACCURACY, OR RELIABILITY OF INFORMATION ON THIS WEBSITE. YOU ACKNOWLEDGE BY USING THIS WEBSITE, THAT YOU DO SO SOLELY AT YOUR OWN RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL EXPENSES ASSOCIATED WITH ALL REQUIRED MAINTENANCE OR REPAIR OF ALL EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THIS WEBSITE.
Diamond Sierra DOES NOT WARRANT YOUR USE OF THIS SITE, THE OPERATION OR FUNCTIONALITY OF THIS WEBSITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS AND SERVICES OFFERED IN CONNECTION HEREWITH, TO BE FREE FROM ERROR OR OTHERWISE UNINTERRUPTED; THAT ANY DEFECT WILL BE CORRECTED; OR THAT THIS WEBSITE OR ITS SERVER TO BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
EXCEPT AS EXPRESSLY STATED IN A SEPARATE WRITTEN AGREEMENT, THE CONTENTS AND ANY OTHER INFORMATION ("MATERIALS") CONTAINED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
Diamond Sierra OR ITS OFFICERS BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE, ITS CONTENT, OR ANY MATERIAL CONTAINED HEREON, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF PROPERTY, OR DAMAGE TO PROPERTY, EVEN IF
Diamond Sierra HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SINCE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree that Diamond Sierra and its licensors may make improvements and/or changes in the Content and products described in this website, if any, at any time without prior notice and without liability of any kind.
You agree to defend, indemnify, and hold harmless
Diamond Sierra, its officers, directors, employees, consultants, affiliates, and agents from all third party claims, liability, damages, or costs (including, but not limited to, attorney's fees) arising from your use of our services, your violation of the Terms of Service, your infringement of any intellectual property, or other right of any person or entity.
Nothing contained in this website shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark, or other Intellectual Property Rights of the
Diamond Sierra, its affiliates, or any third party and, except as provided above, the exercise of all such Intellectual Property Rights in the products, processes, or technologies described in the Contents are expressly reserved to
Diamond Sierra, its officers, and certain third parties, as applicable.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to its conflict of laws provisions or to your State or Country of residence. If for any reason any provision or portion of these Terms of Service is held to be unenforceable by a court of competent jurisdiction, the remainder of the Terms of Service will be construed, as closely as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of
Diamond Sierra to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged in writing by a senior officer of
Diamond Sierra. The Terms of Service and our security policy comprise the entire agreement between you and
Diamond Sierra, and supersede all prior or contemporaneous negotiations, discussions, or agreements, if any, between the parties regarding the subject matter contained herein.