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Disclaimer and Terms of Service

Please read these terms and conditions carefully. By accessing this web site you are indicating that you have read, acknowledged and agreed to be bound by these terms and conditions. Your agreement shown by accessing and using this web site is as legally binding as if you signed a written document. If you do not agree to all these terms and conditions, do not access this web site.

Black Diamond may change these terms and conditions, and you are responsible for regularly reviewing and complying with them. Your continued use of this web site constitutes your agreement to all those terms and conditions.

You may not attempt to gain unauthorized access to the web site, or computer systems or networks connected to the web site, through hacking, password or data mining, or any other means to circumvent security procedure. You may not use bots, spiders or intelligent agent software (or other methods) for any purpose other than accessing publicly posted portions of the web site and then only as authorized by the license we provide to you below under “Proprietary Rights.” Unauthorized use of our web site and systems, including, but not limited to, unauthorized entry intoBlack Diamond’s computer networks and systems, or misuse of password is strictly prohibited. “Unauthorized use” includes using the publicly available information for purposes which are not authorized by this agreement, or otherwise not consistent with terms set out in our copyright notice or notice to investors.

Rights and Obligations

We retain the right to deny your access to the web site or any part of it at any time with or without notice, in our sole discretion.

You may not use the web site in any manner that could damage, disable, overburden, or impair the web site or any service we provide or interfere with any other party’s use and enjoyment of the web site or any service we provide.

You are to ensure that any information you provide to us through the web site will be accurate.

The information and materials on the web site may contain errors or inaccuracies, including both typographical and substantive errors. We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to discontinue, change, improve or correct the information, materials and descriptions on the web site and to suspend or deny access to the web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and we have no responsibility to update or amend any such information.

Disclaimer of Warranty

We and our agents and licensors expressly disclaim all express and implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, security, title, non-infringement, of error-free or uninterrupted services, or that the information on this web site will meet your needs or expectations.

We do not warrant, guaranty, or make any representations whatsoever, express or implied, or assume any liability to you, including regarding (i) the use of or the results of access to the web site or any delay or loss of or limit on access to or use of the web site, or (ii) system performance and effects on or damages to software and hardware in connection with any use of the web site. We shall not be liable for any harm caused by the transmission through the web site of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impede in any manner the operation of the web site or any of your software, hardware, data or property. Except as otherwise required by law, we shall have no liability for losses caused by the negligence, actions or failure to act of any third party, including, but not limited to, your Internet access provider.

Notice to Investors

By accessing this web site and any pages thereof, you acknowledge your agreement with and understanding of the following terms of use and legal information pertaining to both this web site and any material in it. If you do not agree to the terms and conditions below, do not access this web site or any pages thereof.

Nothing on this web site should be construed as a solicitation or offer, or recommendation, to acquire or dispose of any investment or to engage in any other transaction. Such an offer will only be made in connection with the delivery of a confidential private placement memorandum, which are available to pre-qualified persons on request. Qualifications vary from product to product. Not all products and services described on this web site are available in all jurisdictions.

The value of investments and the potential income derived from them may fluctuate. Depending on unpredictable market cycles and the nature of certain financial instruments, investors may not necessarily see full return on capital invested. We cannot forecast with certainty the size of any return, and investors may experience declines in the value of their portfolio instruments. Past performance is not necessarily a guide to the future performance of an investment. Changes in rates of foreign exchange may cause the value of investments to go up or down.

Information presented on this site has been obtained from sources and vendors that Black Diamond believes to be reliable. However, we cannot guarantee its accuracy. Prospective investors should be aware that such information is subject to change without notice.

Privacy Policy

This policy applies only to information collected at this web site. It does not apply to information collected by us, or on our behalf, in person, through the mails, by telephone or any other means. This policy is effective as of May 1, 2009.

By using our web site, you consent to the terms of our privacy policy and to our use of your personal information as described here.

Personal Information

We at Black Diamond respect your online privacy and recognize your need for appropriate protection and management of your personally information that we acquire in your use of our web site. We may collect personal information from you; if we do, you will be expressly asked for it so that you know what information you are providing. We also collect non-personal information, described below.

Non-Personal Information

We use reporting technologies on our web site to record non-personal information such as Internet domain and host names; Internet protocol (IP) addresses; the page you request, your browser software and operating system types; and dates and times that our web site is accessed. We analyze this information for trends and statistics. Our use of tracking technologies allows us to improve our web site and your experience, helps us understand the demographics of our user base, and suggests the sorts of announcements you are likely to have an interest in.

Our web pages utilize “cookies.” A “cookie” is a small text file placed on your computer’s hard drive that allows our web site to recognize you as a prior user, determine which pages you have previously seen, and so on. We also use cookies to deliver content to you that you might be particularly interested in. We cannot determine your identity from our use of cookies. We store the information collected through cookies in our databases. You may be able to configure your browser to notify you if you receive a cookie, to block cookies, or to remove cookies from your computer. However if you do so, it will be more difficult for you to navigate our web site.

These technologies are not designed to identify you. It may be possible to identify you and your online actions with the use cookies and IP addresses, but only in conjunction with personal information you have voluntarily provided to us.

Protection of Personal Information

We restrict access to the personal information we have collected from or about you, as described above, to those employees who need to know the information to provide products and services to you. We maintain physical, electronic and procedural safeguards to guard your personal information.

Despite our use of commercially reasonable efforts to protect your personal information from unauthorized access or disclosure, the internet is not an inherently secure environment and so we cannot guarantee the security of your personal information. We assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control.

Use of Personal Information

We collect personal information when you sign up to receive newsletters that we publish, request information regarding an event we sponsor, and otherwise as needed to fulfill your requests for information, products, and services, and to contact you. When we collect this information, you will know it because you will need to submit this information to us in order to receive the information, product, or service you requested. We use personal information primarily for our own internal purposes, such as evaluating what aspects of the web site need improvement, fulfilling your requests for information, products, or services, and communicating with you.

Disclosure of Personal Information

We do not rent or sell any personal information we collect from or about you. Period.

Likewise, we do not transfer personal information to third parties for their use as a mailing list or for other advertising purposes.

We will, however, disclose your personal information as required by law and may also be required to disclose your personal information to governmental or regulatory entities in response to regulatory inquiries in connection with investigations or to comply with applicable law, rules, regulations, orders subpoenas, or other legal processes.

Access, Accuracy and Deletion of Data

Upon your written request, we will allow you to review any of your personal information that you disclosed to us, except for any personal information that we collect in connection with or in anticipation of any claim or legal proceeding. If you discover any inaccuracy, please let us know so that we can make whatever corrections are appropriate.

We keep personal information for an unlimited time period. However you can ask us to delete your personal information from our databases, and if you do that we will comply as soon as practicable.


Our web site is not designed for children, and we do not seek to collect any information from any person under the age of 18.

Our Committment

Protecting your privacy online is an evolving area, and our web site is constantly evolving to meet these demands. We therefore reserve the right to modify this privacy policy at any time. Notice of any modifications to this privacy policy will be posted on the web site. Your continued use of our web site after we notify you of changes to this statement or post a modified privacy policy on this web site will constitute your acceptance of those modifications.