DISCLAIMERS
DISCLAIMERS
This policy was last modified on July 11, 2024.
DEPOSIT & PAYMENTS DISCLAIMER
All fees and payments for a Black Diamond Maine Coon cat/kitten are non-refundable and are applicable towards the purchase of any available Black Diamond kitten of any available litter. We accept payments most commonly through Zelle, Venmo, or via Cashapp. No Cashier’s Checks, No Credit Cards or Cash.
PRIVACY DISCLAIMER:
All information provided on our applications and on this site are confidential and will not be used for anything aside from verification and identification purposes in the process of application and ownership of a Maine Coon kitten with Black Diamond Maine Coons. Refer to our Privacy Policy here.
GO HOME DISCLAIMER
Our kittens tend to be very brave when they come home, so be sure to supervise the kitten any time they are out during this transition period, it is especially important to note that you must watch them around your children. Our kittens are great with children, and that can sometimes be an issue. Maine Coon Kittens are big but they are still fragile; so it is extremely important to watch how you, your family, and your guests handle your new Black Diamond kitten. Our kittens are also extremely brave and active when they are young. This can be extremely fun but we again must stress close precautions and supervision be taken with your new Black Diamond kitten.
KITTEN/CAT CONTRACT DISCLAIMERS
The purpose of our contracts is to protect all parties: the purchaser, the seller, and the cat or kitten. If there are any problems, questions, concerns, or issues that you need help with, Black Diamond Maine Coons (Black Diamond) is always here. We want the adoptive parent(s) and/or family to be completely happy with the new kitten and his or her transition to the new home. Transitioning is easy for some kittens but more difficult for others, and kittens/cats handle stress in various ways. If there are ANY issues, please call Black Diamond Maine Coons, who will provide you with all the help she can to make this time easier for the new parents and the kitten.
BUYER CONTRACT DISCLAIMERS
Under NO circumstances shall a Black Diamond kitten/cat be permitted to live outdoors.
Under NO circumstances shall our kittens be de-clawed. Declawing is amputation and is often the cause of litter box problems (“inappropriate elimination”). This can lead to abuse or abandonment of the cat/kitten, a risk that the breeder is not willing to take. The purchaser agrees to, under no circumstances, allow the cat to be declawed.
Buyer agrees to care for this kitten by providing adequate indoor facilities: to maintain proper nutrition, to get the cat/kitten normal yearly vet checks with a licensed veterinarian and if deemed necessary, prompt medical attention.
Buyer agrees that if a cat/kitten is to be resold/relocated the breeder has the first option to buy back the cat/kitten for an amount no greater than the original purchase price. If ownership does change with breeder’s permission, the purchaser will inform the new owner of the agreements on this contract and the new owner will be expected to honor the same terms and conditions. There is no buy back option for a spayed/neutered cat but we the breeder will assist in finding the cat a new home if needed.
Buyer agrees to raise the cat/kitten in house conditions, providing a high-grade food and timely veterinary service. The buyer guarantees that this pet will not be sold, leased, or transferred kin shops for pets, shelter for pets, or research laboratories. Sale to a different owner is possible, only from written consent from the breeder.
The buyer will provide the Breeder with a photo of the cat if asked by the Breeder, Breeder may not request more than once a month. This photo is to accurately portray and represent the most current physical condition and appearance of the cat. Buyer agrees that wellness checks may be conducted by the breeder to ensure the current physical condition of the cat. The purchaser agrees to remain in contact with the breeder for the remainder of the cat’s life. Forms of contact that must be kept up to date with the breeder are the following: Home Address (where your Maine Coon is kept/ the home your family lives in the majority of that year), phone Number (your current personal cell phone number). Failure to adhere to these terms for the life of the cat, breeder will enforce breach of contract for the maximum dollar amount.
Buyer will not use cat for any illegals purposes, whatsoever.
Buyer agrees that any form of violation of the terms of our contract may result in the surrender of said cat/kitten, and registration/pedigree papers, to expect no reimbursement of purchase price, deposit, or expenses incurred, and purchaser may be subject to monetary damages to breeder. Purchaser agrees that any court/legal action brought forth by buyer or breeder will be filed/held in Arizona, United States and buyer will assume responsibility for their court costs.
HEALTH GUARANTEE DISCLAIMER
The breeder will provide purchasers with vaccination records documenting vaccinations, deworming, etc. The breeder guarantees the kitten to be in good health at the time of purchase for a period of 3 years. It will be the responsibility of the purchaser to have the kitten examined by a veterinarian within 48 hours of receiving their kitten. Within that 3 year period, if during this time period Breeder is notified by Purchaser of a genetic health problem which is proven to have existed at the time of sale, breeder will replace with the next available kitten of the next available litter (breeder’s option) upon receipt of said cat/kitten. Any papers provided (i.e. registration, and pedigrees) and a veterinarian’s written statement of the health problem. Breeder does not accept the responsibility of any vet bills unless written authorization.
HANDMADE PRODUCT DISCLAIMER
Finding beauty in imperfection
Please understand that all our products are handmade, and even though artisans make every effort to create only the best, natural blemishes and imperfections are what make each piece unique, captivating and rich in stunning details.
Colors and materials from natural dyes behave differently and although we offer several products of the same style, there are inconsistencies based on the creative nature, making each item look slightly different from the next.
Our items are produced at artisans home-workshops or community collectives and the process is genuine and full of dedication and care. Since these are traditional techniques passed on from generation to generation, artisans inherit a unique set of skills that stands out.
Any item you purchase is one of a kind. There are no two identical items in our shop, and even if the fabric is from the same dye lot, the unique arrangement of colors and choice of patterns will always make each item beautiful on its own.
PRODUCT COLOR DISCLAIMER
Actual colors may vary due to monitor and browser settings, digital photography, and dye variations. We are very careful to ensure our photos are as accurate as possible, but please understand the actual color may vary slightly from your screen.
Also don’t mistake the color name to be what you may think that color should be. For example, just because a color may have the name Peach, does not mean it will necessarily look like what most people would consider to be a Peach color.
We cannot guarantee that the color you see accurately portrays the true color of the product, however, we do accept returns if you’re not 100% satisfied with your order. Check out Our Return Policy
PET TOYS — DISCLAIMER AND WAIVER OF LIABILITY:
In no event shall (BDMCOS LLC) be liable for any direct, indirect, punitive, incidental, special, or consequential damages whatsoever arising out of or connected with the use or misuse of any pet toy purchased herein. You agree and acknowledge that any product purchased should be used at your own risk and you should assess the risks individual to your pet before purchasing any product or using any product with or on your pet. You agree that in the event that BDMCOS LLC is deemed liable for any harm caused, the amount which it shall be liable to you shall be limited to the cost of the product. In no event should you allow your pet to use this product unattended, nor should you leave any children unattended in the presence of this product as it may present a choking hazard.
PRODUCT DISCLAIMER: SAFETY
When broken, the rod of a AwfulLotOfCatNip© pet toy can splinter. When this happens, the rod/stick should be carefully broken or folded into roughly 2-3″ segments and placed in the garbage. The splinters are fibrous so care should be taken.
We do not provide any guarantees on product safety, but our pet toys were designed with safety in mind. If you think about the product design, you will see that the omission of strings (in the AwfulLotOfCatNip© CatNip Pack) and absence of stiff plastic, harmful glues or graphite rods makes for a much safer pet product than many other pet toys currently on the market.
As always, play responsibly and put safety first!
Here is the legal disclosure:
PET TOYS — LEGAL DISCLOSURE
We do not offer guarantee or warranty regarding performance and safety of DiamondClubByBlackDiamond© and AwfulLotOfCatNip© pet toys nor any affiliate products. And our affiliates don’t offer any guarantees either.
We feel that our products are fun and safe. We will not be held responsible in any way for the misuse of our products nor any stupidity on the part of the operator.
If you find that your product is defective, please report the problem by emailing us at [email protected].
In addition, our company shall not be liable for any kind of damage, whether direct or indirect, resulting from use of the information or products provided by this Site.
ENTIRE AGREEMENT AND ADMISSIBILITY
This agreement and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and BDMCOS, LLC., with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
SEVERABILITY
Except as otherwise provided herein, if any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place.
DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
THE SITE AND THE CONTENT CONTAINED IN AND DISSEMINATED FROM THE SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE (ALL OF SUCH IMPLIED WARRANTIES AND REPRESENTATIONS BEING HEREBY EXPRESSLY DISCLAIMED). YOU ASSUME THE ENTIRE RISK (i) AS TO YOUR ACCESS TO AND USE OF THE SITE, AND YOUR SELECTION AND USE OF ANY CONTENT OBTAINED THROUGH OR FROM THE SITE; AND (ii) THAT THE SITE AND/OR THE CONTENT WILL MEET YOUR REQUIREMENTS, BE ACCURATE OR RELIABLE, HAVE ANY LEVEL OF QUALITY OR MEET YOUR EXPECTATIONS. BDMCOS LLC MAKES NO WARRANTY OR REPRESENTATION THAT YOUR ACCESS TO AND USE OF THE SITE OR THE CONTENT WILL BE UNINTERRUPTED, VIRUS FREE, ERROR-FREE OR COMPLETELY SECURE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM HARDWARE OR SOFTWARE, OR FOR ANY LOSS OF DATA OR OTHER DAMAGES, RELATING TO YOUR USE OF THE SITE OR THE SITE OR CONTENT. NO ADVICE, INFORMATION OR CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM, THROUGH OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE CONTENT, WILL CREATE OR PROVIDE ANY WARRANTY OR REPRESENTATION ON THE PART OF BLACK DIAMOND OR ANY OF THE BLACK DIAMOND MAINE COONS PARTIES (AS HEREINAFTER DEFINED).
TERMS
TERMS OF USE
This policy was last modified on July 11, 2024.
The website you have entered (its sub-domains, affiliated websites, any mobile versions, and any services available therefrom) (the “Site”) is a copyrighted work owned and operated by BDMCOS LLC; Black Diamond Maine Coons; and its subsidiaries, parents, and affiliates (“Black Diamond,” ”by Black Diamond” “we” or “us”).
BY ACCESSING OR USING THE SITE, YOU HEREBY AFFIRM THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”). THESE TERMS TOGETHER WITH THE PRIVACY POLICY (LOCATED HERE) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BDMCOS LLC.
IF YOU ARE UNDER 18 YEARS OLD, YOUR PARENT OR LEGAL GUARDIAN MUST READ, UNDERSTAND, AND AGREE TO THESE TERMS ON YOUR BEHALF PRIOR TO YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OR HAVE NOT OBTAINED YOUR PARENT OR LEGAL GUARDIAN’S CONSENT TO AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE. IN NO EVENT MAY YOU USE THIS SITE IF YOU ARE UNDER THE AGE OF 13.
YOUR USE OF THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS.
CHANGES TO THE SITE OR TERMS
Black Diamond Maine Coons reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) at its sole discretion with or without notice to you. You agree that BDMCOS LLC will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof. Black Diamond Maine Coons further reserves the right, at any time, to revise these Terms or to impose new terms and conditions with respect to access or use of the Site, the Content, or any other matter, in its sole discretion. Any modification to the Terms shall become effective when posted. ANY ACCESS OR USE OF THIS SITE OR ANY CONTENT BY YOU AFTER THE POSTING OF THE REVISED TERMS SHALL CONSTITUTE YOUR AGREEMENT TO SUCH REVISED TERMS. No modification to these Terms shall be valid or enforceable against Black Diamond Maine Coons unless expressly agreed to by BDMCOS LLC in a writing signed by a duly authorized officer of Black Diamond Maine Coons.
TERM AND TERMINATION
These Terms will remain in full force and effect while you use the Site. Black Diamond Maine Coons may terminate these Terms or discontinue operation of the Site without notice to you, at any time and for any reason, in our sole discretion, without liability, including but not limited to if you breach any of these Terms. In the event of termination of these Terms with respect to you, you will no longer be authorized to access or use the Site or any Content.
In the event of a termination of these Terms or termination of your access to and use of the Site, Sections 3 through 14 of these Terms shall survive and continue in full force and effect. Further, all rights granted by you shall remain in full force and effect and Black Diamond Maine Coons shall be permitted, but shall not have any obligation, to delete any of your personal data collected in the operation of the Site unless otherwise required by law.
SITE LICENSE; SITE CONTENT
License. Subject to these Terms, BDMCOS LLC grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, non-commercial use. Unauthorized access to or use of the Site or the Content is a breach of these Terms and may be a violation of law.
Site Content. Unless specifically permitted herein, no information, materials, files, videos, or other content (collectively “Content”) comprising, contained in or distributed through the Site may be reproduced in any form or used by you without the prior written consent of Black Diamond Maine Coons. The Site and the Content found therein are the property of BDMCOS LLC, its licensees and/or licensors. The Site and the Content are protected by copyright laws and international treaty provisions. You acknowledge that Black Diamond Maine Coons or its clients, business partners, licensees or licensors (as applicable) own and shall retain the exclusive right, title and ownership in and to all copyrights, trade secrets, trademarks and other intellectual property and proprietary rights in the Site and all Content. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of the Site or any of the Content. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, disassemble, decompile, attempt to obtain the source code of, grant a security interest in, publicly perform, publicly display, transfer or exploit the Site, the Content, any technology or software relating thereto, or any portion of any of the foregoing. All copyright, trademark, or other proprietary notices on the Site or any Content must be retained and displayed at all times.
DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
THE SITE AND THE CONTENT CONTAINED IN AND DISSEMINATED FROM THE SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE (ALL OF SUCH IMPLIED WARRANTIES AND REPRESENTATIONS BEING HEREBY EXPRESSLY DISCLAIMED). YOU ASSUME THE ENTIRE RISK (i) AS TO YOUR ACCESS TO AND USE OF THE SITE, AND YOUR SELECTION AND USE OF ANY CONTENT OBTAINED THROUGH OR FROM THE SITE; AND (ii) THAT THE SITE AND/OR THE CONTENT WILL MEET YOUR REQUIREMENTS, BE ACCURATE OR RELIABLE, HAVE ANY LEVEL OF QUALITY OR MEET YOUR EXPECTATIONS. BDMCOS LLC MAKES NO WARRANTY OR REPRESENTATION THAT YOUR ACCESS TO AND USE OF THE SITE OR THE CONTENT WILL BE UNINTERRUPTED, VIRUS FREE, ERROR-FREE OR COMPLETELY SECURE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM HARDWARE OR SOFTWARE, OR FOR ANY LOSS OF DATA OR OTHER DAMAGES, RELATING TO YOUR USE OF THE SITE OR THE SITE OR CONTENT. NO ADVICE, INFORMATION OR CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM, THROUGH OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE CONTENT, WILL CREATE OR PROVIDE ANY WARRANTY OR REPRESENTATION ON THE PART OF BLACK DIAMOND OR ANY OF THE BLACK DIAMOND MAINE COONS PARTIES (AS HEREINAFTER DEFINED).
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, the liability of BDMCOS LLC shall be limited to the greatest extent permitted by applicable law.
USER CONDUCT; PROHIBITED ACTIVITIES
You agree that you shall not post, publish, submit or otherwise disseminate through the Site any content or other information:
that is known by you to be false, inaccurate or misleading;
that violates, infringes or misappropriates any third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity or other intellectual property or proprietary right;
that violates any law, statute, regulation, rule or ordinance (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
that is, or may reasonably be considered to be, defamatory, libelous, hateful, profane, abusive, racially, religiously, or otherwise biased or offensive, unlawfully threatening or unlawfully harassing to any individual or entity, or otherwise contains foul language;
that contains any computer viruses, worms or other potentially damaging computer programs or files
In addition to the foregoing, you agree not to:
Download or upload any content or material that you know or reasonably should know cannot be legally obtained in such manner;
Restrict or inhibit any other user from using and enjoying any area within the Site;
Collect or store personal information about other users of the Site, or submit personal data on the Site without their express permission and authority to do so;
Attempt to access or use the Site or the Content after your access or use has been terminated;
Affect the way the Site displays Content (including any pages contained therein) other than through adjustments to your browser or display settings to facilitate your personal viewing of the Site;
Use any automated means to access or use the Site or to collect any Content contained therein;
Modify or create variant versions of the Black Diamond Maine Coons name, trademark or logos;
Interfere with or disrupt the Site or the infrastructure;
Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site or to manipulate your presence on the Site;
Take any action that imposes an unreasonably or disproportionately large load on the Site or its infrastructure;
Engage in any acts or omissions that could constitute a violation of applicable laws, statutes, regulations, rules or ordinances.
You agree to notify us if you suspect any activity in violation of these Terms and cooperate with our investigation of such violation.
THIRD-PARTY LINKS
The Site may contain links to third-party websites and services for third parties (collectively, “Third-Party Links”). Such Third-Party Links are not under the control of Black Diamond, and Black Diamond is not responsible for any Third-Party Links. Black Diamond provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. Your interaction with all Third-Party Links is at your own risk. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
COPYRIGHT AND TRADEMARK INFORMATION
© BDMCOS, LLC 2024. All rights reserved.
Your use of any trademarks, service marks, branding, logos, and designs owned or licensed by Black Diamond Maine Coons, its affiliates, or any of its clients is prohibited without the prior written consent of Black Diamond or the consent of the third party that owns the trademark.
PRIVACY
Certain information collected from you or about you in the course of your using the Site is subject to our Privacy Policy (located HERE), which is incorporated into these Terms by reference and may be revised from time to time as provided therein. You acknowledge, agree and consent to the information collection, distribution and other terms, conditions and matters set forth in the Privacy Policy.
NOTIFICATIONS
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through email, if you have previously provided your email address to us. If you do not provide us with accurate information, we cannot be held liable if you do not receive notice.
GOVERNING LAW AND JURISDICTION
The Site is controlled and managed by Black Diamond Maine Coons from its offices in the United States and is targeted to the United States. These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without reference to its conflicts of laws principles. By using the Site, you submit to the exclusive jurisdiction of and venue in the Federal District Court of Arizona (Phoenix) and the Supreme Court of the State of Arizona for (Phoenix) to resolve any dispute arising out of or in connection with these Terms, the Site or the Content, and waive any objections thereto including those of inconvenient forum or similar defenses.
You must not use the Site or the Content in countries where it is restricted, prohibited or limited by local law, regulations, codes or customs. BDMCOS LLC makes no warranty or representation that the Site or the Content is appropriate or available for use in locations outside the United States.
USERS OUTSIDE OF THE UNITED STATES
If you (a) are using the Site from a country embargoed by the United States, (b) are on the United States Treasury Department’s list of “Specially Designated Nationals,” or (c) are on the U.S. Commerce Department’s Table of Deny Orders, you agree that you will not conduct any commercial activities using or through the Site and will not otherwise use the Site or any related services in violation of United States export control laws or regulations.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BDMCOS LLC AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, TRUSTEES, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, IDENTIFIED SITE SPONSORS, OR REPRESENTATIVES (ALL OF THE FOREGOING, COLLECTIVELY, THE “BLACK DIAMOND PARTIES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PERSONAL OR BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PERSONAL OR BUSINESS INFORMATION, OR OTHER LOSS OR DAMAGE) ARISING OUT OF OR RELATED TO THESE TERMS OR ARISING OUT OF THE ACCESS OR USE, OR INABILITY TO ACCESS OR USE THE SITE AND/OR ITS CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION OR THEORY ASSERTED (E.G., WHETHER IN CONTRACT, TORT OR OTHERWISE). ACCESS TO, AND USE OF, THE SITE AND CONTENT IS AT YOUR OWN RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR LOSS OF DATA RESULTING THEREFROM. IF, NOTWITHSTANDING THE PROVISIONS OF THE TERMS, ANY OF THE VAYNERX PARTIES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED TO YOUR ACCESS TO OR USE OF THE SITE, THE CONTENT OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE BLACK DIAMOND MAINE COONS PARTIES SHALL IN NO EVENT EXCEED $100 USD. YOU AGREE TO USE YOUR BEST EFFORTS TO MITIGATE ANY DAMAGES OR LOSSES YOU MAY SUFFER IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, parts of the above limitation may not apply to you. In such jurisdictions, the liability of BDMCOS LLC shall be limited to the greatest extent permitted by applicable law. Check your local laws for any restrictions or limitations regarding the limitation of liability for consequential or incidental damages.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Black Diamond Maine Coons, its affiliates, licensees, vendors, partners, identified Site sponsors, and each of their respective directors, officers, members, managers, employees, agents and representatives from and against any and all claims, actions, losses, damages, liabilities, judgments, settlements, costs and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising out of or relating to (a) your breach of these Terms or any applicable laws or regulations, (b) your access to or use of the Site and/or the Content, (c) your violation, breach or misappropriation of a third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity, or other intellectual property, proprietary or other right, (d) your tortious acts including, without limitation, defamation, and/or (e) any claims you may raise against third parties relating to third party products or services. We reserve the right to assume, at our expense, the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. If we assume such defense, we will be responsible solely for our legal fees in connection with such defense and all other losses, damages, liabilities, judgments, settlements, costs and expenses shall be your sole responsibility.
MISCELLANEOUS
These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
If you have questions or comments, please contact us at: [email protected]
OPERATING
OPERATING STANDARDS
This policy was last modified on July 11, 2024.
BDMCOS, LLC., and its affiliates and subsidiaries (collectively referred to herein as “Black Diamond” or the “Company”) is dedicated to global citizenship and sustainability, and we expect the factories, subcontractors, distributors, manufacturers, business partners, service providers, suppliers and agents who are affiliated with the production of Black Diamond Maine Coons goods (collectively, “Suppliers”) to share in these commitments. Black Diamond does not own the factories making its products or employ the employees in those factories, so it is essential that our Suppliers assume direct responsibility for protecting the environment and championing better lives for their employees. To that end, we require all Suppliers to observe certain operational standards set forth herein (“Standards”) for a safe, sustainable, inclusive, and ethical workplace that embraces a fundamental effort toward continuous improvement.
LEGAL AND ETHICAL STANDARDS
We expect our Suppliers to observe all applicable local and national laws as well as international regulations and standards in the operation of their business. While we recognize the different legal and cultural environments in which Suppliers operate, we expect them to align with our Standards even when they offer greater protections than those imposed by local, regional, and national laws.
Anti-Bribery/Conflict of Interest – Suppliers must not engage in offering or accepting compensation of any value (such as gifts, discounts, services, loans, payments), either directly or indirectly, to or from any of the Company’s employees, service providers or to any government or political officials, to obtain an unfair or improper advantage. Suppliers shall also avoid any form of fraud or any action that creates, or appears to create, a conflict of interest with the Company.
Subcontracting – Suppliers are prohibited from subcontracting with unapproved suppliers for manufacturing or services and are responsible for ensuring that their subcontractors are held accountable to these Standards. Suppliers are only permitted to use homework with prior written consent and approval by the Company.
International Trade Compliance – Suppliers must comply with all applicable international laws relating to the import and export of products and are expected to participate in the Company’s Supply Chain Security program.
Transparent Record Keeping – Suppliers must maintain and make immediately available for inspection accurate records.
LABOR, HUMAN RIGHTS & SAFETY
Employment Relationships & Responsible Recruitment – Circumventing national or local laws to avoid regular employee entitlements such as benefits, wages or other legal obligations is prohibited. Suppliers will ensure no fee recruitment, no withholding of work/travel documents, and no restrictions on freedom of movement. When applicable, Suppliers will inform their employees of the basic terms of their employment before leaving home.
Wages and Benefits – Suppliers’ wage and benefit policies must be consistent with and comply with all laws regulating local wages, overtime compensation, and legally mandated benefits. Wages must also be paid timely and include a wage calculation for each pay period, as provided for under applicable law. Suppliers should provide compensation that is sufficient to meet workers’ basic needs and provide some discretionary income. If compensation does not meet workers’ basic needs and provide some discretionary income, Suppliers should work with Black Diamond to make improvements to progressively realize a level of compensation that does meet these standards.
Working Hours – All regular and overtime hours must be voluntary and in accordance with national laws. Under ordinary business circumstances, employees must not be required to work excessive working hours and overtime and have at least one day off in seven.
Health & Safety – Suppliers will ensure that their employees are provided a safe and healthy work environment and are not subject to unsanitary or hazardous living or working conditions. Supplier-provided housing facilities shall be in a separate building. Every Supplier must obtain, maintain, and comply with all safety and health permits, including but not limited to, an obligation to ensure building integrity and fire safety with regularly scheduled emergency practice evacuations and frequent inspection of exit doors for proper emergency use.
No Child Labor – Use of child labor is prohibited (employees under the age of 16). Supplier employees between the ages of 16 and 18 must not be subject to night and/or hazardous work.
Freedom of Association & Collective Bargaining – Suppliers should permit their employees the right to associate with others, form and join (or choose not to join) organizations of their choice, and bargain collectively in accordance with applicable law, without risk of discrimination, harassment, interference, or retaliation, subject to applicable domestic law and practice. Where the right to freedom of association and collective bargaining is restricted under law, the Supplier must engage in their best efforts to otherwise comply with these principles.
Voluntary Employment – Suppliers are prohibited from working with or arranging for purchase of any materials or services that supports or utilizes forced, indentured, bonded, or compulsory labor obtained through human trafficking, coercion, or slavery.
Respect & Fairness – Suppliers must maintain a workplace free of discrimination, harassment, abuse and retaliation, and treat their employees with respect and dignity. Engaging in or tolerating physical, racial, sexual, psychological or verbal harassment, coercion, punishment or abuse is strictly prohibited.
No Discrimination – Suppliers must forbid discrimination in employment practices, including recruitment, hiring, compensation, training, benefits, advancement, promotion, discipline, termination or retirement, on the basis of gender, race, religion, age, disability, sexual orientation, nationality, pregnancy, marital status, gender identity or expression, genetic information, trade union status or activity, disability, social group, ethnic origin, caste or any other personal characteristics, beliefs or other status protected by applicable law. Suppliers must share our commitment to principles and practices that prioritize diversity, equity, and inclusion. Suppliers must ensure equal pay for all, including benefits, equal treatment, equal review of performance and equal opportunity for promotion. Special attention should be paid to marginalized groups (such as women).
ENVIRONMENTAL AND ANIMAL WELFARE
Environmental Compliance – Suppliers must conduct their operations consistent with applicable environmental laws and best practices. Suppliers will maintain and comply with current environmental licenses and permits in the locale of operation. Suppliers shall also operate and source product in such a manner that respects the environment and local communities, with particular concern to avoid deforestation, pollution, habitat loss and rising greenhouse gas emissions.
Wastewater, Waste Management, & Chemical Management – Suppliers should strive to use water efficiently, minimize waste, and properly dispose of hazardous and non-hazardous waste. Suppliers shall comply with product safety restrictions and prohibitions of hazardous substances in the markets of product distribution.
Animal Sourcing Principles – Suppliers must embrace a fundamental concern for animal welfare and share our commitment to principles, practices, and regulations that require animals in our supply chain to be treated ethically and humanely.
Management and Effective Grievance Mechanisms
Management – Compliance with these Standards and the terms of the Vendor Compliance Packet is subject to ongoing review by Black Diamond and third-party auditors. For these purposes, Black Diamond expects Suppliers to be transparent, maintain proper records, and provide prompt access to facilities, records, and their employees upon request. Black Diamond also expects Suppliers to perform periodic audits of their suppliers and subcontractors’ facilities and operations to ensure equal compliance with these Standards.
Grievance Mechanism – Suppliers shall provide their employees with an effective grievance mechanism to report workplace concerns or violations of these Standards to management confidentially and anonymously, without the fear of retaliation.
Suppliers will maintain policies, systems, processes, and training for grievance procedures and tracking to ensure a timely response to the employee that will also be subject to on-going review by Black Diamond and third- party auditors.
TRANSPARENCY
UK AND CALIFORNIA TRANSPARENCY ACT
This policy was last modified on July 11, 2024.
BlackDiamondMaineCoons® and its affiliates and subsidiaries (including DiamondClubByBlackDiamond© and AwfulLotOfCatNip©), has built its brand around the production of high-quality handmade products, from apparel and home furnishings to cat toys and accessories, and its commitment to conducting business according to the highest ethical and legal standards.
We require all suppliers, factories, and contractors to adhere to our Operating Guidelines which set forth our business, legal, and ethical expectations and standards in the following areas: occupational health and safety, fair wages and benefits, work hours, transparent record-keeping practices, freedom of association, sub-contracting, customs compliance, product safety, conflicts of interest, anti-bribery, environmental sustainability, and prohibitions on child labor, forced labor, prison labor, discrimination, and harassment. In addition to our Operating Guidelines, our Foreign Migrant Workers Policy mandates ethical recruitment practices, including mandatory local language employment contracts, and the prohibition of worker-paid fees and end of contract travel expenses.
BDMCOS, LLC., supports the California Transparency in Supply Chains Act of 2010 and the UK 2015 Modern Slavery Act.
BDMCOS, LLC., requires all of its suppliers to prohibit the hiring of slave labor and prevent practices that could contribute to human trafficking.
To eradicate slavery and human trafficking from our supply chain, we:
verify product supply chains using third-party auditors to ensure that our product supply chains are compliant with our Operating Guidelines and all applicable laws and regulations prohibiting slave labor and human trafficking;
conduct independent audits of our suppliers to evaluate their compliance with our Operating Guidelines and all applicable laws and regulations prohibiting slave labor and human trafficking;
require certification by our suppliers that materials incorporated into our products comply with our Operating Guidelines and all applicable laws and regulations prohibiting slave labor and human trafficking in countries where our suppliers are doing business;
maintain internal accountability standards and procedures for employees and contractors failing to meet our Operating Guidelines prohibiting slave labor and human trafficking;
and provide training for our supply chain executives and employees on the prevention of human trafficking and slave labor.
Black Diamond Maine Coons’ reputation for product excellence begins in our suppliers’ facilities.
PRIVACY
PRIVACY POLICY
This policy was last modified on July 11, 2024.
This privacy policy (this “Privacy Policy“) describes how we collect, use, and share data that we obtain through your use of the Internet sites, applications, and online services (the “Site“) operated by, controlled by, or affiliated with BDMCOS, LLC, and certain subsidiaries, affiliates, and entities that it controls, including © Black Diamond Maine Coons, © Awfullotofcatnip, © Diamond Club by Black Diamond, (collectively, “Black Diamond,” “by Black Diamond” “Diamond Club” “we,” “us,” or “our“). If you are a resident of California, please review our California Privacy Policy for additional disclosures required by California law. If you are a resident of the European Union, please review our EU Privacy Policy for additional information relating to your rights.
By using the Site, you agree to the practices described in this Privacy Policy and any updates posted here from time to time. To make sure you stay informed of all changes, you should check this Privacy Policy periodically. Updates will be referenced by the “Last Modified” date shown above.
Table of Contents
Collection of Data
Use of Collected Data
Third-Party Websites
Sharing of Collected Data
Transfer of Collected Data
Data Security
Data Retention
Children and Parents
Our “Do Not Track” (DNT) Policy
Your Data Preferences
California Privacy Policy
EU Privacy Policy
Contact Us
COLLECTION OF DATA
We collect data from you in several different ways on the Site, including personal data and data about your use of the Site which does not identify you personally. Personal data means information, or combination of information, that can reasonably be used to identify you personally (such as your name, phone number, address, and email address).
We collect personal data that you voluntarily provide to us.
We collect personal data that you voluntarily provide to us (such as when you submit an inquiry), including name, email address, and any other data you choose to provide.
We automatically collect data about your use of the Site.
When you access and use the Site, our technology and tools may automatically collect and record certain data about your use of and interaction with the Site that does not identify you personally (such as your IP address, browser type, the make and model of device used to view the Site, unique device identifiers, the referring webpage, pages visited, and search terms).
We also use various tracking technologies (such as cookies and pixel tags) to collect data about your use of and access to the Site. Cookies are small data files stored on your hard drive or in device memory by websites you visit, applications you use, or advertisements you view and help us improve the Site and your experience on the Site. Pixel tags are electronic images that generate a generic notice of a visit to the Site and are used in conjunction with cookies to anonymously track activity on the Site by a particular browser.
Third parties may also automatically collect data about you.
Some content on the Site may be served by third-party content providers and may also use cookies, pixels tags, or other similar tracking technologies to automatically collect data about you, both on the Site and throughout the Internet. We do not control the technologies of those third parties. Data collection and use by those third parties is subject to the privacy policies of those third parties. It is up to you to review the terms of use and privacy policies of those third parties.
USE OF COLLECTED DATA
We use the data we collect to assist in the administration and operation of the Site and to provide you an efficient, meaningful, and customized experience.
We may use data to:
Fulfill our obligations with respect to the reason you voluntarily provided the data (such as responding to an inquiry);
Allow you to participate in certain features of the Site;
Improve the Site or our products, events, and services and for other business or commercial purposes;
Optimize your experience on the Site (such as troubleshooting technical programs or storing your preferences);
Notify you about changes to the Site (including this Privacy Policy);
Carry out any other purpose described to you at the time the data was collected; and
Carry out any other purpose with your consent or as permitted by law
Additionally, we may use data for marketing purposes to:
Provide you with additional information regarding products, events, and services from BDMCOS LLC via email or through advertising on various social media platforms or websites (both desktop and mobile) that you may visit; and
Develop, improve, and target our promotional messaging to you and others via retargeting, online behavioral advertising, and use of social media platform tools for advertising (such as creation of Facebook Lookalike Audiences).
You can learn more about Facebook ads HERE and other types of online advertising HERE.
THIRD-PARTY WEBSITES
Through your use of the Site, you may access, directly or indirectly, other websites or services, including from our service providers, business partners, and other third parties, in each case, that are not owned or controlled by us. Data collection and use by those third parties is subject to the privacy policies of those third parties. It is up to you to review the terms of use and privacy policies of those third parties.
Please note that when you apply for a job with us through our job application portal, the privacy policy of our job applicant processing partner may also apply to the submission of your application information.
SHARING OF COLLECTED DATA
We may share the data we collect as follows:
With our current and future parents, affiliates, subsidiaries, and other companies under common control and ownership;
With our service providers that perform services for us (such as e-mail and mobile marketing, analytics, and web hosting);
With our sponsors or event partners in connection with certain ticketed events;
To comply with a court order or other legal obligation, to enforce the Site terms of use, and to protect the rights, property, or safety of our users and other third parties;
With government or law enforcement officials or private parties (including our legal or other professional advisors) as we determine, in our sole and absolute discretion, is necessary or appropriate to respond to claims or to comply with legal processes, laws, regulations, or ordinances, or to prevent or stop illegal, unethical, or actionable activity;
In connection with, or during negotiations of, any merger, acquisition by another company, or sale of all or substantially all of our business or assets; and
With your consent or at your direction.
TRANSFER OF COLLECTED DATA
The Site is operated in the United States. If you are located in another jurisdiction, please be aware that the data we collect will be transferred to, stored, and processed in the United States. By using the Site and/or providing us with any data, you consent to this transfer, processing, and storage of your data in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside or are a citizen such as the European Union. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Notice. We will take all steps reasonably necessary to ensure that your data is subject to appropriate safeguards and ensure that your data is treated securely and in accordance with this Privacy Policy.
DATA SECURITY
We use commercially reasonable technical and organizational measures to help secure and safeguard your data in our possession. However, no data transmission over the Internet is completely secure and no security mechanism is impenetrable. Therefore, although we take steps to protect your data, we cannot guarantee the security of the data that we collect from you or the security of our servers or the Site. By accessing the Site, any transmission of data is at your own risk and you agree to assume all risk in connection with data sent to us or collected by us.
DATA RETENTION
We retain data only as long as necessary in light of the purpose(s) for which it was originally collected. Please note that we may retain your data for longer periods of time as necessary to comply with our legal obligations or respond to governmental authorities.
CHILDREN AND PARENTS
We respect children’s privacy. We do not target or knowingly or intentionally collect personal data from children under the age of 13. By using the Site, you have represented and warranted that you are either at least 18 years of age or using the Site with the supervision of a parent or guardian. If you are under the age of 13, you may not use the Site. If you become aware that your child has provided us with personal data without your consent, please Contact Us.
OUR “DO NOT TRACK” (DNT) POLICY
Some websites have “do not track” features that allow you to tell a website not to track you. We do not currently respond to those signals or any similar mechanisms transmitted by web browsers. To learn more about DNT and tracking signals, please visit All About DNT.
YOUR DATA PREFERENCES
USE OF COLLECTED DATA
If you no longer want us to use your collected data as described above, please submit a request by emailing [email protected].
COMMUNICATIONS
If you no longer wish to receive communications from Black Diamond Maine Coons, please follow the instructions in the emails to opt-out from receiving such messages in the future or submit a request by emailing [email protected].
COOKIES, PIXEL TAGS, AND OTHER SIMILAR TRACKING TECHNOLOGIES
You may remove or reject cookies by adjusting settings on your browser, and thus opt-out of certain features of the Site and the Site’s automatic collection of certain data. These tracking technology opt-out tools are device and browser specific so you must repeat the opt-out from each of your devices and browsers. Please note that removing or rejecting cookies could affect the functionality of the Site.
You may also remove certain tracking technologies and opt-out of online behavioral advertising messaging by using the opt-out tools available from the Digital Advertising Alliance (DAA Opt-Out Tool) and the Network Advertising Initiative (NAI Opt-Out Tools).
ADVERTISING PREFERENCES
You may adjust your advertising preferences on various social media websites by adjusting your Settings on the particular platform. For example, you may adjust the types of Facebook ads you receive on Facebook and the types of Google ads you receive on Google.
CALIFORNIA PRIVACY POLICY
If you are a resident of California, please review our California Privacy Policy for additional disclosures required by California law.
EU PRIVACY POLICY
If you are a resident of the European Union, please review our EU Privacy Policy for additional information about your rights.
CONTACT US
To submit a request relating to Your Data Preferences, email [email protected]. Please note that requests submitted through the form may be processed more quickly than requests submitted by email.
If you have any questions about this Privacy Policy, please email us at
BDMCOS, LLC.,
Attention: Legal Department; Privacy Policy Inquiry
CA PRIVACY
CA PRIVACY POLICY
This policy was last modified on July 11, 2024.
This California Privacy Policy (this “California Privacy Policy”) supplements the information contained in the [Privacy Policy] of Black Diamond Maine Coons with additional disclosures required by the California Consumer Privacy Act (“CCPA”) and other California privacy laws that apply only to residents of California. Any terms defined in the Privacy Policy or in the CCPA have the same meaning when used in this California Privacy Policy.
By using the Site, you agree to the practices described in this California Privacy Policy and any updates posted here from time to time. To make sure you stay informed of all changes, you should check this California Privacy Policy periodically. Updates will be referenced by the “Last Modified” date shown above.
DEFINITION OF PERSONAL INFORMATION
As defined in the CCPA, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
NOTICE OF COLLECTION OF PERSONAL INFORMATION
We may collect and may have collected in the last 12 months the following categories of Personal Information:
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some Personal Information included in this category may overlap with other categories.
Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Online activity; Internet or other electronic network activity information. Browsing history, search history, and information regarding a consumer’s interaction with a website, application, or advertisement.
PROFESSIONAL OR EMPLOYMENT-RELATED INFORMATION.
Current or past job history or performance evaluations.
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
INFERENCES DRAWN FROM ANY OF THE INFORMATION.
Profile reflecting a consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Please note that the categories and examples listed above are those defined in the CCPA. This does not mean that all examples of that category of Personal Information were in fact collected about every Site visitor, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of Personal Information would only be collected if you provided such Personal Information when applying for a job via the Site, but not if you submitted a general inquiry or just visited the Site.
We collect the categories of Personal Information listed above from the following categories of sources:
Directly from you when you provide it to us.
Indirectly and automatically from your devices. For example, when you visit or interact with the Site.
Directly from our parents, affiliates, subsidiaries, and other companies under common control and ownership.
Directly from our clients or their agents. For example, from documents that our clients provide to us related to the services for which they engage us.
From vendors who provide services to us.
From other third parties. For example, sponsors or event partners in connection with certain ticketed events, social networking providers, and advertising companies.
If you do not want us to collect information from social networks, you should review and adjust your privacy settings on those networks as desired before linking or connecting them to the Site.
USE AND DISCLOSURE OF PERSONAL INFORMATION
We may use and disclose the Personal Information as described in our [Privacy Policy], in Sections 2 and 4, respectively, for business and commercial purposes.
Sale of Personal Information
We DO NOT and WILL NOT sell your Personal Information.
YOUR CALIFORNIA CONSUMER PRIVACY RIGHTS
The CCPA provides residents of California with the following rights regarding their Personal Information:
RIGHT TO KNOW ABOUT PERSONAL INFORMATION COLLECTED OR DISCLOSED
You have the right to request, twice in a 12-month period, that we disclose certain information to you about our collection, use, and disclosure of your Personal Information over the last 12 months. Once we receive and confirm a verifiable consumer request from you, we will disclose to you within the time required by the CCPA, the relevant information.
RIGHT TO REQUEST DELETION OF PERSONAL INFORMATION
You have the right to request that we delete any of your Personal Information that we collected from you and retain, subject to certain exceptions. Once we receive and confirm a verifiable consumer request from you, we will delete (and direct our service providers to delete) your Personal Information from our records within the time required by the CCPA, unless an exception applies.
RIGHT TO OPT-OUT OF THE SALE OF PERSONAL INFORMATION
You have the right to opt-out of the sale of your Personal Information. We do not and will not sell your Personal Information.
RIGHT TO NON-DISCRIMINATION FOR THE EXERCISE OF CONSUMER’S PRIVACY RIGHTS
You have the right not to receive discriminatory treatment by us for the exercise of any of your CCPA rights. We will not discriminate against you for exercising any of your CCPA rights.
EXERCISING YOUR CALIFORNIA PRIVACY RIGHTS
To exercise any of the rights described above, please submit a request by emailing [email protected].
VERIFICATION OF REQUESTS
When you submit your request, we will reasonably verify your identity prior to processing your request to access or delete any Personal Information we may hold about you. You must provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative of that person.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
Making a request does not require you to create an account with us. We will only use Personal Information provided in a request to verify the requestor’s identity or authority to make the request.
MAKING A REQUEST THROUGH AN AUTHORIZED AGENT
You may submit a request through an authorized agent. The agent will need to state that they are acting on your behalf when making the request, have proof of the authority to act on your behalf, and be prepared to provide sufficient Personal Information to enable us to identify you in our records.
CONTACT US
To submit a request relating to our California Privacy Rights, please email us at [email protected]. Please note that requests submitted through the form are processed more quickly than requests submitted by email or mail.
If you have any questions about this California Privacy Policy, please email us at
BDMCOS, LLC
Attention: Legal Department; California Privacy Policy Inquiry
EU PRIVACY
EU PRIVACY POLICY
This policy was last modified on July 11, 2024.
This EU Privacy Policy (this “EU Privacy Policy”) supplements the information contained in the [Privacy Policy] of BDMCOS, LLC., with additional information relating to your rights under the General Data Protection Regulation (“GDPR”) that apply only to residents of the European Union. Any terms defined in the Privacy Policy or in the GDPR have the same meaning when used in this EU Privacy Policy.
By using the Site, you agree to the practices described in this EU Privacy Policy and any updates posted here from time to time. To make sure you stay informed of all changes, you should check this EU Privacy Policy periodically. Updates will be referenced by the “Last Modified” date shown above.
We will only collect and process your personal data in accordance with applicable data protection and privacy laws. If you live in the United States, the data controller for the personal data that you provide or that is collected by Black Diamond Maine Coons or its affiliates is BDMCOS, LLC. If you live outside of the United States, the data controller for the personal data that you provide or that is collected by BDMCOS LLC., or its affiliates is Black Diamond Maine Coons Limited. [email protected]
YOUR GDPR RIGHTS
The GDPR provides residents of the EU with the following rights regarding their personal data:
Right to be informed about the collection and use of your personal data
Right to access your personal data
Right to have any inaccurate personal data corrected
Right to have your personal data erased
Right to restrict use of your personal data
Right to personal data portability
Right to object to the processing of your personal data
Right to object to automated decision making
To exercise any of these rights, please submit a request by completing this [form]. We will respond to any requests within the time required by the GDPR. After you submit your request, you will be sent a confirmation email and need to click on the link provided to confirm your request. Please note that we may need additional information from you to verify your identity before we process your request.
LEGAL BASIS FOR PROCESSING PERSONAL DATA
To the extent you provide us with personal data, we are processing your personal data under one of the following lawful bases:
Consent. By opting-in, you consent to permit us to process your personal data for the purposes set forth in our [Privacy Policy].
Compliance with Legal Obligations. We may process your personal data in order to comply with certain of our legal obligations.
Cookies, Pixel Tags, and Other Similar Tracking Technologies
To the extent required by applicable law, we will obtain your consent before collecting data using cookies, pixel tags, and other similar tracking technologies on the Site. If you have accepted our use of cookies, pixel tags, and other tracking technologies, we will collect your data in accordance with our [Privacy Policy] based on your affirmative informed consent, which you may withdraw through the methods provided herein. If you have not accepted, then we only collect your personal data based on our legitimate interests. To view additional information about behavioral advertising and manage your preferences, you can do so by visiting Your Online Choices.
CONTACT US
To submit a request to exercise Your Rights, please complete this [form]. Please note that requests submitted through the form are processed more quickly than requests submitted by email or mail.
If you have any questions about this EU Privacy Policy, please email us at
BDMCOS, LLC.,
Attention: Legal Department; EU Privacy Policy
Black Diamond Maine Coons Limited
COPYRIGHT
COPYRIGHT POLICY
This policy was last modified on July 11, 2024.
BDMCOS, LLC., respects the rights of copyright holders and accordingly has adopted a policy that provides for the submission of a copyright infringement notice as further described below.
NOTICE OF COPYRIGHT INFRINGEMENT
If you believe in good faith that any content on the blackdiamondmainecoons.com website (the “Site”) infringes your copyright rights, you should send notice of the alleged copyright infringement to the Designated Copyright Agent listed below.
Your notice must contain the following information as required by the Digital Millennium Copyright Act (17 U.S.C. §512) (“DMCA”):
The full name and a physical or electronic signature of the person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by your notice, you may provide a representative list of the copyrighted works that you claim have been infringed;
Reasonably sufficient detail to enable us to identify and locate the copyrighted work that is claimed to be infringing (e.g. a link to the page on the Site that contains the material);
A mailing address, telephone number, and email address where we can contact you;
A statement that you have a good faith belief that the disputed use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; and
A statement made by you, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Please submit your notice to the Designated Agent below:
BDMCOS, LLC.,
ATTN: Legal Department
Email: legal@blackdiamondmainecoons.com
Once you provide us with an adequate notice as described above, we will respond expeditiously and take whatever action, in our sole discretion, that is deemed appropriate including removal of the disputed copyrighted work from the Site.
COUNTER-NOTICE:
If you believe that a DMCA notice of copyright infringement has been improperly submitted against you, you may submit a counter-notice to the Designated Agent with the following information required by the DMCA:
Your physical or electronic signature;
Identification of the copyrighted work that has been removed or to which access has been disabled including a link to the page on the Site that contained the material before it was removed or disabled;
A statement under penalty of perjury that you have a good faith belief that the copyrighted work was removed or disabled as a result of mistake or misidentification;
Your name, address, e-mail address, and telephone number; and
A statement that you (i) consent to the jurisdiction of the Federal District Court in the judicial district where your address is located if the address is in the United States, or the United District Court for the District of Arizona (Phoenix) if your address is located outside of the United States, and (ii) accept service of process from the person who provided the DMCA notice of the alleged copyright infringement.
Please submit your counter-notice to the Designated Agent below:
BDMCOS, LLC.,
ATTN: Legal Department
Email: [email protected]
In the event that Black Diamond Maine Coons receives a counter-notice in compliance with the above requirements, we will provide the person who submitted the DMCA copyright infringement notice with a copy of the counter-notice, informing them that Black Diamond Maine Coons will replace the removed material in 10 business days from the date of the counter-notice unless Black Diamond Maine Coons first receives notice from the person who submitted the DMCA copyright infringement notice that they have filed an action seeking a court order to restrain the allegedly infringing activity.
COPYRIGHTS & TRADEMARKS
All content and images used on this site are for use on this site only. Unauthorized use is prohibited.
BlackDiamondMaineCoons® , DiamondClubByBlackDiamond© and AwfulLotOfCatNip© are copyrighted and registered trademark. This means that any name that could be reasonably mistaken for ours is an infringement.
Nothing contained herein shall be construed as conferring any license or right under any patents, copyrights, trademarks, or other.
PLEASE NOTE THAT BDMCOS, LLC., INTENDS TO COMPLY WITH ALL PROVISIONS OF THE DIGITAL MILLENNIUM COPYRIGHT ACT, BUT WILL NOT UNILATERALLY TAKE RESPONSIBILITY FOR POLICING AND REMOVING MATERIAL THOUGHT TO BE INFRINGING.
ACCESSIBILITY
ACCESSIBILITY POLICY AND MULTI-YEAR ACCESSIBILITY PLAN
This policy was last modified on July 11, 2024.
In compliance with Ontario Regulation 191/11 under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”)
INTRODUCTION
The Integrated Accessibility Standards Regulations (“IASR”) under the AODA require that BDMCOS, LLC., (“Black Diamond Maine Coons”) establish, implement, maintain and document its accessibility policies and multi-year accessibility plan (the “Accessibility Plan”), which outlines Black Diamond Maine Coons’ strategy for preventing and removing barriers for persons with disabilities and to meet our requirements under the IASR and the AODA.
The Accessibility Policy and Multi-Year Accessibility Plan will be publicly available, including in an accessible format upon request. The Accessibility Plan will be reviewed and updated, if applicable, at least once every five years.
APPLICATION
The Accessibility Policy and Multi-Year Accessibility Plan applies to all employees and customers of Black Diamond Maine Coons, and, where indicated, to any independent contractors providing services on behalf of Black Diamond Maine Coons. This policy reflects the company’s obligations as an employer with fewer than 50 employees in Ontario. Should that change, this document will be updated accordingly.
OUR COMMITMENT
In fulfilling our mission, Black Diamond Maine Coons strives to treat all individuals in a manner that allows them to maintain their dignity and independence. BDMCOS, LLC., promotes integration and equal opportunity and is committed to meeting the needs of people with disabilities in a timely manner. We will seek to achieve this by preventing and removing barriers to accessibility and by meeting accessibility requirements under the AODA. This Accessibility Policy and Multi-Year Accessibility Plan sets out Black Diamond Maine Coons’ policy on how we will achieve accessibility generally, as well as in employment, and information and communications.
Under the IASR, the following accessibility strategies set out the requirements that are applicable to Black Diamond Maine Coons:
Training;
Information and Communication;
Employment; and
Design of Public Spaces Standards.
ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE
In accordance with its customer service standard requirements under the IASR, Black Diamond Maine Coons is committed to providing exceptional customer service to all of its customers and clients. For more information, please refer to Black Diamond Maine Coons’ Accessible Customer Service Policy.
ACCESSIBLE EMERGENCY INFORMATION
Black Diamond is committed to providing the customers and clients with publicly available emergency information in an accessible way upon request.
Black Diamond will also provide employees with disabilities with individualized emergency response information when necessary.
Integrated Accessibility Standards Regulations (IASR)
The following sets out how Black Diamond Maine Coons is committed to complying with the IASR.
TRAINING
Black Diamond Maine Coons is committed to providing training on the requirements of the accessibility standards referred to in the IASR and on the Human Rights Code, as it pertains to persons with disabilities.
In accordance with the IASR, Black Diamond will:
determine and ensure that appropriate training on the requirements of the IASR and on the Human Rights Code as it pertains to persons with disabilities, is provided to all employees and volunteers, all other persons providing goods and services on behalf of Black Diamond in Ontario, and persons participating in the development and approval of Black Diamond Maine Coons policies;
ensure training is appropriate to the duties of the persons referenced above;
ensure that the training is provided to persons referenced above as soon as practicable;
keep and maintain a record of the training provided, including the dates that the training was provided and the number of individuals to whom it was provided; and
ensure that training is provided on any changes to Black Diamond’s policies on an ongoing basis.
Required Legislative Compliance: January 1, 2016
INFORMATION AND COMMUNICATION
Black Diamond Maine Coons is committed to making company information and communications accessible to persons with disabilities. Black Diamond will incorporate new accessibility requirements under the information and communication standards to ensure that its information and communications systems and platforms are accessible and are provided, upon request, in accessible formats that meet the needs of persons with disabilities.
FEEDBACK, ACCESSIBLE FORMATS AND COMMUNICATION SUPPORTS
In accordance with the IASR, Black Diamond Maine Coons will:
ensure that existing and new processes for receiving and responding to feedback are accessible to persons with disabilities by providing or arranging for the provision of accessible formats and communication supports, upon request and in a timely manner;
more broadly, as a general principle where accessible formats and communication supports for persons with disabilities are requested:
provide or arrange for the provision of such accessible formats and communication supports;
consult with the person making the request to determine the suitability of the accessible format or communication support;
provide or arrange for the provision of accessible formats and communication supports in a timely manner that takes into account the person’s accessibility needs due to disability, and at a cost no more than the regular cost charged to other persons; and
notify the public about the availability of accessible formats and communication supports.
Legislative Compliance Deadline:
January 1, 2016 – feedback
January 1, 2017 – accessible formats and communication supports.
ACCESSIBLE WEBSITES AND WEB CONTENT
While Black Diamond Maine Coons does not currently have any Ontario-based web sites, in accordance with the IASR, Black Diamond will work toward making any future Ontario-based websites and web content conform with the World Wide Consortium Web Content Accessibility Guidelines (WCAG 2.0) Level AA in the future.
EMPLOYMENT
- Recruitment
Black Diamond Maine Coons is committed to fair and accessible employment recruiting practices that attract and retain employees with disabilities. This includes providing accessibility across all stages of the employment cycle.
In accordance with the IASR, Black Diamond will do the following:
RECRUITMENT GENERAL
Black Diamond Maine Coons will notify employees and the public of the availability of accommodation for applicants with disabilities in the recruitment process. This will include:
review and, as necessary, modification of existing recruitment policies, procedures and processes;
specifying that accommodation is available for applicants with disabilities, on Black Diamond’s website and on job postings; and
RECRUITMENT, ASSESSMENT AND SELECTION
Black Diamond Maine Coons will notify job applicants, when they are individually selected to participate in an assessment or selection process and inform them that accommodations are available upon request in relation to the materials or processes to be used in the assessment/selection process. This will include:
a review and, as necessary, modification of existing recruitment policies, procedures and processes;
inclusion of availability of accommodation notice as part of the script in the scheduling of an interview and/or assessment; and
if a selected applicant requests an accommodation, a consultation with the applicant and arrangement for provision of suitable accommodations in a manner that takes into account the applicant’s accessibility needs due to the disability; and
NOTICE TO SUCCESSFUL APPLICANTS
When making offers of employment, Black Diamond will notify the successful applicant of its policies for accommodating employees with disabilities. This will include:
a review and, as necessary, modification of existing recruitment policies, procedures and processes; and
inclusion of notification of Black Diamond’s policies on accommodating employees with disabilities in offer of employment letters.
Legislative Compliance Deadline: January 1, 2017
INFORMING EMPLOYEES OF SUPPORTS AND GENERAL PROVISION OF ACCESSIBLE FORMATS AND COMMUNICATIONS SUPPORTS
In accordance with the IASR, Black Diamond Maine Coons will inform all employees of policies that support employees with disabilities, including, but not limited to, policies on the provision of job accommodations that take into account an employee’s accessibility needs due to a disability. This will include:
informing current employees and new hires of Black Diamond’s policies supporting employees with disabilities, including, but not limited to, policies on the provision of job accommodations that take into account an employee’s needs due to disability;
providing information as soon as practicable after the new employee begins employment, specifically in the orientation process;
keeping employees up to date on changes to existing policies on job accommodations with respect to disabilities;
where an employee with a disability so requests it, Black Diamond Maine Coons will provide or arrange for provision of suitable accessible formats and communications supports for:
information that is needed in order to perform the employee’s job;
information that is generally available to employees in the workplace; and
in meeting the obligations to provide the information that is set out above, Black Diamond Maine Coons will consult with the requesting employee in determining the suitability of an accessible format or communication support.
Legislative Compliance Deadline: January 1, 2017
DOCUMENTED INDIVIDUAL ACCOMMODATION PLANS/RETURN TO WORK PROCESS
Black Diamond Maine Coons will incorporate new accessibility requirements under the IASR to ensure that barriers in accommodation and return to work processes are eliminated and corporate policies surrounding accommodation and return to work are followed, where applicable.
Black Diamond’s existing policies and practices include steps that Black Diamond Maine Coons will take to accommodate employees with disabilities and to facilitate employees’ return to work after absence due to disability. Black Diamond Maine Coons will review and assess existing policies to ensure that they include steps that Black Diamond will take to accommodate employees with disabilities and to facilitate employees’ return to work after absence due to disability. Black Diamond will also ensure that they include a process for the development of documented individual accommodation plans for employees with disabilities, if such plans are required.
In accordance with the provisions of the IASR, Black Diamond Maine Coons will ensure that the process for the development of documented individual accommodation plans includes the following elements:
information regarding the manner in which the employee requesting accommodation can participate in the development of the plan;
information regarding the means by which the employee is assessed on an individual basis;
information regarding the manner in which Black Diamond Maine Coons can request an evaluation by an outside medical or other expert, at Black Diamond’s expense, to assist Black Diamond Maine Coons in determining if and how accommodation can be achieved;
steps to protect the privacy of the employee’s personal information;
information regarding the frequency with which individual accommodation plans will be reviewed and updated and the manner in which this will be done;
the reasons for a denial if an individual accommodation plan is denied;
information regarding the means of providing the individual accommodation plan in a format that takes into account the employee’s accessibility needs;
the following will be included if individual accommodation plans are established:
any information regarding accessible formats and communication supports that have been provided for or arranged, in order to provide the employee with:
information that is needed in order to perform the employee’s job;
information that is generally available to employees in the workplace; and
identify any other accommodation that is to be provided to the employee.
Black Diamond Maine Coons will ensure that the return to work process as set out in its existing policies outlines:
the steps Black Diamond will take to facilitate the employee’s return to work after a disability-related absence;
the development of a written individualized return to work plan for such employees; and
the use of individual accommodation plans, as discussed above, in the return to work process.
Legislative Compliance Deadline: January 1, 2017
PERFORMANCE MANAGEMENT, CAREER DEVELOPMENT AND REDEPLOYMENT
Black Diamond Maine Coons will take into account the accessibility needs of employees with disabilities, as well as individual accommodation plans:
when using its performance management process in respect of employees with disabilities;
when providing career development and advancement to employees with disabilities; and
when redeploying employees with disabilities.
In accordance with the IASR, the Black Diamond will:
review, assess and, as necessary, modify existing policies, procedures and practices to ensure compliance with the IASR;
take the accessibility needs of employees with disabilities and, as applicable, their individualized accommodation plans, into account when:
assessing performance;
managing career development and advancement; and
redeployment is required.
review, assess and, as necessary, include in performance management workshops, accessibility criteria;
take into account the accessibility needs of employees with disabilities when providing career development and advancement to its employees with disabilities, including notification of the ability to provide accommodations on internal job postings; and
take into account the accessibility needs of employees with disabilities when redeploying employees, including review and, as necessary, modification of employee transfer checklist.
Legislative Compliance Deadline: January 1, 2017
DESIGN OF PUBLIC SPACES
While Black Diamond Maine Coons has no current plans to engage in new construction or significant redevelopment of facilities at present, Black Diamond will meet the Accessibility Standards for all built obligations should any such construction take place in the future.
Black Diamond Maine Coons will put procedures in place to prevent service disruption to its accessible parts of public spaces. In the event of a service disruption, Black Diamond will notify the public of the service disruption and alternatives available.
Legislative Compliance Deadline: January 1, 2018
INFORMATION AND FEEDBACK
For more information on this accessibility plan or to provide feedback, please contact the Global People Practices at:
BDMCOS, LLC.,
Global People Practices (“GPP”)
Email: [email protected]
All feedback, including complaints, will be handled as quickly as possible. We will consider your comments carefully, and you can expect to hear from us within a reasonable period of time. Please understand that some inquiries may take longer to address.
Black Diamond Maine Coons will provide or arrange for accessible formats and communication supports, on request.