Review the comprehensive terms of use governing services by Black Dog Forensics in Texas Review the comprehensive terms of use governing services by Black Dog Forensics in Texas

TERMS OF USE

Last Updated July 1, 2023

Black Dog Forensics, LLC operates the www.bdforensics.com website, (the "Site") which provides information related to services provided by the company. These Terms of Use govern your use of the Site and other digital content services, such as mobile device connectivity. Please read these Terms of Use carefully. Your use of the Site signifies your agreement to these Terms of Use. Separate terms and conditions may apply to other Black Dog Forensics, LLC services or business transactions.

Notice Regarding Dispute Resolution: These Terms of Use contain provisions that govern how claims you and Black Dog Forensics, LLC have against each other are resolved (see Legal Disputes and Arbitration Agreement Section below), including an obligation to arbitrate disputes on an individual basis, which will, subject to limited exceptions, require you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with the Arbitration Section below.

ELECTRONIC COMMUNICATIONS

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may choose to communicate with you by e-mail, text messaging, or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

MOBILE ACCESS & TEXT MESSAGING

Use of Mobile Devices. If you use a mobile device to access the Sites, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites; and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. By accessing or using our Site via a mobile device, you agree to these Terms of Use and to any applicable terms of a mobile app you may use.

General Terms & Disputes. Without limitation our text messaging program is subject to these Terms of Use, which contain provisions that govern how claims you and Black Dog Forensics, LLC have against each other are resolved (see Legal Disputes and Arbitration Agreement Section below), including an obligation to arbitrate disputes on an individual basis, which will, subject to limited exceptions, require you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with the Arbitration Section below.

Opting Out. You can opt out from receiving SMS/MMS text messages by responding STOP to any message you receive in our text messaging program. In either case, you will receive one additional message confirming that your request has been processed.

Your Own Wireless Plan. As always, message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Your Duties for Your Own Phone Number. You represent that you are the account holder for the mobile telephone number that you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for promptly notifying us at privacy@bdforensics.com. Neither we, our vendors, nor any mobile carrier is liable for delayed or undelivered messages. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

Participation Subject to Termination or Change. We may suspend or terminate your receipt of automated messages from us if we believe you are in breach of these Terms of Use. Your receipt of these messages is also subject to termination in the event that your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without notice to you.

PRIVACY

Our "Privacy Policy" governs the collection, use, and disclosure of your personal information. Our Privacy Policy is incorporated into these Terms of Use by this reference. By accessing the Site you agree to the practices described in our Privacy Policy.

MINORS

The Site are not intended for use by anyone under the age of majority in their jurisdiction and you acknowledge that you are fully able and competent to ‎enter into these Terms of Use, conditions, obligations, affirmations, ‎representations, and warranties set forth ‎in these Terms of Use, and to abide by and comply with these Terms of Use. By accessing, using and/or submitting information to or through the Site, you represent that you are at least age 13. Anyone between age thirteen (13) and the age of majority in your jurisdiction may only use the Sites under the supervision of his/her parent or a legal guardian.

USERS AND ACCOUNTS

To use certain features of the Sites, you may need to create an account. If you create an account, you agree you will: (a) create only one account; (b) provide honest, accurate, current and complete information regarding yourself; (c) keep your information updated and accurate; (d) keep your account password private and not share it with others; and (d) notify us if you discover or suspect that your account has been hacked or its security breached.

You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You are responsible for providing the equipment and services that you need to access and use the Site. We do not guarantee that the Site are accessible on any particular equipment or device or with any particular software or service plan.

We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Site or any component of them and to block or prevent future access to and use of the Site and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the Site will survive such termination.

BILLING & PAYMENT

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your account with us. All billing information you provide to us must be truthful and accurate.

Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your services. We reserve the right to refuse or cancel services for any reason. If your service is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your service is canceled or if additional information is required to accept your order.

If you use Apple Pay as a form of payment (when available) for any transaction(s) via our Site, you acknowledge and agree that all such transactions are between you and us only, not with Apple, and Apple is not responsible for any products or services offered by Black Dog Forensics, LLC.

You hereby represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and you are not listed on any U.S. Government list of prohibited or restricted parties.

LIMITED USAGE RIGHTS

The Site is owned by Black Dog Forensics, LLC and licensed to you for your limited use solely to learn about and/or purchase our services. Except as expressly provided in these Terms of Use, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the Site. You may not save or archive a significant portion of the material appearing in or on the Sites. All rights not expressly granted herein are reserved by Black Dog Forensics, LLC.

INTELLECTUAL PROPERTY

Trademarks. The trademarks, trade dress, logos, and service marks (collectively the "Trademarks") displayed on the Site are unregistered Trademarks of Black Dog Forensics, LLC, its affiliates, its third-party licensors and others. You are not permitted to use any of the Trademarks displayed on the Sites, without the prior, express written consent of Black Dog Forensics, LLC, its affiliates, or the third-party licensors that may own the Trademark. You may not use any hyper or HTML links, meta tags or any other "hidden text" utilizing Black Dog Forensics or its affiliates’ name or Trademarks without the express written consent of Black Dog Forensics, LLC, its affiliates, or third-party licensors. All rights reserved.

Site Materials. All Trademarks, and materials displayed on, or contained within the Site, including, but not limited to, layout, color schemes, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic or digital materials, and names (collectively, the "Materials"), are the property of Black Dog Forensics, LLC, its affiliates or its licensors and are protected by copyright, trademark, patent and all other applicable intellectual property laws. You acknowledge and agree that the Site and the Materials are the property of Black Dog Forensics, LLC, its affiliates and licensors, and that you will not acquire any rights or licenses in any trademarks, patents, copyrights, or other intellectual property on the Site or in the Materials.

You may download a copy of the Materials for your personal non-commercial use only. You may not frame or utilize framing techniques to enclose any Materials or Trademark or other proprietary information (including images, text, page layout, or form) of Black Dog Forensics, LLC or its affiliates without the express written consent of Black Dog Forensics, LLC.

Any copies that you make of the Materials must retain all our copyright and other notices. Except as expressly provided for in these Terms of Use, you may not (i) reproduce, modify, publish, transmit, display, perform, distribute, disseminate, broadcast, circulate, or otherwise exploit any content on the Site, including, but not limited to, any Materials, in whole or in part, to any third party; (ii) participate in the transfer, license or sale of any content on the Site, including, but not limited to, the Materials; or (iii) create derivative works or in any way exploit any content on the Site, including, but not limited to, the Materials. No portion of the content on the Site may be stored in a computer except for personal and non-commercial use. All rights not expressly granted herein are reserved.

RESTRICTION OF USE

You agree that you shall not use the Site: (a) to delete, modify, hack or attempt to change or alter any of the Materials on the Sites; (b) for any unlawful purpose; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (e) to infringe or violate our intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Sites, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish (email fraud), pharm (web traffic redirection fraud); (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of our Site, other websites, or the Internet. We reserve the right to terminate your use of our Site for violating any of the prohibited uses. We may fully cooperate with any law enforcement agency or authorities, or court order requesting or directing disclosure of the identity of anyone suspected of use of the Site for illegal purposes.

OBLIGATION

By using the Site, you represent and warrant that: (i) you are the age of majority in your place of residence, and have the power and authority to accept these Terms of Use and to enter into this agreement with Black Dog Forensics, LLC; (ii) you are capable of assuming, and do assume, any risks related to the use of the Materials on the Site; and (iii) you understand and accept the terms, conditions and risks relating to the use of the content and Materials on the Site.

THIRD PARTY SITES

The Site may contain links to or references to third party websites, resources and advertisers (collectively, "Third Party Sites"). Your linking to such Third Party Sites is at your own risk. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third Party Sites.

NO WARRANTY

Black Dog Forensics, LLC attempts to be as accurate as possible. However, we do not warrant that descriptions of services or other content on the Site is accurate, complete, reliable, current, or error-free. Neither Black Dog Forensics, LLC nor its affiliates are responsible for the availability of external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

THE SITE IS PROVIDED BY BLACK DOG FORENSICS, LLC, AND ITS AFFILIATES ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, BLACK DOG FORENSICS, LLC, ITS AFFILIATES AND ITS LICENSORS, MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND.

BLACK DOG FORENSICS, LLC, AND ITS AFFILIATES DO NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM BLACK DOG FORENSICS, LLC, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

BLACK DOG FORENSICS, LLC, ITS AFFILIATES AND EACH OF THEIR LICENSORS, ASSUME NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. BLACK DOG FORENSICS, LLC, AND ITS AFFILIATES RESERVE THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS, OR TO WITHDRAW OR DELETE ANY CONTENT, IN ANY PORTION OF THE SITE AT ANY TIME WITHOUT NOTICE.

BLACK DOG FORENSICS AND ITS AFFILIATES MAY MAKE ANY OTHER CHANGES TO THE SITE AT ANY TIME WITHOUT NOTICE. BLACK DOG FORENSICS, LLC, AND ITS AFFILIAITES DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING ANY STORAGE SERVICES AND ITS CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOUR STATE DOES NOT PERMIT THIS WAIVER OF LIABILITY, BLACK DOG FORENSICS, LLC, SHALL BE LIMITED TO THE AMOUNT YOU PAID TO ACCESS THIS SITE.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL BLACK DOG FORENSICS, ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR WITH THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, SOFTWARE AND SERVICES OBTAINED THROUGH THE SITES, BLACK DOG FORENSICS, LLC'S REMOVAL OR DELETION OF ANY MATERIALS ON THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF BLACK DOG FORENSICS OR ANY OF ITS AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BLACK DOG FORENSICS, LLC, ITS AFFILIATES OR LICENSORS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

INDEMNIFICATION

You agree to indemnify, defend and hold Black Dog Forensics, LLC and its affiliates, and their respective officers, directors, owners, employees, agents, information providers and licensors (collectively the "Indemnified Parties," or individually, “Indemnified Party”) harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys’ fees) arising out of or incurred by any breach by you of these Terms of Use. Black Dog Forensics, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Black Dog Forensics, LLC's defense of such claim. Black Dog Forensics, LLC and its affiliates have no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms of Use or the Sites.

RELEASE

All users of our Sites acknowledge and agree that each Indemnified Party is released, discharged, and held harmless from any and all liability from third-party claims made in connection with the Sites, including, without limitation, wrongful death and personal injury, money damages, out-of-pocket and court costs, attorney’s fees, damage to tangible property or reputation, including, without limitation, libel, defamation, right of publicity and invasion of privacy. Black Dog Forensics, LLC reserves its right to all forms of equitable and legal relief related to fraud or illegal activity connected to the use of our Sites.

LIMITATIONS ON ACTIONS

You agree that any claim or cause of action arising out of your use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Black Dog Forensics, LLC, or its affiliates to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

LEGAL DISPUTES & ARBITRATION AGREEMENT

Please Read This Section Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court.

The following sections below apply to legal disputes between Black Dog Forensics, LLC and a customer.

Initial Dispute Resolution. We are available by email at dispute@bdforensics.com to help address any concerns you may have regarding the Site or any service you have purchased from us. Most concerns may be quickly resolved in this manner. We and you agree to use best efforts to settle any disputes disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to paragraph above, initial dispute resolution, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Use (including their formation, performance and breach), the parties’ relationship with each other and/or our provision of any services shall be finally settled by binding individual arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class arbitration. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms and Conditions shall be subject to the Federal Arbitration Act.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration – and any suit that, for any reason whatsoever, is deemed not covered by or subject to the above arbitration agreement— shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and we each expressly waive their rights to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph within the context of disputes subject to arbitration is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in paragraph shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception - Small Claims Court Claims, and Intellectual Property Rights. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, (i) either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction, (ii) Black Dog Forensics, LLC, may seek relief in any court of competent jurisdiction to seek injunctive or other equitable relief to protect its intellectual property rights relating to the Site.

30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following email: arbitrationoptout@bdforensics.com. The notice must be sent within thirty (30) days of enrolling for any services from us via the Sites; otherwise you will be bound to arbitrate disputes in accordance with the terms of those sections. If you opt out of these arbitration provisions, Black Dog Forensics, LLC also will not be bound by them.

Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Montgomery County, Texas (except for small claims court actions which may be brought in the county where you reside, or intellectual property claims by us which may be brought in any appropriate court of competent jurisdiction); the parties expressly consent to exclusive jurisdiction in Montgomery County, Texas for any applicable litigation other than these limited excluded court actions as well as to service of process by registered mail or any other method allowed by law.

UNITED STATES BASED SITES

The Site is controlled and operated by Black Dog Forensics, LLC in the United States. We do not make any representations that the Site or any services offered via the Sites are available or appropriate for use in your location. Your use of or access to the Site should not be construed as us purposefully availing ourselves of the benefits or privileges of doing business in any state or jurisdiction.

MISCELLANEOUS

Please review other policies posted on this Site. These policies also govern your visit to the Site. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

CHANGES TO THIS TERMS OF USE

Black Dog Forensics, LLC may update, modify, add or discontinue any aspect, content or feature of this Terms of Use for this site. We will notify you of any changes by changing the “Last Updated” date at the beginning of this privacy policy, unless other notice is required by applicable law. You should take the time to review this privacy policy each time that you visit our Site. You agree to the new posted Terms of Use by continuing your use of the Sites. Your continued use of the Site following such modification will indicate your acceptance of any modified Terms of Use. If you do not agree with the modified Terms of Use, your sole and exclusive remedy is to discontinue using the Site.

CONTACT US

If you have questions or comments about the Terms of Use for Black Dog Forensics, LLC, it's implementation, or if you require additional information, please contact us at our designated request address: privacy@bdforensics.com.