Terms of Service

1. Acceptance of Terms

By accessing or using Black Diamond Marketplace at blackdiamondmarketplace.com you agree to be bound by these Terms of Service. If you do not agree to these terms you may not use the platform. These terms apply to all visitors, buyers, sellers, and registered users of the platform.

2. Platform Description

Black Diamond Marketplace is both a listing platform and a sales facilitator that connects buyers and sellers of heavy oil and gas equipment. We provide the technology and infrastructure for sellers to list equipment and for buyers to discover and inquire about that equipment. Black Diamond Marketplace does not take ownership, possession, or title to any equipment listed on the platform at any time.

3. Account Registration

To list equipment or save listings you must create an account. You agree to provide accurate and complete information during registration and to keep your account information current. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must be at least 18 years of age and have legal authority to enter into binding agreements to create an account.

4. Seller Responsibilities

As a seller on Black Diamond Marketplace you agree to:

• Provide accurate, complete, and truthful information in all listings including equipment descriptions, specifications, condition, photos, and pricing
• Have legal authority and clear title to sell any equipment you list
• Respond to buyer inquiries in a timely and professional manner
• Update or remove listings when equipment is no longer available for sale
• Comply with all applicable local, state, federal, and international laws related to the sale of equipment

Misrepresentation of equipment condition, specifications, or ownership is grounds for immediate listing removal and permanent account suspension.

5. Buyer Responsibilities

As a buyer on Black Diamond Marketplace you agree to:

• Perform your own due diligence and independent inspection of all equipment prior to purchase
• Verify the accuracy of listing information directly with the seller
• Conduct all transactions in good faith and in compliance with applicable laws

Black Diamond Marketplace does not inspect, verify, certify, or guarantee the condition, accuracy, or fitness for purpose of any equipment listed on the platform. All purchases are transactions directly between buyer and seller.

6. No Guarantees

Black Diamond Marketplace makes no guarantees of any kind including:

• That any listing will result in a sale
• That listing information provided by sellers is accurate or complete
• That any specific financial outcome will result from using the platform
• That the platform will be available without interruption or error

All equipment is listed and sold as-is between buyer and seller. Black Diamond Marketplace is not a party to any transaction between buyers and sellers.

7. Listing Standards and Removal

Black Diamond Marketplace is committed to maintaining a high-quality marketplace. We reserve the right to remove any listing that:

• Contains inaccurate, misleading, or fraudulent information
• Does not meet our listing quality standards
• Violates these Terms of Service or any applicable law
• Is deemed inappropriate at our sole discretion

We will make reasonable efforts to notify sellers of listing removals. Repeated violations may result in permanent account suspension. Black Diamond Marketplace’s decisions regarding listing removal are final.

8. Commission and Brokerage Services

Black Diamond Marketplace operates primarily on a subscription membership model. In cases where a seller explicitly and voluntarily authorizes Black Diamond Marketplace to assist with a specific transaction, commission-based brokerage services may be offered. All commission terms will be agreed upon in writing prior to the commencement of any brokerage assistance. Black Diamond Marketplace will never charge a commission without explicit written seller authorization.

9. Subscription Memberships

Paid membership subscriptions are offered on monthly and annual billing cycles. By subscribing you agree to the following:

• Subscriptions automatically renew at the end of each billing period unless cancelled
• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of the current billing period — you retain access through the period you have paid for
• Refunds are not provided for partial subscription periods or unused listing capacity
• Black Diamond Marketplace reserves the right to modify subscription pricing with 30 days notice to existing subscribers

10. Intellectual Property

All platform content, design, technology, branding, and functionality including the Black Diamond Marketplace name, logo, and software are the property of Black Diamond Marketplace and are protected by applicable intellectual property laws. Sellers retain ownership of their listing content but grant Black Diamond Marketplace a non-exclusive, royalty-free license to display, reproduce, and distribute that content on the platform and in marketing materials for the purpose of operating the marketplace.

11. Limitation of Liability

To the maximum extent permitted by applicable law Black Diamond Marketplace shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from:

• Transactions between buyers and sellers
• Inaccurate listing information provided by sellers
• Equipment condition disputes between buyers and sellers
• Any outcome resulting from use or inability to use the platform

Our total cumulative liability to any user for any claim arising from use of the platform shall not exceed the total subscription fees paid by that user in the three months immediately preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless Black Diamond Marketplace and its officers, employees, and agents from any claims, damages, losses, or expenses including reasonable legal fees arising from your use of the platform, your listings, your transactions, or your violation of these terms.

13. Governing Law and Dispute Resolution

These Terms of Service are governed by the laws of the State of Texas without regard to conflict of law principles. Any dispute arising from these terms or use of the platform shall be resolved exclusively in the state or federal courts located in Ector County, Texas. You consent to the personal jurisdiction of such courts.

14. Changes to Terms

Black Diamond Marketplace reserves the right to modify these Terms of Service at any time. We will notify registered users of material changes via email at least 14 days before they take effect. Continued use of the platform after updated terms take effect constitutes acceptance of the revised terms.

15. Contact

For questions about these Terms of Service contact us at: