Terms and Conditions

1. Binding Contract. These Terms create a binding legal contract between you and Diagon. By accessing, viewing, or availing yourself of the Site in any manner (including by registering to purchase OEM Equipment), you certify that you have read, understand, and agree to be legally bound by these Terms. The Site is only available to users at least 18 years of age.

2. Authorized Representative. If registering or using the Site on behalf of a company, you represent and warrant that you are the Company's authorized representative with authority to bind it to these Terms.

3. Purpose of Site. Materials on the Site are for general informational purposes only. Diagon has endeavored to make the Site useful, but it may contain errors and omissions. The Site includes materials from third-party sources that Diagon may not have evaluated. Diagon makes no assurances regarding accuracy, completeness, timeliness, or reliability.

4. Modifications. Diagon may revise these Terms at any time. Continued use following changes constitutes consent to those changes. Users should periodically review this page.

1. Account Information. To access some features, users must create an account. Information provided must be truthful, accurate, timely, and complete, and remain accurate and up-to-date.

2. Access Credentials. Registered users receive login credentials (username and password) that are personal and may not be shared. Users are responsible for maintaining confidentiality and all account activity. Users must notify Diagon immediately at privacy@diagon.ai if credentials are compromised.

2. Suspension. Diagon may suspend or limit access at any time without notice for breaches, legal violations, or other reasons.

1. License. The Site allows users to upload information including photographs, drawings, renderings, schematics, specifications, and documentation. Users grant Diagon a "non-exclusive, worldwide, transferable, and sublicensable right to use, copy, modify, distribute, publish, and process such User Content" without further consent or compensation. Users represent and warrant ownership of all rights in the content.

3. Monitoring. Diagon may monitor the Site to ensure compliance with laws, respond to court orders, enforce Terms, or protect rights and safety. Diagon reserves the right to remove User Content and deny access for violations at any time without notice.

4. Assumption of Risk. Users assume total responsibility for User Content and interactive areas. User Content represents the author's views, not Diagon's. Users use such content at their own risk. Diagon takes no responsibility for uploaded or published content.

1. Ownership. The Site is owned and operated by Diagon. Visual interfaces, graphics, listing information, design, compilation, information, code, products, software, and services are protected by copyright, trade dress, patent, and trademark laws. Nothing herein grants rights under any intellectual property or ownership in Site Content. Unauthorized reproduction or distribution is prohibited.

2. Feedback. Users may provide suggestions, recommendations, and feedback about the Site or Diagon's products. Diagon receives a "royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate any of your Feedback" without compensation. Diagon is not obligated to implement feedback.

1. General Compliance. Users comply with all applicable laws, rules, regulations, and Terms.

2. Governing Law. The Site, Terms, and the relationship are governed by California law without regard to choice of law rules. Disputes shall be brought only in Superior Court of San Francisco or United States District Court for the Northern District of California.

3. Merger. These Terms between you and Diagon supersede all previous communications, representations, understandings, and agreements.

4. Severability. If any provision is held unenforceable, it is deemed severed, and remaining provisions remain in full force.

5. No Waiver. Diagon's failure to enforce any provision is not a waiver of prior or future performance.

6. No Agency Relationship. No joint venture, partnership, employment, or agency relationship exists.

7. No Other Relationship. Submitting User Content creates no confidential, fiduciary, or other relationship beyond these Terms.

8. No Assignment. Terms and granted rights may not be transferred by users but may be assigned by Diagon without restriction.

1. Listings. The Marketplace contains listings of OEM Equipment offered by non-affiliated OEM Suppliers. Diagon offers all Equipment as an agent for the applicable Supplier, not on Diagon's behalf. Diagon has no liability for any Supplier act, omission, default, or failure.

2. Pricing. Listed pricing is for hardware only and does not include installation, warranty, shipping, or other services. Diagon may provide Value-Added Services separately.

3. Offers. All OEM Equipment sales are consummated via separate written contract between the user and Supplier (or Diagon as agent). Clicking "Make an Offer" initiates contact from a Diagon agent. Nothing creates binding commitment to consummate transactions.

4. Diagon Rights. Diagon reserves the right to: (a) remove listings anytime; (b) reject or refuse offers; (c) revoke permission to make offers; (d) terminate accounts or negotiations if it determines it cannot complete transactions. Diagon has no liability for exercising these rights or for errors or failure to respond.

5. Descriptions of OEM Equipment. Written descriptions, oral descriptions from Diagon personnel, bills of sale, invoices, or statements are statements of opinion, not fact. They do not create representations or warranties. Users expressly acknowledge not relying on such descriptions.

6. Inspection. Diagon assumes no obligation to inspect Equipment before listing or sale. Users are solely responsible for inspection and due diligence, including assessing condition, title, value, quality, authenticity, description, provenance, fitness for needs, legal compliance, and identifying repairs or replacement parts.

2. Assistance. Users agree to provide all information and assistance reasonably requested to comply with Anti-Money Laundering processes and laws.

3. Third-Party Purchases. If purchasing on behalf of another party, users represent conducting sufficient due diligence to verify compliance. Users are fully responsible for the third party's acts and omissions, and any breaches by the third party are deemed breaches by the user.

1. Enforcement Costs. If Diagon engages counsel to enforce any Terms provision, users shall be responsible for all reasonable fees, costs, and expenses incurred.

2. Fees and Costs. If proceedings (including arbitration) relate to or arise from the Terms or offers, the prevailing party recovers reasonable attorneys' fees, costs, and expenses; provided users cannot recover unless they first presented the claim to Diagon and allowed reasonable opportunity to mediate before initiating legal action.