PoliciesPrivacy PolicyBlack e-Commerce Privacy PolicyThis privacy policy informs you how we use and protect your personal information, and about what choices you have concerning our use of such information. Please read this policy carefully. We may need to change this policy from time to time in order to address new issues and reflect changes on our sites. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Notwithstanding the disclosure of specified information herein, we take the necessary steps to ensure your right to privacy pursuant to the Privacy Act of 1974, 5 U.S.C, Section 552a, as amended. Please refer back to this policy regularly. Privacy Policy ScopeThis policy explains how we handle your personal information for our services on BlackEcommerce.com. This policy does not apply to your use of unaffiliated sites to which this Site provides a link. This policy covers only the information collected on this Site and does not cover any information collected offline by us. Privacy Policy Exception DisclosureWe have the following exceptions to these policies: By law, we are required to release specific and/or certain information about you or your account to comply with any valid legal inquiry or process, i.e., a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if there is an attempted breach of the security of the Site, or a physical or property threat to you or others. We may also transfer user information, including personally identifiable information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division or other fundamental corporate change. Personal Identification InformationYou can browse Blackecommerce.com without telling us who you are or revealing any personal information about yourself. If you choose to register with us, you consent to the transfer and storage of that information to our server located within the United States. We may request personal identification information from you (such as your name, street address, telephone number, credit card or bank number, e-mail address, transactional information based on your activities on the Site and/or any other identifier that permits the physical or online contacting of you) in connection with your use of, or participation in, membership registration for Blackecommerce.com, promotions, surveys, forums, subscription registrations, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, computer sign-on data, statistics on page views, traffic to and from the Site, and ad data, IP addresses, standard web log information, visitors' requests for free products or services or additional information (including via email to us), and in connection with other activities, services or resources we make available on our Site. In all of these cases, we will collect personal identification information from you only if you voluntarily submit such information to us. Except as otherwise provided in this policy, we will never intentionally disclose any personal identification information about you as an individual user to any third party without having received your permission. Non-Personal Identification InformationNon-personal identification information might include the browser you use, the type of computer, technical information about your means of connection to our Site - such as the operating systems and the Internet service providers utilized, and other similar information. Our systems may also automatically gather information about the areas you visit and search terms you utilize on our sites and about the links you may select from within our Sites to other areas of the World Wide Web or elsewhere online. We use such information to administer the Site, better manage advertising on the Sites, and, in the aggregate, to understand how our users as a group use the services and resources provided on our site. This way we know which areas of our Site are favorites of our users, which areas need improvement, and what technologies are being used so that we may continually improve our sites. We collect non-personal identification information through the use of: "Cookie" technology: A "cookie" is an element of data that a web site can send to your browser, which may then store it on your system. "IP address tracking": An IP address is a number that is assigned to your computer when you are on the Internet. When you request pages from our Sites, our servers log your IP address. "Web beacons": A Web beacon, or "clear gif", is a small graphic image on a webpage or web-based document that a web site can use to determine information about a user. Marketing and PromotionsWe do not sell or rent your personal information to third parties for their marketing purposes without your expressed consent. If you give us your permission, we may also use personal identification information for internal or external marketing and promotional purposes. On occasion, for example, we may send you e-mails to introduce a product or service that we think might be of interest to the users of our Site. For us to obtain your permission to send you this information, we will give you an opportunity to "opt-in" at the time our request for your personal information is made. If you do "opt-in," you may choose to "opt-out" at any time, even after you have provided personal information, by following the procedures set forth below at the end of this Privacy Policy. Please note, however, that under certain circumstances, if you initially do not choose to "opt-in," or if you later "opt-out," you may not be eligible for certain benefits for which a name, e-mail address, telephone number or other personal identification information is needed. Please also see the Choice section of this policy. Registration InformationYou are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you and agree to hold Black e-Commerce, its agents, affiliates, assigns and/or representatives harmless thereon. You agree to immediately notify us of any unauthorized use of your registration or password. Third-Party Affiliate PartnersWe may share this aggregate statistical information with our partners, suppliers and other third parties, but we will not share any individual names, personal navigational or other personal information. For example, we may use a third-party advertising company to serve ads when you visit our Sites. We may share demographic and preference information with this company to allow them to display appropriate advertisements for you. We may use a proprietary advertising server to display ads on our Site. In addition, advertisers may elect to use third-party advertising companies to serve ads onto our Site. Some of our advertisers may display ads on our Site that may use cookie technology or Web beacons to (i) identify non-personal information about our users (such as connection speed, browser and country of origin) and (ii) track user behavior within our Site. Advertisers generally use such information to customize the display of ads within our Site. We will not permit such advertisers to collect any personal information from our users within our site. We do not have access to these cookies or any information that they may contain. The information you enter when making a purchase or an online donation will be shared with payment processors, financial gateways, and your credit card company to authorize credit card payments. Such information may also be shared with necessary third parties solely for the purpose or carrying out the transactions. Links To Other SitesUsers will find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the contents or links that appear on these sites. In addition, these sites or services, including their contents and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies, or no policy (policies) at all. We encourage you to review the privacy policies of any third party sites or services before providing any of them with your personal information. Privacy of MinorsWe understand that young people need special safeguards and privacy protection. We realize that they may not understand all the provisions of our policy or be able to make thoughtful decisions about the choices that are made available to our adult users. We strongly urge all parents to participate in their children's exploration of the Internet and any online services, and to teach their children about protecting their personal information while online. Blackecommerce.com assumes no responsibility for the misuse of our website and its services relating to or which may arise resulting from a minor's misuse of the internet and online services. PLEASE NOTE: This Site may not be used by persons under eighteen (18) years of age, or persons who are not residents of the United States. Persons in these categories must not disclose any information to us, or use this Site. We do not knowingly solicit or collect information from persons under eighteen (18) years of age or who are not United State residents. We define "United States" as the fifty (50) states, plus U.S. territories, including Guam, Puerto Rico, American Samoa, Virgin Islands, Midway Islands, Micronesia, Marshall Islands, and Palau. SecurityProtecting your privacy and your information is a top priority. We have taken careful measures to secure your information. We exercise great care in providing safe transmission of your information from your PC to our servers (unless sent by a means outside of our control, such as e-mail). ChoiceIf you "opt-in" to receive information from us or others, you can change your mind later. If at any time you would like to stop receiving such information or opt-out of a feature, you may go back to Blackecommerce.com and change your options. Please note: Blackecommerce.com is not responsible for removing information from third-party lists or entities that you have previously authorized us to share your information. AgreementBy use of this Site, you signify your acceptance of our Privacy Policy and Agreement in its entirety as set forth herein. If you do not agree to this policy, please do not use our site. Your continued use of the Site following the posting of changes to these terms will mean that you accept those changes. By accepting the Privacy Policy and Terms of Use Agreement in registration, you expressly consent to our collection, storage, and use and disclosure of your personal information as described in this Privacy Policy. This Policy is effective the date the site launches and is otherwise effective upon registration and acceptance for new users. The Site is operated in the United States. If you are located in the European Union or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using our Web Site, participating in any of our services and/or providing us with your information, you consent to this transfer. In the event of a dispute or breach of this agreement, the parties agree to resolve the issue in an amicable manner, within sixty (60) days from the date of incident. If the matter is not resolved within the allotted time, the parties hereto agree to submit to binding arbitration in lieu of litigation. Contact UsIf you have any questions or concerns about our privacy policy, please send an e-mail to: info@blackecommerce.com or use the Contact Us form. If you would like to review any personal information we have retained about you in our database, please send us an e-mail request for this information at info@blackecommerce.com. To help us address your request, please specify which information you wish to review. Once you have reviewed this information, at your request we will correct personal information about you that you state is erroneous. To request such a correction, please send an e-mail to info@blackecommerce.com. You should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers although we will always make reasonable efforts to do so upon your request. SecurityProtecting your privacy and your information is our top priority. We have taken careful measures to secure both your information and our physical premises. We exercise great care in providing safe transmission of your information from your PC to our servers (unless sent by a means outside of our control, such as e-mail). Protection of InformationWe offer secure web pages to collect certain kinds of user information and we store certain kinds of data in encrypted form. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. While no computer system is completely secure, we believe the measures implemented by our website reduce the likelihood of security problems to a level appropriate to the type of data involved. Blackecommerce.com servers use Secure Sockets Layer (SSL), an encryption technology that works with Netscape Navigator, Microsoft Internet Explorer, and Mozilla Firefox, so that only Blackecommerce.com can read a customer's personal information. Member Account, Password, and SecuritySome of the Services require you to open an account you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Blackecommerce.com immediately of any unauthorized use of your account or any other breach of security. Blackecommerce.com will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Blackecommerce.com or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. Terms of UseThe Blackecommerce.com website may only be used for lawful purposes. Activities including, but not limited to, tampering with the site, misrepresenting the identity of a user, or conducting fraudulent activities on the site are prohibited. Our Terms of Use Agreement explains in depth acceptable use of this website. PrivacyOur Privacy Policy tells you about how we use and protect your personal information. Terms of UseWelcome to Blackecommerce.com. By accessing, registering or using the Site, you and any entity you are authorized to represent ("you" or "your") agree to be bound by these terms. These terms constitute an agreement governing you access as a "member" and use of the site. You also agree that you have read the Privacy Policy of our site and accepted it. Members must comply with applicable laws and the terms of service of Blackecommerce.com at all times. Blackecommerce.com currently is a paid, membership service to registered members who agree to abide by the terms of use. BlackEcommerce reserves the right to modify and/or change the nature of its relationship with its members at any time. Such modifications and/or changes will be posted on our site. Blackecommerce.com may also change, suspend or discontinue the Service or any other aspect of its Service, at any time, without prior notice to the members. Members are responsible for maintaining the confidentiality of their account information and passwords. Continued use of the site constitutes your binding acceptance of any terms and/or modifications. PLEASE NOTE: This Site may not be used by persons under eighteen (18) years of age or persons who are not residents of the United States. We do not knowingly solicit or collect information from persons under eighteen (18) years of age or who are not United State residents. We define "United States" as within the fifty (50) states, plus U.S. territories, including Guam, Puerto Rico, American Samoa, Virgin Islands, Midway Islands, Micronesia, Marshall Islands, and Palau. Key Provisions of Terms of Use AgreementBlackecommerce.com expects its members to respect the rights and dignity of others. Accordingly, you agree not to do any of the following:
Fees and ServicesBlackecommerce.com subscribed members are given several free and discounted services as an incentive to join. There are fees associated with certain services on the site. Blackecommerce.com may change fees for promotinal events, new services or from time to time. To do so is at our discretion and will be efferective upon posting. If there are any changes to our Subscriptions and Fees you will be given a 30-day notice. All fees are quoted in U.S. Dollars. Members are responsible for paying fees and taxes, if any, in a timely manner with an accepted valid payment method. If your method of payment is declined, your account will be suspended; and may be forwarded to a collection agency after 30 days. You may then become responsible for additional fees associated with collection agencies and legal counsel. Disclaimers and WarrantiesExcept as expressly provided otherwise in an agreement between Blackecommerce.com and its members, all information, products, merchandise, and services on this site are provided "AS IS" and "AS AVAILABLE" without warranty or conditions of any kind, either express or implied, including, but not limited to the implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement. We assume no responsibility for errors or omissions in the information, products, merchandise, services, or documents which are referenced by or linked to this site. This site could include technical or other inaccuracies. Changes are periodically made to the information herein. However, we make no commitment to update materials on this site. Limitation of LiabilityIn no event shall we be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever (including without limitation, those resulting from: (1) reliance on information, advice, or service provided; (2) loss of use, data or profits; (3) delays or business interruptions; (4) and any theory of liability, arising out of or in connection with the use or performance of this site) whether or not you have advised us of the possibility of such damages. In no event shall our liability to you for any damages, direct or indirect, exceed the sum of $500.00. Please also refer to the Agreement section our Privacy Policy. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitations or exclusions may not apply to you. Third-Party ProvidersBlackecommerce.com may provide its members with links to third-party Internet sites. We use reasonable diligence to ensure that the services and information provided by us is reliable and accurate. However, we do not maintain any control over the quality of service, accuracy of information or operation of websites of Third Party Providers. The appearance of a link to a Third Party Provider on the Site is not an endorsement of such Third Party Provider or any services or information provided by the Third Party Provider or at its site. If a member decides to access a Third Party Provider website, such access is entirely at the Member's own risk. We make not guarantees or warranties about the accuracy, currency, content, quality or timeliness of the services or information provided by any Third Party Provider, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on the Third Party Provider websites. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, services, or information. Members accept full responsibility for any correspondence, communication or contact with Third Party Providers. Any and all fee arrangements are strictly between member and any third party provider or advertiser. IndemnificationYou agree to indemnify, defend and hold Black e-Commerce, its officers, members, managers, directors, owners, agents, employees, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising our of any breach by you the Terms, including, without limitation, our reasonable attorneys' fees and costs. Black e-Commerce reserves the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle without our written consent. PrivacyYou can browse Blackecommerce.com website without telling us who you are or revealing any personal information about yourself. If you choose to register with us, you consent to the transfer and storage of that information to our server located in the United States. We may request personal identification information from you (such as your name, street address, telephone number, credit card or bank number, e-mail address, transactional information based on your activities on the Site and/or any other identifier that permits the physical or online contacting of you) in connection with your use of, or participation in, membership registration for Blackecommerce.com, promotions, surveys, forums, subscription registrations, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, computer sign-on data, statistics on page views, traffic to and from the Site, and ad data, IP addresses, standard web log information, visitors' requests for free products or services or additional information (including via email to us), and in connection with other activities, services or resources we make available on our Site. In all of these cases, we will collect personal identification information from you only if you voluntarily submit such information to us. Except as otherwise provided in this policy, we will never intentionally disclose any personal identification information about you as an individual user to any third party without having received your permission. Blackecommerce.com stores and processes your personal information on our computers in the U.S. and we protect it by maintaining physical, electronic and procedural safeguards in compliance with applicable U.S. Federal and State regulations. We use computer safeguards such as firewalls and date encryption, we enforce physical access controls to our buildings files, where applicable, and we authorize access to personal information only for those employees who require it to fulfill their job responsibilities. Our Privacy Policy tells you about how we use and protect your personal information. CopyrightsThe content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to Blackecommerce.com are protected under applicable copyrights, trademarks, and other proprietary, including intellectual property rights. The copying, redistribution, use or publication by you or ay such matters or any of Blackecommerce.com site, except as allowed by this agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through Blackecommerce.com. The posting of information and materials on the website does not constitute a waiver of any right in such information and materials. Some of the content on Blackecommerce.com is copyrighted work of third parties. In the event you have a claim of copyright infringement with respect to material contained on Blackecommerce.com, please provide our Copyright Agent the following information:
Black e-Commerce's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent Black e-Commerce, LLC 39555 Orchard Hill Place, Suite 600 Novi, MI 48375 Fax: (248) 348-5760 Governing LawThese Terms of Use shall be governed by and interpreted in accordance to the laws of Michigan and the United States, without regard to their principles of conflicts of law. Acceptance of AgreementThese terms constitute the entire agreement between you "the member" and us with respect to the use of the Site or its Content, any software or service, information, and supersedes all discussions, communications, conversations and agreements concerning the subject matter hereof. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the court should endeavor to give effect to the parties' intentions as reflected in the provision, and other provisions of the Terms shall remain in full force and effect. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. |
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