PLEASE READ THE FOLLOWING TERMS CAREFULLY BECAUSE, BY ACCESSING AND USING BLKDNM.COM, YOU ACCEPT AND AGREE TO THEM. PLEASE ALSO READ OUR PRIVACY AND DATA PROTECTION POLICY FOR INFORMATION ABOUT HOW WE COLLECT, PROCESS AND DISCLOSE PERSONAL INFORMATION AND PERSONAL DATA.
Last revised July 18th, 2014
THESE TERMS, TOGETHER WITH OUR PRIVACY AND DATA PROTECTION AND COPYRIGHT POLICY , FORM AN AGREEMENT BETWEEN YOU AND BLK DNM. BY USING THE SITE, YOU REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO AGREE TO AND COMPLY WITH THESE TERMS. Please note that these Terms contain provisions that govern the resolution of claims between BLK DNM and you. Please see the Limitation of Liability, Indemnification and Legal Disputes sections for complete details. 1. Site Ownership. The Site, including its "look and feel" (e.g., text, graphics, images, logos), content and other material, are protected under copyright, trademark and other laws. You acknowledge and agree that BLK DNM owns all right, title and interest in and to the Site (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of BLK DNM’s copyrights, trade secrets, trademarks or other intellectual property rights through these Terms.
If you believe that any content on the Site infringes your copyright, please follow our Copyright Policy .
License Grant. BLK DNM grants to you a personal, nonexclusive, nontransferable, limited license to access and use the Site, subject to the limitations set forth in these Terms and relevant purchase or other terms set forth on the Site. All rights not expressly granted herein are reserved by BLK DNM.
Use of the Site. 3.1 Registration & Account: Unless you are visiting only the public areas of the Site, you are required to register and create an account (“Account”). You agree that you will maintain and update your registration and account information to ensure they are current, complete and accurate. You understand that we have the right to terminate your Account and use of the Site at any time if you provide untrue, incomplete or inaccurate information.
3.2 Your Responsibilities: You are responsible for all activities that occur through your Account or as a result of your use of the Site, whether or not authorized by you.
You are responsible for providing the equipment and services that you need to access and use the Site. BLK DNM does not guarantee that the Site is accessible on any particular equipment or device or with any particular software or service plan.
If you access and use the Site on a mobile device that you own or control, you are solely responsible for all message and data fees charged by the wireless service provider. Please contact your wireless service provider for pricing plans and details. BLK DNM is not responsible for any delays, interruptions or other transmission errors related to your device, service, plan or wireless service provider.
You are not permitted to remove or alter any copyright or other proprietary rights’ notice on or incorporated into the Site or to otherwise circumvent any functionality that controls access to or otherwise protects the Site.
You are responsible for complying with all laws, rules and regulations (including tax and export control laws, rules and regulations) that relate to your use of the Site. You agree that you will not use the Site for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third party privacy or other rights.
You are responsible for taking precautions and providing security measures best-suited for your intended use of the Site.
You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms or the Site by any authority.
You are not permitted to use the Site if you do not agree to these Terms or if you are under the age of majority in your place of residence or otherwise not fully able and competent to agree to these Terms.
3.3 Our Responsibilities: BLK DNM is responsible for providing the Site in accordance with these Terms and all applicable laws, rules and regulations.
While we have made every effort to display our products as accurately as possible on our Site, our goal with the Site is to provide up-to-date, complete and accurate information. Nonetheless, the Site may contain errors, omissions or inaccuracies, including those related to pricing and availability. We also cannot guarantee that your monitor will accurately portray the actual products and their colors. BLK DNM is not responsible for these errors, omissions or inaccuracies.
We will maintain commercially reasonable administrative, physical and technical safeguards intended to protect the security, confidentiality and integrity of information that you provide to or through the Site. Without limiting the terms of these Terms or our Privacy and Data Protection Policy , you understand that we do not guarantee that your use of the Site will be private or secure and we are not responsible or liable to you for any lack of privacy or security you may experience.
BLK DNM is not responsible for losses, liabilities , actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees (“Claims”) arising from your use of content, information, web sites, software, services and other materials of third parties with which you may interact when you use the Site (collectively, “Third Party Services”). YOU ACCESS THIRD PARTY SERVICES AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH TERMS AND CONDITIONS APPLICABLE TO YOUR ACCESS AND USE OF THIRD PARTY SERVICES.
3.4 Site Availability: We use commercially reasonable efforts to make the Site available to you 24 hours per day, seven (7) days per week, excluding scheduled maintenance time, unavailability caused by you or any software, hardware or service not provided by us, unscheduled downtime and/or any cause beyond our reasonable control (including without limitation nature disasters, wars, terrorist act, civil disturbances, acts of any government or agency thereof, strikes or other labor problems, Internet service or other third party service providers’ failures or delays and systemic electrical, telecommunications or other utility outages or failures).
3.5 Orders BLK DNM has the right to change product pricing at any time and may display discontinued or out of stock items on the Site. Prices on the Site are in U.S. dollars and, unless otherwise expressly indicated, applicable taxes and shipping fees are the sole responsibility of the purchaser.
By submitting your order to BLK DNM, you represent to us that you intend to use our products for personal use only and not for commercial resale. We reserve the right to limit order quantities or reject orders at our discretion, at any time.
When you purchase from the Site, BLK DNM does not store, process or transmit any of your credit card information. BLK DNM uses Cybersource (www.cybersource.com) to handle these functions and hereby disclaims any liability for any action taken by Cybersource with respect to such information to the maximum allowed by applicable law. Payments for products purchased on the Site are subject to Cybersource’s terms and conditions.
3.6 Our Site is Not for Use by Minors We do not knowingly market to or collect information from minors. To use the Site, you must be the age of legal majority in your place of residence. By using the Site, you hereby represent that you are at least the age of legal majority in your place of residence. The Site does not contain an application or other mechanism to determine the age of users. All information provided to BLK DNM will be treated as if it was provided by an adult. If, however, we learn that a minor has submitted information about himself/herself to us, we will delete the information as soon as possible.
Termination. 4.1 By BLK DNM: BLK DNM reserves the right to terminate the Site at any time with or without notice. BLK DNM may terminate these Terms and accordingly may deny you access to the Site if, you fail to comply with any term or condition of these Terms, as determined by BLK DNM in our sole judgment. Termination will not limit any of BLK DNM’s other rights or remedies at law or in equity and any and all obligations and liabilities you incurred prior to the termination date shall survive the termination of these Terms for all purposes. This Section 4 along with Sections 5, 6, 7, 8, 9 and 13 will survive any such termination.
4.2 By You: To cancel your Account, please go to [describe/provide link for how to terminate account and what happens to Account data after termination]. These Terms will automatically terminate when you cancel your Account; provided, however, that any and all obligations and liabilities you or BLK DNM incurred prior to the termination date shall survive the termination of these Terms for all purposes.
Warranties . We warrant that we have validly entered into these Terms and have the legal power to do so. You warrant that you have validly entered into these Terms and have the legal power to do so. EXCEPT AS EXPRESSLY PROVIDED ABOVE, YOU ACKNOWLEDGE THAT THE SITE IS SUPPLIED TO YOU ON AN "AS IS" BASIS AND THAT USE OF THE SITE IS AT YOUR SOLE RISK. BLK DNM HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE SITE AND THE USE, PERFORMANCE, OPERATION AND SUPPORT THEREOF, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT, ACCURACY, COMPLETENESS, INTEGRATION, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. BLK DNM DOES NOT WARRANT THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE SITE WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (C) THAT THE SITE WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATIONS OR ANY PARTICULAR SYSTEMS OR DEVICES OR (D) DEFECTS IN THE SITE WILL BE CORRECTED. ANY ORAL OR WRITTEN ADVICE PROVIDED BY BLK DNM OR ITS AUTHORIZED AGENTS WILL NOT BE DEEMED TO CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability . UNLESS PROVIDED FOR OTHERWISE UNDER YOUR APPLICABLE NATIONAL LAW, BLK DNM’S LIABILITY ARISING OUT OF OR RELATED TO THE DELIVERY, USE OR PERFORMANCE OF THE SITE OR THESE TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) WILL NOT EXCEED, IN THE AGGREGATE, $500. THE FOREGOING LIMITATION WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS.
IN NO EVENT WILL BLK DNM BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SITE OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF BLK DNM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING DISCLAIMER OF LIABILITY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms of these Terms and that BLK DNM would not be willing to grant you the rights set forth in these Terms but for your agreement to these limitations of liability.
Indemnification. You agree to indemnify and defend BLK DNM and its affiliates, directors, officers, employees and agents from and against all Claims brought against BLK DNM by any third party arising from or related to your use of the Site or any violation of these Terms, the rights of a third party or applicable law. BLK DNM reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects the rights or obligations of BLK DNM may be made without BLK DNM’s prior written approval.
UNLESS PROVIDED FOR OTHERWISE UNDER YOUR APPLICABLE NATIONAL LAW, YOU AND BLK DNM AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Remedies. You agree that a breach or a threatened breach of these Terms will cause injury to BLK DNM for which money damages will not provide an adequate remedy and BLK DNM will be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
Your Feedback. Any and all (a) suggestions for correction, change and modification to the BLK DNM services, evaluation data, evaluations and other feedback (including but not limited to quotations of written or oral feedback, information and reports provided to BLK DNM by you) (collectively, “Feedback”), and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by BLK DNM or otherwise relating to the Site (collectively, “Revisions”), are and will remain the property of BLK DNM and will be processed in the United States to the extent this information contains Personal Information. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Site or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of BLK DNM and BLK DNM may use and disclose Feedback and Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to BLK DNM any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property rights) that you may have in and to any and all Feedback and Revisions. Upon request by BLK DNM, you will execute any document, registration or filing required to give effect to the foregoing assignment.
Modifications to Terms. We may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Site after the “Last Revised” date at the top of this page. Your continued access or use of the Site after the modifications become effective is deemed your conclusive acceptance of the modified Terms.
Notice to California Residents. Under California Civil Code Section 1789.3, California residents are entitled once per year to request certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes.
To file a complaint regarding the Site or to receive further information regarding use of the Site, send a letter to the address at the end of these Terms or contact BLK DNM via e-mail at CONTACT@BLKDNM.COM with “Website Request” as the Subject Line. If you are a California resident, you also may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
Miscellaneous. These Terms may not be modified except by a writing executed by the duly authorized representatives of BLK DNM. No other act, document, usage or custom will be deemed to modify or amend these Terms.
These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the licenses granted hereunder may be assigned by BLK DNM but you may not assign them without the prior express written consent of BLK DNM.
If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of a party to obtain substantially the bargained-for performance of another party will not have thereby been impaired.
If any party fails to perform any term hereof and another party does not enforce such term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence.
The headings and captions contained herein are for convenience only.
These Terms, contain the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.
BLK DNM Group, LLC [CONTACT@BLKDNM.COM] [www.BLKDNM.com] June 16,2014