Terms and Conditions of Use
Changes and Amendments
We reserve the right to modify these Terms at any time and in our sole discretion, effective upon posting of an updated version of these Terms on the Website. When we do, we will revise the date at the bottom of this page. Continued use of the Website after any such changes shall constitute your continued acceptance of these Terms. If you do not agree with these Terms at any time, you must not use the Website.
Access and Use
We hereby grant you permission to use the Website as set forth in these Terms, provided that: (a) your use of the Website is solely for your personal, non-commercial use; (b) you will not copy or distribute any part of the Website in any medium without our prior written authorization or as otherwise permitted by these Terms; (c) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (d) you will otherwise comply with these Terms.
In addition to the other terms set out in these Terms, you agree that you will not: (a) use the Website to collect or harvest any personal information, including account names, from the Website, (b) distribute advertisements on the Website or solicit any users of the Website for commercial purposes; (c) upload or transmit any communications or content of any type on the Website that may infringe or violate any rights of any party; (d) use the Website for any purpose in violation of local, provincial, national or international laws or to solicit others to perform or participate in any unlawful acts; (e) use the Website to post or transmit material that is unlawful, discriminatory, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity; (f) submit false or misleading information to the Website; or (d) disable, “hack” or otherwise interfere with the proper functioning or security features of the Website.
We may (in our sole discretion) suspend or terminate your access to or use of the Website without notification for any violation of these Terms, or for other conduct that we deem unlawful or harmful to others. In the event of termination, you are no longer authorized to access the Website, you may not re-register for our Services, and we will use whatever means necessary to enforce this termination.
Users under age 13 must not use the Website or Services without permission from an adult. In the event that you authorize a minor to use the Website, you are fully responsible for: (a) the online conduct of that minor; (b) controlling the minor’s access to and use of the Website or any of the Services; and (c) the consequences of any misuse of the Website or Services by the minor.
The owner of the Website is based in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
Certain of the Services and related features on the Website may require registration or subscription. Should you choose to register or subscribe for any such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. Providing false contact information of any kind may result in the termination of your account. You agree to be responsible for maintaining the confidentiality of any passwords or other account identifiers you choose or are assigned as a result of creating an account for registration or subscription on the Website as well as all activities that occur under such account. You agree to immediately notify us of any unauthorized uses of your account or any other breaches of security on the Website.
We will not be liable or responsible in any way for any loss or damage of any kind incurred as a result of or in connection with your failure to comply with this section of these Terms.
We reserve the right to terminate your Subscription at any time in our sole discretion. Your ability to use the Subscription is also subject to any limits established by your credit card issuer. If Fees cannot be charged to your credit card or your charge is returned for any reason, we reserve the right to suspend or terminate your Subscription.
By registering for a Subscription, you warrant that: (a) you are the age of majority in the jurisdiction in which you reside; (b) all information you submit to the Website is true and correct, including all credit card information; and (c) you are the cardholder of the credit card you designated for the Subscription account.
We do not own any content, information or material that you submit on the Website (“User Content”). You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all your submitted User Content.
None of the User Content you submit to the Website will be subject to any confidentiality by us. Any User Content submitted to the Website is the intellectual property of the user who submitted
it or the third party who granted the User the rights to do so. However, by providing any User Content to the Website, you automatically grant us, our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Content for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship to permit full use of this license as a condition of submitting any User Content.
By submitting the User Content, you declare and warrant that you own or have the necessary rights to submit the User Content and have the right to grant the license thereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. You represent and warrant that all User Content you submit to the Website complies with applicable laws and regulations and these Terms.
You understand and agree that you, and not BLACK or BLACK’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Content you submit or contribute, and you are legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Content submitted by you or any other user of the Website.
We may, but have no obligation to, monitor and review User Content on the Website submitted or created using our Services. We have the right, though not the obligation, to, in our own sole discretion, refuse or remove any User Content that, in our reasonable opinion, violates these Terms or is in any way harmful or objectionable.
The content on our Website is provided for general information purposes only. It is not intended as advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Website.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither BLACK nor its parent, subsidiaries, affiliates, nor their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors, have any responsibility or liability whatsoever for your use of this Website.
This Website may include content provided by third parties, including from other users and third-party licensors. All statements and opinions expressed in any such third-party content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of BLACK. Neither BLACK nor its parent, subsidiaries, affiliates, nor their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials on the Website.
Third Party Services
If you enable, access or use third party services available on the Website, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against BLACK with respect to such other services. BLACK is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling or using any other services, you are expressly permitting BLACK to disclose your data as necessary to facilitate the use or enablement of such other service.
Links to Other Websites
Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the conditions of use, privacy policies and other legal documents of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
Our Intellectual Property
You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, text, presentation, website layout, selection, and arrangement, are owned by BLACK, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Our name, logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of BLACK or its affiliates or licensors. All of our trademarks are protected by Canadian law. All other trademark, service marks, company names or company logos, as used or referenced in the Website, are the property of their respective owners.
Subject to and conditioned on your compliance with these Terms, we grant you a limited, nonexclusive, nontransferable, nonsublicensable license to access and make personal and noncommercial use of the Website or its contents. You are authorized to view, download and print portions of the Website solely for your personal and non-commercial use or as we otherwise permit, provided that you agree not to change or delete any copyright, trademark or proprietary notices from the materials. Your computer and browser may also temporarily store or cache copies of materials being accessed and viewed. Any other use of materials on the
Website, including: (a) reproduction, except as authorized herein; (b) modifications; (c) distributions; (d) republication; (e) transmission; (f) re-transmissions; or (g) public showing, without our prior written permission, is strictly prohibited. The licenses granted by us terminate immediately and without notice to you if you do not comply with these Terms.
You have no right, title, or interest in or to the Website or to any content on the Website except your User Content, and all rights not expressly granted are reserved by the BLACK. Any use of the Website or any intellectual property referenced in this section, except as permitted in these Terms or otherwise expressly authorized by the property owner, shall constitute a breach of these Terms and an infringement or violation of the rights of the property owner, and may be a violation of federal or other laws.
Disclaimer of Warranty
You acknowledge and agree that you assume full responsibility for your use of the website and the products and Services offered on the website. You expressly understand and agree that your use of the Website, or any material, products or Services available through the Website, is at your own risk. BLACK and its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, successors, and assigns do not warrant that the Website in question will be uninterrupted, problem-free, free of omissions, or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Website. The content and function of the Website are provided to you “as is”, without warranties of any kind, either express or implied, including, but not limited to, warranties of title, merchantability or fitness for a particular purpose or use.
To the maximum extent permissible by law, you agree to defend, indemnify, and hold harmless BLACK and its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, successors, and assigns from and against any
claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable legal fees and costs arising out of or relating to your breach of these Terms or your use or misuse of the Website or Services, including, but not limited to, your User Content, third-party sites, any use of the Website’s content, Services, and products other than as expressly authorized in these Terms.
Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL BLACK NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, OR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THESE TERMS; YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE; ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES; ANY TRANSACTION CONDUCTED IN CONNECTION WITH THE WEBSITE; OR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF BLACK AND ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS RELATING TO THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WILL BE LIMITED TO AN AMOUNT GREATER OF ONE DOLLAR OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO BLACK PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
The formation, interpretation, and performance of these Terms and any disputes arising out of these Terms shall be governed by the substantive and procedural laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Ontario, Canada, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to these Terms. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Should any provision or part of any provision of these Terms be deemed invalid by any court, that provision, or portion of the provision, shall be severed and the remaining provisions shall remain intact with the necessary amendments.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the failure by us to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If you would like to contact us to understand more about these Terms or wish to contact us concerning any matter relating to the Website, you may send an email to firstname.lastname@example.org
This document was last updated on Wednesday, August 4, 2022 .