By using the Cablackbusinesslistings.com web site (“Service”), or any services of California Black Expo, LLC (“California Black Expo”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.
California Black Expo reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://cablackbusinesslistings.com/terms-of-use.
Violation of any of the terms below may result in the termination of your Account. You agree to use the Service at your own risk.
- Account Terms
- You must be 18 years or older to Create an account and use this Service.
- In order to list your business on, advertise on or submit articles to our site you must have a user account.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your account and password. California Black Expo cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for managing payment transactions on your own website. California Black Expo cannot and will not be liable for any loss or damage from your failure to manage your own payment transactions. Any disputes with users of your website are not the responsibility of California Black Expo and are solely the responsibility of you, the user of the Service.
- If you cancel the Service or cancel your website, it is your responsibility to cancel all member subscriptions. California Black Expo will not be held liable for ongoing payment transactions that occur after you cancel usage of the Service. It is your responsibility to ensure that when you cancel usage of the Service, that all your member’s payment transactions are canceled and that no future billings occur.
- The payment processing system may only be used for your membership subscriptions, lead purchases, or the purchase of other services that are fulfilled through the California Black Expo platform. The purchase of other 3rd party services that are not fulfilled through the California Black Expo platform (marketing services, subscriptions to other services or websites, advertising agreements, etc) cannot be charged through the payment processing system of your California Black Expo website. This is done to protect members, users, and website owners from credit card fraud and other potential financial damage.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have login access to your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
- Payment, Refunds, Upgrading and Downgrading Terms
- All plans must enter a valid credit card and a valid credit card must always be on file in order to keep the Service active.
- All costs and charges incurred in connection with your CA Black Business Listings account will be billed to the credit card designated during the registration process for the Account or subsequently designated by you to California Black Expo. If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without your authorization, you may change your credit card details by contacting email@example.com and requesting an update to your credit card on file.
- All plans will continue and renew automatically, unless properly cancelled (see Section C)
- If you initially sign up for a plan which includes a free or discounted trial period, and you do not cancel that account before the stated trial period expires, you will be billed for the full price of the plan starting on the day the trial period ends. If you cancel prior to the processing of your first invoice following the trial period, you will not be charged.
- An upgrade to any plan from an Account in a trial period will end your trial immediately. You will be billed for your first month immediately upon upgrading.
- To be fair to all users of the Service, all sales are final and refunds will not be issued. The Service is non-transferrable and non-refundable. The Service is billed in advance on a monthly, yearly, or otherwise defined term or period of time basis and is non-refundable.
- There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or for periods where the license holder did not use their account without cancelling the Service. In order to treat all users of the Service equally, no exceptions will be made.
- Promotions, discounts, deals, and/or additional offers may not be applied after a sale or transaction has been completed.
- All cost are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. An upgrade to any higher priced plan will immediately bill you for the prorated difference for the current billing cycle. If a plan downgrade causes a credit to your account, this credit will be used toward your next billing(s). This credit will not be refunded.
- Downgrading your Service may cause the loss of features or capacity of your Account. California Black Expo does not accept any liability for such loss.
- If a scheduled payment is missed or cannot be processed and remains past due, services may be stopped or cancelled and service cancellation notices may be sent via email to all email addresses associated with the account.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email request to cancel your account is required to cancel your Account and stop ongoing payments. Emails must be sent to firstname.lastname@example.org.
- In order to prevent fraud or accidental cancellations, additional security information may be required to protect you from falsified cancellations. And until such security information can be provided to verify your identity, your account and the Service will remain active.
- All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- California Black Expo, in its sole discretion, has the right to refuse service to current or future users of the Service, or any other California Black Expo service, for any reason at any time. Reasons for this may include but are not limited to:
- using the Service for illegal purposes or using the Service to post illegal content. In the event your account is terminated all content can be exported and provided to you. You may contact email@example.com to request an export of all your data if you are unable to export it yourself or if you need assistance.
- If a credit card dispute is opened for a payment made for The Service, or if a scheduled payment for The Service is stopped, cancelled or disputed, your account may be terminated immediately, access to The Service will be cancelled and all refund agreements will be voided.
- In the event of a credit card dispute, access to The Service will only be restored once one of the following occurs:
- The Merchant Provider of The Service has provided due notification that the credit card dispute has been resolved in full, and has provided The Service unrestricted access to the disputed funds.
- The full amount of the disputed credit card, plus any other costs due, plus any additional costs incurred by the Service as a result of the credit card dispute has been paid in full. Once The Merchant Provider of The Service has provided The Service unrestricted access to the disputed funds of the initial transaction, said funds will be refunded to the Customer via the standard refund procedure of The Merchant.
Modifications to the Service and Prices
- California Black Expo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan costs to the Service, are subject to change. Such notice may be provided at any time by posting the changes to CAblackbusinesslistings.com website or the Service itself.
- California Black Expo shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- Transferring of ownership and liability of your account for the Service is not possible. In order to prevent fraud or accidental ownership transfers, additional security information may be required to protect you from falsified transfers. And until such security information can be provided to verify your identity, your account and the Service will not be transferred to another party.
- California Black Expo, its successors or assigns will not be responsible if a third party user of your personal or business website disputes a charge to their credit card or files a chargeback claim on a payment made through your website using your default payment gateway. You will be liable to resolve this on your own.
- If a chargeback claim is won by California Black Expo, your Net Revenue Total will not be impacted.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your domain name, ideas and Content uploaded (including but not limited to videos, audio recordings, file attachments, and written text) remain yours. However, by setting your listings to be viewed publicly, you agree to allow others to view your Content.
- We claim no interest, vested interest, ownership, co-ownership, intellectual property rights, private benefit, or possession before, during, or after your use of the Service including but not limited to your domain name, ideas, financial gains, financial losses, investments, profits, content (including but not limited to videos, audio recordings, file attachments, and written text), business models, communications or recipients.
- In no way does using the Service define a legal partnership with California Black Expo including but not limited to co-ownership, ownership, partnership, or any other type of bounded legal interest including but not limited to intellectual property, financial gains, financial loses, profits, investments, content, liability, promises, damages, demands, claims, suits, or proceeding.
- California Black Expo does not pre-screen users of the Service, and allows anyone to use the Service, but California Black Expo has the right (but not the obligation) in its sole discretion to refuse or remove any users from using the Service.
- If a user or users of the Service infringe on the intellectual property rights of another user of the Service over the material that you provide to the Service including but not limited to your domain name, ideas, content (including but not limited to videos, audio recordings, file attachments, and written text), business models, communications, or recipients, you agree that California Black Expo assumes no liability, damages, interest, fault, and provides no warranty against this, and you waive any right to pursue any claim, demand, suit or proceeding against California Black Expo.
- California Black Expo is not affiliated with any users of the Service
- California Black Expo claims no relationship, association, or affiliation with users of the Service.
- Any information and opinions expressed by you, the user, through the Service, are solely those of the user and are not the opinions of California Black Expo, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS.
- California Black Expo does not pre-screen Content, but California Black Expo has the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Service.
- You shall defend California Black Expo against any claim, demand, suit or proceeding made or brought against California Black Expo by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify California Black Expo for any damages finally awarded against, and for reasonable attorney’s costs incurred by, California Black Expo in connection with any such claim, demand, suit or proceeding; provided, that California Black Expo:
- promptly gives You written notice of the claim, demand, suit or proceeding;
- gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases California Black Expo of all liability); and
- Provides to you all reasonable assistance, at your expense.
- You represent and warrant that:
- the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
- you agree to pay for all royalties, costs, and any other monies owed by reason of Content you post on or through the Service; and
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and may be available via email, phone or live text chat.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, California Black Expo, or any other California Black Expo services.
- You may use California Black Business listings solely as permitted and intended by California Black Expo to reflect your membership listings and marketing pages, and for no other purpose. You may not use California Black Expo in violation of California Black Expo’ trademark or other rights or in violation of applicable law. California Black Expo reserves the right at all times to reclaim any listings pages without liability to you.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by California Black Expo.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any California Black Expo customer, employee, member, or officer will result in immediate Account termination.
- Threats against employees: We cannot accept such behavior and regard it as a material breach of the Terms & Conditions of The Service which can lead to the immediate termination of your account for The Service and filing of a report with the relevant authorities. We aim to work with you in a professional, courteous and productive manner.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, or “spam” messages.
- You cannot create more listings than your plan includes.
- California Black Expo does not warrant that:
- the Service will meet your specific requirements,
- the Service will be uninterrupted, timely, secure, or error-free,
- the results that may be obtained from the use of the Service will be accurate or reliable,
- the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
- any errors in the Service will be corrected.
- You expressly understand and agree that California Black Expo shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if California Black Expo has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the Service;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the service;
- or any other matter relating to the Service.
- The failure of California Black Expo to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
The Terms of Service constitutes the entire agreement between you and California Black Expo and govern your use of the Service, superseding any prior agreements between you and California Black Expo (including, but not limited to, any prior versions of the Terms of Service).
You agree that these Terms of Service and Your use of the Service are governed under California law. Questions about the Terms of Service should be sent to firstname.lastname@example.org.
Accuracy and Availability of Information
The Site contains database information and other content compiled by California Black Expo. While we use commercially reasonable efforts to provide accurate information, California Black Expo gives no warranty as to the accuracy of the database and other content on the Site. California Black Expo reserves the right to withdraw or delete information or content from the Site at any time.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE CALIFORNIA BLACK EXPO PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE CALIFORNIA BLACK EXPO CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE CALIFORNIA BLACK EXPO PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE CALIFORNIA BLACK EXPO PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE CALIFORNIA BLACK EXPO PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE CALIFORNIA BLACK EXPO PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF CALIFORNIA BLACK EXPO’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE CALIFORNIA BLACK EXPO PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE CALIFORNIA BLACK EXPO PARTIES. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” CALIFORNIA BLACK EXPO IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Entire Agreement; Severability; No Waiver