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THE FOLLOWING DESCRIBES THE TERMS ON WHICH 4BLACKBUSINESS.COM OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the user agreement (the "Agreement" or "User Agreement") for
4blackbusiness.com, Inc. This Agreement describes the terms and conditions
applicable to your use of our services available under the domain of
www.4blackbusiness.com and the general principles for the websites of our
affiliates. If you do not agree to be bound by the terms and conditions of
this Agreement, do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained
in this User Agreement, which include those terms and conditions expressly set
out below and those incorporated by reference, before you may become a member
of 4blackbusiness.com, Inc.
We may amend this Agreement at any time by posting the amended terms on the
Site. Except as stated below, all amended terms shall automatically be effective
30 days after they are initially posted on the Site. In addition, we will notify
you in accordance with your Notification Preferences. This Agreement may not be
otherwise amended except in a writing signed by you and 4blackbusiness.com, Inc.
This Agreement is effective upon acceptance in registration for new registering
users, and is otherwise effective on June 1st , 2005 for all users.
Last Revision: July 14, 2005
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Our services are available only to, and may only be used by individuals who
can form legally binding contracts under applicable law. Without limiting the
foregoing, our services are not available to children (persons under the age
of 18) or to temporarily or indefinitely suspended 4blackbusiness.com, Inc
members. If you are a under the age of 18, you can use this service only in
conjunction with, and under the supervision of your parents or guardians. If
you do not qualify, please do not use our Site. If you are registering as a
business entity, you represent that you have the authority to bind the entity
to this Agreement.
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We charge fees for listing items for sale through our Site and when you list
an item you have an opportunity to review and accept the fees that you will be
charged. We may change our fees for our services from time to time. They
however will not affect prior listings to disclosure of new fee structure.
However, we may choose to temporarily change our Fees and the fees for our
services for promotional events (for example, free listing days) and such
changes are effective when we post the temporary promotional event on the
Site. We may in our sole discretion change some or all of our services at any
time. In the event we introduce a new service, the fees for that service are
effective at the launch of the service. Unless otherwise stated, all fees are
quoted in U.S. Dollars. You are responsible for paying all fees associated
with using our service and the Site and all applicable taxes.
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4blackbusiness.com, Inc. is an Online Advertiser. We are not an Auctioneer.
We take no responsibility in sales and purchases
made by individual buyers and sellers. Instead, the Site acts as a venue to
allow anyone to offer, sell, and buy just about anything, at anytime, from
anywhere, in a variety of pricing formats set by the seller. We are not
involved in the actual transaction between buyers and sellers. As a result,
we have no control over the quality, safety or legality of the items
advertised, the truth or accuracy of the listings, the ability of sellers to
sell items or the ability of buyers to pay for items. We cannot ensure that a
buyer or seller will actually complete a transaction.
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We use many techniques to verify the accuracy of the
information our users provide us when they register on the Site. However,
because user verification on the Internet is difficult, 4blackbusiness.com,
Inc cannot and does not confirm each user's purported identity. We also
encourage you to communicate directly with potential trading partners through
contact information the seller has provided on the classified description.
You may also wish to consider using a third party escrow service or services
that provide additional user verification.
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Because we are a venue, in the event that you have a dispute with one or
more users, you release 4blackbusiness.com, Inc (and our officers, directors,
agents, subsidiaries, joint ventures and employees) from claims, demands
and damages (actual and consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out
of or in any way connected with such disputes.
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We do not control the information provided by other users that is made available
through our system. You may find other user's information to be offensive,
harmful, inaccurate, or deceptive. Please use caution, common sense, and practice
safe trading when using the Site. Please note that there are also risks of
dealing with underage persons or people acting under false pretense. Additionally,
there may also be risks dealing with international trade and foreign nationals.
By using this Site, you agree to accept such risks and 4blackbusiness.com, Inc is
not responsible for the acts or omissions of users on the Site.
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You must be legally able to list the company(s) you list for advertise on the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sales of that company. All listed companies must be listed in an appropriate category.
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Without limiting any other remedies, 4blackbusiness.com, Inc may suspend or
terminate your account if we suspect that you (by conviction, settlement,
insurance or escrow investigation, or otherwise) have engaged in fraudulent
activity in connection with the Site.
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Customers are not to infringe upon the copyright, trademark or
other rights of third parties.
Solely to enable 4blackbusiness.com to use the information you supply us with,
so that we are not violating any rights you might have in that information, you
agree to grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicensable (through multiple tiers) right to exercise the
copyright, publicity, and database rights (but no other rights) you have in
Your Information, in any media now known or not currently known, with respect
to Your Information. 4blackbusiness.com will only use Your Information in
accordance with our Privacy Policy.
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You may not manipulate the listing or interfere with other user's listings or transactions.
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"Your Information" is defined as any information you provide to us or other
users in the registration, or listing process, in any public message area
(including the community events bulletin) or through any email feature. You
are solely responsible for Your Information, and we act as a passive conduit
for your online distribution and publication of Your Information.
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Your Information (or any items listed) and your activities
on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent
or involve the sale of counterfeit or stolen items; (c) infringe any third
party's copyright, patent, trademark, trade secret or other proprietary rights or
rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation
(including, but not limited to, those governing export control, consumer protection,
unfair competition, antidiscrimination or false advertising); (e) be defamatory,
trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or
contain child pornography or, if otherwise adult in nature or harmful to minors,
shall not be posted, uploaded, or advertised on 4blackbusiness.com; (g) contain
any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other
computer programming routines that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal information;
(h) create liability for us or cause us to lose (in whole or in part) the services
of our ISPs or other suppliers; and (i) link directly or indirectly to or include
descriptions of goods or services that: (aa) are prohibited under this Agreement;
(bb) are identical to other items you have up for auction but are priced lower
than your item's reserve or minimum bid amount; (cc) are concurrently listed for
sale on a web site other than 4blackbusiness.com's (this does not prevent
linking to or advertising an 4blackbusiness.com item from another web site); or
(dd) you do not have a right to link to or include. Furthermore, you may not list
any item on the Site (or consummate any transaction that was initiated using our
service) that, by paying to us the listing fee or the final value fee, could
cause us to violate any applicable law, statute, ordinance or regulation, or
that violates our current policies.
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The Site contains robot exclusion headers. Much of the information on the Site
is updated on a real time basis and is proprietary or is licensed to
4blackbusiness.com by our users or third parties. You agree that you will not
use any robot, spider, scraper or other automated means to access the Site for
any purpose without our express written permission. Additionally, you agree
that you will not: (i) take any action that imposes, or may impose in our sole
discretion an unreasonable or disproportionately large load on our
infrastructure; (ii) copy, reproduce, modify, create derivative works from,
distribute or publicly display any content (except for Your Information) from
the Site without the prior expressed written permission of 4blackbusiness.com
and the appropriate third party, as applicable; (iii) interfere or attempt to
interfere with the proper working of the Site or any activities conducted on the
Site; or (iv) bypass our robot exclusion headers or other measures we may use
to prevent or restrict access to the Site.
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Without limiting other remedies, we may limit your activity, immediately
remove your bids or item listings, warn our community of your actions,
issue a warning, temporarily suspend, indefinitely suspend or terminate
your membership and refuse to provide our services to you if: (a) you breach
this Agreement or the documents it incorporates by reference; (b) we are
unable to verify or authenticate any information you provide to us; or (c)
we believe that your actions may cause financial loss or legal liability
for you, our users or us.
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We do not sell or rent your personal information to third parties for their
marketing purposes without your explicit consent and we only use your
information as described in the Privacy Policy. We view protection of
users' privacy as a very important community principle. We understand
clearly that you and your information is one of our most important
assets. We store and process your information on computers located in
the United States that are protected by physical as well as
technological security devices. We use third parties to verify and
certify our privacy principles. If you object to your Information being
transferred or used in this way please do not use our services.
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WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE
OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS,
IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND
OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some states do not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you specific legal rights
and you may also have other legal rights that vary from state to state.
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IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR
SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS
AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS
LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS
PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
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.
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You agree to indemnify and hold us and (as applicable) our parent, subsidiaries,
affiliates, officers, directors, agents, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party due to
or arising out of your breach of this Agreement or the documents it incorporates
by reference, or your violation of any law or the rights of a third party.
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You shall comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of our service and sales of any
product or item through our service.
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You and 4blackbusiness.com are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship is intended
or created by this Agreement.
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Except as explicitly stated otherwise, any notices shall be given by
4blackbusiness.com. Notice shall be deemed given 24 hours after email is sent,
unless the sending party is notified that the email address is invalid.
Alternatively, we may give you notice by certified mail, postage prepaid and
return receipt requested, to the address provided to 4blackbusiness.com during
the registration process. In such case, notice shall be deemed given 3 days
after the date of mailing.
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In the event a dispute arises between you and 4blackbusiness.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and 4blackbusiness.com agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. Back To Top
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For any Claim (excluding Claims for injunctive or other equitable relief) where
the total amount of the award sought is less than $10,000, you or 4blackbusiness.com
may elect to resolve the dispute through binding arbitration conducted by telephone,
on-line and/or based solely upon written submissions where no in-person appearance
is required. In such cases, the arbitration shall be administered by the American
Arbitration Association or JAMS in accordance with their applicable rules, or any
other established ADR provider mutually agreed upon by the parties. Any judgment on
the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located
in Franklin County, Ohio or where the defendant is located (in our case Columbus, Ohio, and in
your case your home address or principal place of business). You and 4blackbusiness.com
agree to submit to the personal jurisdiction of the courts located within the county of Franklin, Ohio.
All Claims (excluding requests for injunctive or equitable relief) between the parties
must be resolved using the dispute resolution mechanism that is selected in accordance
with this Section by the first party to file a Claim. Should either party file an action
contrary to this Section 19, the other party may recover attorneys' fees and costs up to
$1000, provided that the party seeking the award has notified the other party in writing
of the improperly filed Claim, and the other party has failed to withdraw the Claim.
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Our policies may be changed from time to time and are effective immediately after
we post the changes on the Site, except for the Privacy Policy for which we will
provide you with thirty days prior notice. In addition, when using particular
services on the Site, you agree that you are subject to any posted policies or rules
applicable to services you use through the Site, which may be posted from time to
time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
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This Agreement shall be governed in all respects by the laws of the State of Ohio
as such laws are applied to agreements entered into and to be performed entirely
within Ohio between Ohio residents. We do not guarantee continuous, uninterrupted
or secure access to our services, and operation of the Site may be interfered with
by numerous factors outside of our control. If any provision of this Agreement is
held to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. You agree that this Agreement and all
incorporated agreements may be automatically assigned by 4blackbusiness.com in
accordance with Section 17 "Notices", in our sole discretion; Headings are for
reference purposes only and in no way define, limit, construe or describe the scope
or extent of such section. Our failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent or similar
breaches. This Agreement sets forth the entire understanding and agreement between
us with respect to the subject matter hereof. Sections 2 (Fees and Services) with
respect to fees owed for our services, 3.4 (Release), 6.3 (License), 7 (Access and
Interference), 12 (Liability Limit), 13 (Indemnity) and 17 (Resolution of Disputes)
shall survive any termination or expiration of this Agreement.
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The services hereunder are offered by 4blackbusiness.com Inc., located at
5121 E Main St Cols, OH 43213. If you reside outside of the United States,
the services are offered by www.4blackbusiness.com.
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