This agreement describes the terms and conditions applicable to your use of all services ("services") from Black011 website (“website” or "site” - www.Black011.com). “Black 011” is a trademark owned by SDI, Inc. (“SDI”). SDI Black 011, LLC markets and sells prepaid voice solutions nationwide. You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this agreement, as well as any additional rules or policies that are or may be published by Black011 (“Black011”) from time to time. This agreement in addition to any other rules and policies, make up the complete and exclusive agreement between you and Black011 regarding your use of the services, and supersede and govern all prior proposals, agreements, or other communications. We may amend this agreement at any time by posting the amended terms on the site. Unless otherwise stated, all amendments will be effective immediately upon posting on the site. This agreement may not be otherwise amended except in a writing signed by both parties. The completion of any purchase transaction or recharge of services from the site will imply the retailer's full compliance with the terms and conditions.
Whenever you provide us information on our site, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, Black011 may without notice suspend or terminate your access to our site and refuse any and all current or future use of our site (or any portion thereof). If any of the information provided is not valid, any and all claims against Black011 or any of the parties involved in Black011’s services will be waived and all legal action will not be valid.
If any portion of our site requires you to register or open an account you may also be asked to choose a password and a user name, please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify Black011 of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which Black011 may otherwise have, Black011 reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the site and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, Black011 may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Black011 be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Black011 under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else's account at any time, without the permission of the account holder.
The security of your personally identifying information is important to us. While there is no such thing as "perfect security" on the internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the site is invulnerable to all security breaches, and that Black011 makes no warranty, guarantee, or representation that use of any of our site is protected from viruses, security threats or other vulnerabilities.
You agree to preserve the password confidentiality. In case of loss, theft or any fact which might affect such confidentiality, you must notify Black011 immediately so that measures to block access to the site and prevent any un-authorized use can be taken. Until such time that Black011 is notified, we shall be exonerated of any liability for transactions conducted during that period of time.
The retailer expressly accepts to legally equate the use of passwords established in previous paragraphs above to his acceptance, so that transactions carried out in any case shall be considered valid and will be understood to have been made by the retailer. Without prejudice to the foregoing, Black011 may require whenever it deems necessary, to contrast and verify the user identification data through any means which we find necessary and/or appropriate. Black011, after notifying the retailer, may change the authentication mechanisms described, to be applied to technological developments or new access channels and use of the site.You acknowledge that Black011 may establish general practices and limits concerning use of the site, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by the site, the maximum number of email messages that may be sent from or received by an account on the site, , the maximum disk space that will be allotted on Black011´ servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the site in a given period of time. Your use of this site constitutes your consent to allow Black011 to store electronic communications on its servers. You agree that Black011 has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the site. You acknowledge that Black011 reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Black011 reserves the right to modify these general practices and limits from time to time.
This site is only available to retailers who can form legally binding contracts under applicable law. The site and the services are not available to minors under the age of 18 under any circumstances. If you do not wish to use our services, please do not use the web site. Black011 may refuse services to anyone at any time, at our sole discretion. To be an eligible user of Black011 site and the services you as the user must provide Black011 with your legal first and last name, tax ID and /or reseller ID number, billing address, city, state, country, postal code, and e-mail address. Should you knowingly falsify any of the required, your account shall be terminated immediately with or without prior notice.
There are two different account types:
Prepay account: there are two different types of prepay accounts: | Prepay credit card: this account does not demand an initial payment but does need a deposit in order for sales to be done. The limit thereinafter would be the Prepay Posting Limit set for the account. Prepay ACH: initial payment cannot exceed $200 and you cannot make another payment until 3 to 4 business days. After initial payment, your account has no limit. A prepay account can only be approved for ACH by the account’s agent or distributor.Both accounts require an initial deposit to be made. The maximum amount that can be deposited (prepay posting limit) is set by the agent/distributor.
ACH account: This account requires that the retailer to fill out an ACH (automatic clearing house) form which authorizes Black011 to debit the amount owed every week. The balance due would be debited from the checking account provided on the form. In order to validate the account number provided, the retailer must provide a copy of a voided check. If there are no sales and there is no balance due, there will be no debit for that period.
All transactions involving the collection of money are done by SDI BLACK 011, LLC.
Your account balance reflects the amount that you have to make sales. Once the account balance reaches $0, you will not be able to make any further transactions. All charges incurred will be deducted automatically from your account. You should take reasonable efforts to safeguard your account at all times.
A one-time $25 fee will be charged for every time a payment bounces. Please make sure that the account info for ACH accounts is provided correctly and make sure that there are enough funds to cover the balance due before it is debited from account.
All transactions involving sales on our site are final, this means that they cannot be voided or refunded once processed. Only under certain extenuating circumstances will a refund be considered. If approved, the credit will be given as a discount on the upcoming posting date.
If at any moment an account is not being used and will be deactivated and there is a balance, it will be forfeited at the moment of closing the account.
When disputing a transaction, you must provide details for the transaction that are disputing. Once we have received this information, we will begin investigating your claim. The results of the investigation will determine the decision taken towards a solution for the dispute. All information provided must be true, if there is any evidence that points towards the claim being false, it will be dismissed immediately a and no resolution will be provided.
Black011 does not warrant that information, graphic depictions, product and service descriptions or other content of the sites is accurate, complete, reliable, updated, current, or error-free. Despite our efforts, it is possible that a price for a product or service offered on the site may be inaccurate or the product or service description may contain an inaccuracy. In the event Black011 determines that a product or service contains an inaccurate price or description, Black011 reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order, unless prohibited by law. Black011 may make improvements or changes to any of its content, information products, services, promotions or programs described on the sites at any time without notice. You agree to notify Black011 immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the sites and comply with any corrective action taken by Black011.
1. | Retailer acknowledges that some of the Products available on the Portal and the Site are provided by third parties, including without limitation domestic mobile top-up and international mobile top-up (collectively, “Third Party Products”). The Third Party Products, as well as the telecommunication and other services underlying the Third Party Products, are provided by third party companies and operators in various countries that are not affiliated with SDI BLACK 011, LLC (collectively, “Third Party Operators”). Retailer acknowledges that SDI BLACK 011, LLC merely distributes the Third Party Products.
2. | SDI BLACK 011, LLC makes no representation that the Third Party Products are available for use in any particular location. SDI BLACK 011, LLC reserves the right to remove or add any Third Party Products at any time without notice.
3. | The terms of use, charges, fees, taxes, credits and expiration policies for the Third Party Products are established and provided by the Third Party Operators. SDI BLACK 011, LLC shall not be liable for the acts or omissions of the Third Party Operators. SDI BLACK 011, LLC will not be liable for any disruption, delay or other omissions in the telecommunication and other services underlying the Third Party Products. Third Party Operators may charge fees which will alter the amount of service received by the customer. For complete details and Terms and Conditions, please have customer contact their carrier’s customer service.
4. | All purchases of Third Party Products from the Portal or Site are final and may not be exchanged, canceled or refunded, except by the applicable Third Party Operator.
5. | Retailer expressly acknowledges that the Third Party Products are provided “AS IS” and “AS AVAILABLE” with no warranties of any kind. SDI BLACK 011, LLC does not make any warranties, claims or representations to you or to any third party, whether express, implied or statutory, regarding the Third Party Products and the telecommunication services underlying them, including, without limitation, warranties or conditions of quality, performance, suitability, durability, title, non-infringement, merchantability, completeness of fitness for use for a particular purpose. All such warranties are hereby expressly excluded and disclaimed and you hereby waive and release SDI BLACK 011, LLC from all such warranties of any nature.
6. | The Portal may contain links to third party web sites (the “Linked Sites”). The Linked Sites are not under SDI BLACK 011, LLC’s control and SDI BLACK 011, LLC is not responsible for the content of any Linked Site, whether or not SDI BLACK 011, LLC is affiliated with the sponsor of the Linked Site. Retailer is responsible for reading and following the terms of use and privacy policy of any Linked Site.
7. | SDI BLACK 011, LLC IS NOT RESPONSIBLE FOR ANY TRANSMISSION OR PRODUCTS RECEIVED FROM ANY LINKED SITE, NOR IS SDI BLACK 011, LLC RESPONSIBLE IF THE LINKED SITE OR ANY PRODUCT FEATURED ON THE LINKED SITE IS NOT FUNCTIONING, IS DAMAGED OR IS UNAVAILABLE. SDI BLACK 011, LLC SHALL NOT BE RESPONSIBLE FOR SLOWER ACCESS SPEEDS WHILE LINKING TO OR VISITING THIRD PARTY SITES (ACCESS SPEEDS MAY VARY). ANY DELIVERY OF/AND PAYMENT FOR GOODS AND SERVICES, ANY WARRANTIES OR ANY OTHER TERMS OF USE FOR A LINKED SITE.
Trademarks (including but not limited to Black011) that are used or displayed on the sites are owned by Black011 intellectual property or by third parties other than Black011 that offer and provide products and services on or through the sites. The trademarks of Black011 intellectual property may not be copied or used, in whole, partial or modified form, without the prior written permission of Black011 intellectual property or, if applicable, its licensor. In addition, Black011 custom graphics, logos, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole, partial or modified form, without the prior written permission of Black011 intellectual property. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Black011. You may not use any meta tags or any other "hidden text" utilizing a Black011 name, trademark, or product name without Black011’s express written consent.
Purchases and/or recharges may be made through the site. These purchases and/or recharges may be made by individuals of legal age as long as they can make the purchase, payment or recharge of a service with a credit/debit card. Retailers must directly register as users in order purchase and/or recharge a service through the site. Black011 will retain records supporting every purchase, transaction or recharge done on through the site. Should the retailer want to obtain or access these records, they can do so on our site or by contacting customer service. In order to protect Black011 and its retailers from fraudulent activity, we may implement reasonable procedures regarding any online orders including but not limited to validating information provided or limiting the amount of equipment (e.g. Wireless phones) and/or services that may be ordered online by a single individual or entity. Black011 reserves the right to further limit quantities or to cancel or reject orders in its sole discretion.
Without limiting any other remedies Black011 may terminate or suspend your account and status as a registered-user if you misuse your account or any services. Black011 reserves the right to suspend your account if fraudulent activity is detected.
You agree to use our site and the available services (whether provided by us or others), as well as any software provided in connection with the site, in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to our site, related software, or content, nor will you use our site or related software to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use our site in any manner that: Is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive;1. | is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
2. | infringes someone else's patent, trademark, trade secret, copyright or other intellectual property or other rights;
3. | removes any proprietary notices or labels on the Content;
4. | advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;
5. | is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
6. | specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
7. | constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
8. | interferes with others using the Sites;
9. | is off-topic according to the description of the group, forum or webpage;
10. | contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
11. | contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme;
12. | Disrupts, interferes or inhibits any other user from enjoying the Sites or other affiliated or linked websites, material, contents, products and/or services.
13. | uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site, products and/or services;
14. | creates a false identity for the purpose of misleading others;
15. | prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;
16. | uses any BLACK011 domain name as a pseudonymous return email address;
17. | contains any offer for unsolicited goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose (e.g., classified bulletin board);
18. | provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
19. | attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any Content or the Sites;
20. | reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the Sites or Content, use of the Sites, or access to the Sites;
21. | publishes, publicly performs or displays, or distributes to any third party any Content, including reproduction on any computer network or broadcast or publications media;
22. | systematically collects and uses any Content including the use of any data mining, or similar data gathering and extraction methods;
23. | makes derivative uses of the Sites or the Content;
24. | uses, frames, or utilizes framing techniques to enclose any portion of the Sites (including the images found at the Sites or any text or the layout/design of any page or form contained on a page); and/or
25. | Modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate our site. For purposes of these terms, "reverse engineering" shall include the examination or analysis of the site to determine the source code, structure, organization, internal design, algorithms or encryption devices of our site's underlying technology.Modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate our site. For purposes of these terms, "reverse engineering" shall include the examination or analysis of the site to determine the source code, structure, organization, internal design, algorithms or encryption devices of our site's underlying technology.Unless you are participating in an area of the Site that requires or encourages anonymity, we encourage you to use your real name.
You agree that Black011 may immediately terminate or suspend your account, any associated email address, and access to all or any part of the sites or change your password without notice. Cause for such termination, suspension or change shall include, but not be limited to, (a) breaches or violations of these terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the sites (or any part thereof,) (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your account includes (or, if Black011 elects instead to suspend your account, may include any one or more of the following) (a) removal of access to all offerings within the sites, (b) deletion of your password and all related information, files and other content associated with or inside your account (or any part thereof) and (c) barring of further use of the sites.
You agree that all terminations and suspensions for cause shall be made in Black011’s sole discretion and that Black011 shall not be liable to you or any third party for any termination or suspension of your account, loss of storage, any associated email address, or access to the sites (the suspension of the user to use the site will not result in any indemnity whatsoever in favor of the affected users). Further, Black011 reserves the right, to immediately terminate or suspend your account, any associated email address, and access to the sites at any time for any reason and without notice to you in its sole discretion. Black011 reserves the right to temporarily or permanently suspend the use of the site to those users who do not meet the obligations assumed under the general conditions or who are in any of the following circumstances (a) if Black011 has knowledge, or concerns of any unauthorized use by the user at the site, (b) if the user is registered by a computerized procedure to send information without being identified and (c) if the user is knowingly involved in any fraudulent activity.
- To guarantee the veracity and accuracy of the recorded data, as well as to provide timely changes to billing information, account information and any relevant information, so that they remain updated at all times.
- Protect their user account in order to prevent any attempt to modify or compromise the security or functionality of the site.
- Properly use the username and password or secret password.
- Not to use any practice that could be considered as "spamming" or "unsolicited commercial communications" electronically, defined as sending email or other means of electronic communication to third persons who have not expressly requested information, as well as messages in newsgroups (newsgroups), discussion groups (forums), bulletin boards or chat rooms.
- Not to use the site to undertake any action covered in a strained interpretation or unique to these terms and conditions or not in line with the general principles of trust or good faith.
All communications between the parties relating to this document or deriving thereof shall be duly understood when carried out via email, fax, email or analogue electronic means which the parties expressly accepted as valid. Any modification of address, telephone number or mobile number and email indicated by the user will have no effect if the customer does not make Black011 aware of these changes.
These general conditions, all specifications (features, prices, schedules, etc.) about products and services for sale on the site, as well as the content of the site, may be modified by Black011 at any time without prior notice to users.
Transactions conducted on the site that are under a secure SSL session will be encrypted to protect the user information. The site is under constant surveillance in order to safeguard our users from being victims of any fraudulent activity. Violating the security of our site is prohibited and may result in criminal and civil liability. Black011 may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the site or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
You agree to release, indemnify, defend and hold harmless Black011, its subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "claims") due to or arising out of your use of or conduct on this web site or the services. Black011 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, the customer shall have no further obligation to provide indemnification for such matter. Black011 will not be liable to pay to the customer for any third party claims towards the customer’s bill.
Unless expressly and specifically stated otherwise on the site, Black011 provides this site for use only by persons located within the United States. Certain subsidiaries or affiliates of Black011 only provide certain regulated telecommunications and other services in certain portions of the United States. Black011 makes no representation that all products, services and/or material described on the site are appropriate or available for use in locations outside the United States or all territories within the United States. Those who choose to access our site from other locations do by on their own initiative and are responsible for compliance with local laws. Certain companies affiliated with Black011 provide services and operate websites in various other countries throughout the world, some of which websites may be linked to from our site. Any such international websites will be governed by their own terms of use and privacy policies and not by these terms.Unless expressly and specifically stated otherwise on the site, Black011 provides this site for use only by persons located within the United States. Certain subsidiaries or affiliates of Black011 only provide certain regulated telecommunications and other services in certain portions of the United States. Black011 makes no representation that all products, services and/or material described on the site are appropriate or available for use in locations outside the United States or all territories within the United States. Those who choose to access our site from other location`s do so by their own initiative and are responsible for compliance with local laws. Certain companies affiliated with Black011 provide services and operate websites in various other countries throughout the world, some of which websites may be linked to from our site. Any such international websites will be governed by their own terms of use and privacy policies and not by these terms.
By providing the required information and using the services, I do hereby agree to and accept the terms and conditions contained in this web site. I certify to the truth and accuracy of the information I submit to Black011 and authorize Black011 to obtain any credit/debit information and/or other information that it may deem necessary to approve and provide the services. I agree to keep all account and billing information accurate and current.Registration processing may take up to two (2) business days pending verification and credit approval. All rates are inclusive of applicable taxes and Universal Service Fund charges. I understand that pre-payments must be made by credit or debit card (American Express, Visa or MasterCard), and/or ACH against my bank account. I also understand the payment plan and grant authorization to Black011 to determine how and when my credit or debit card will be billed (see pre-authorization above). I agree to refer to the website for information on billing inquiries. If credit card payments have been declined for any reason, I agree and understand that Black011 can suspend services for nonpayment without prior written or verbal notification. I understand that Black011 will notify me through its website or via e-mail for any issues related to my account. I agree to refer to the Black011 website for information related to current rates, terms and conditions or changes to my account status. Black011 reserves the right to assess late fee of 1.5% per month (or whatever highest amount is permitted by law) on any past due balance. I agree to be responsible for all court costs, expenses and attorney fees related to collection of my outstanding past due balance. The long distance rates are for domestic (U.S.) and international long distance services only. Although the quoted rates are not intended to be temporary or promotional, Black011 reserves the right to modify its rates, without notice, as market conditions warrant. Calls originating from a payphone will be charged an additional 69¢ per call. Calls to directory assistance (1 + area code + 555-502) will be charged an additional $1.50 per call. I further certify that I read, understand and accept this disclaimer's terms and conditions, both expressed and implied, without exception.
The retailer undertakes to make proper use of the rendered services pursuant the current legislation, public policy, the principles of good faith and to refrain from carrying out behavior that violate the rights of third parties. The breach, of the aforementioned obligations will result in automatic suspension of service.
Black011 will not be liable for any damages or losses that may result from interference, omissions, interruptions, computer viruses or disconnections in the site for any reason, including reasons beyond Black011's fault, as well as damages caused by third parties through illegitimate intromissions beyond the control of Black011 and does not guarantee in any way that the site will operate on a permanent basis and trouble-free. The retailer assumes full responsibility for the interpretation and use of information contained in the site.
Black011 shall govern the registration, processing and data protection by the laws of the United States when services are acquired.
IN NO EVENT SHALL BLACK011, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF BLACK011 OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BLACK011 UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Black011 reserves the right but does not assume the obligation to strictly enforce these terms, including without limitation by issuing warnings, suspension, or termination of access to the sites and/or services, and/or by removing, screening, or editing of content, or by engaging in self-help and active investigation, litigation and prosecution in any court or other appropriate venue.
Black011 may access, use, and disclose transaction information and any content provided by you to comply with the law (e.g., a lawful subpoena) or based on Black011´ reasonable judgment that disclosure is necessary, or to enforce or apply our agreements (including these terms), to initiate, render, bill, and collect for services, to protect our rights or property, or to protect users of Black011´ services, the site and other persons or entities from fraudulent, abusive, or unlawful use of the site or any such services. Indirect, attempted or actual violations of these terms or any related policy by you or any third- party on your behalf shall be considered violations of these terms by you.
Black011´ s 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 these terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the terms and shall not affect the validity and enforceability of any remaining provisions. These terms shall be governed and construed in accordance with the laws of the state of New York applicable to agreements made and to be performed in New York. You agree that any legal action or proceeding between Black011 and you for any purpose concerning these terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York.
This document and its execution (with exception in regard to conditions for which the same otherwise provided) shall be governed by the laws of the state of New York and applicable federal agencies including but not limited to the Federal Trade Commission and the Federal Communications Commission.Black011.com is operated by SDI Black 011, LLC. (“SDI Black 011, LLC”). SDI Black 011, LLC obtains the services offered on this site from its network of domestic and international telecommunications carriers.
Retailer (including collecting sales tax) and/or End User is responsible for all applicable taxes , duties and fees that are levied in connection with the performance of its obligations hereunder (other than any taxes on SDI Black 011's income) and SDI Black 011 shall have no liability therefor.
