TERMS AND CONDITIONS AGREEMENT

These Terms of Use (“Agreement”) is entered into by Black Collar, LLC (“Company”) and you (“Client”), as either a user of this web site (“Website”; www.blackcollardesign.com), or a client who has ordered or purchased any services (“Services”) from the Company.  Client agrees to be bound by this Agreement for the duration of their relationship with Company.  If you object to anything in this Agreement, the Black Collar Privacy Policy, or any other contractual document required by Company, do not use the Web Site or the associated Services. The Terms of Use are subject to change by Black Collar, LLC at any time, effective upon posting to the Website, and your use of the Services after such posting will constitute acceptance by you of such changes.  Clients with whom Company has Service Agreements beyond the Terms and Conditions listed here will receive notification of any change to this Agreement.

Eligibility

Use of Company Services is void where prohibited. By using the Services, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of Services does not violate any applicable law or regulation; (d) You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Registration for, and use of, the Service is void where prohibited. To the extent that the Service is not legal in your jurisdiction, you may not use the Services. The Service may not be used where prohibited by law.

Exclusive Use

Any credentials (account information and/or passwords) issued to Client or Client’s employees are for their individual use only, and should not be shared among users.  You may not transfer or otherwise authorize use of your account to any other person or entity.  You acknowledge that Black Collar, LLC is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.

Geographic Limitations

Services are intended for use within the United States and in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws.

Content, Copyrights and Trademarks

Company does not claim and ownership rights in the text, images, photos, or any other materials (collectively “Content”) posted or uploaded by Client to any website hosted by Company, but reserves exclusive rights to all Content on http://blackcollardesign.com, any related website, or any materials distributed by Company.

Clients represents and warrants that: (a) Client owns the content posted on or through Company’s Services, or otherwise has the right to grant the license set forth in this section. (b) Posting of said Content does not violate privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other rights of any person or entity. (c) Client agrees to pay for all royalties, fees, or any other compensation owing any person or entity by reason of any content posted by Client on or through this Website or any Service offered by Company. (d) Client agrees that Content is not pornographic, hate-related or otherwise violent in content. (e) Client agrees that they have complied and will continue to comply with all applicable local, state and federal laws, statutes, ordinances, and regulations pertaining to the use of these Services.

Client agrees that Company may use Clients name and logo in marketing materials, presentations, and other publicity related materials.

Indemnity

Client agrees to indemnify, defend and hold Black Collar, LLC, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Client’s use of the Website, or any Services not covered explicitly in any other agreement.

Warranties and Guarantees

WEBSITE, HOSTING, DESIGN, AND OTHER SERVICES ARE OFFERED “AS IS”, AND COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO PROMOTION, REVENUE, LINKS, SEARCH, REFERRALS, AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, REPRESENTATION, COMPATIBILITY, RELIABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.   

Force Majeure

Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.

Confidentiality

Client agrees not to disclose Black Collar, LLC Confidential Information without Company’s prior written consent. "Black Collar, LLC Confidential Information" includes without limitation all Company software, technology, programming, specifications, materials, guidelines and documentation relating to the Services we offer, or any agreements between Company and Client.