TERMS & CONDITIONS
These Terms and Conditions govern the use of www.Black-Owned-Business-Directory.com (“the website”) whether as a subscribed member or casual browser/supporter. The website is operated and managed by FIRST BLACK AMERICA (“FBA”).
FBA Business Directory Terms & Conditions Acknowledgment and acceptance of Terms and Conditions
Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability (“Terms and Conditions”). FBA reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.
Limitation of Liability
Any liability of FBA or any of FBA’s Associates in connection with services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of FBA be limited to the supplying of the services again.
The information contained on the website is provided by FBA in good faith. To the best of FBA’s knowledge, the information is accurate and current. However, FBA and its related bodies corporate, any of their directors, officers, employees, consultants or shareholders (“FBA’s Associates”) do not make any representation or warranty as to the accuracy or completeness of the information.
To the fullest extent permitted by applicable law, FBA disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. FBA makes no warranty that this website, any information or ideas contained on this website or any services will meet your requirements.
You expressly acknowledge and agree that FBA does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services used through this website, and FBA is therefore not liable for their opinions or their behavior, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.
You further acknowledge and agree that, subject to the section dealing with “Limitation of Liability”, FBA will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of services supplied to you, or on behalf of you, through the website.
Copyright in the www.Black-Owned-Business-Directory.com website is property of FBA. This agreement (“Terms and Conditions”) does not give you any intellectual property rights in the service and content nor does it make you the owner of the service and content, and it does not transfer or assign to you any right, title, interest or other propriety rights in the service and content.
In this agreement (“Terms and Conditions”), intellectual property includes the full benefit of any rights in any copyright, patent, trademark, registered design, trade and business names, agreements, inventions, discoveries and improvements and know-how and includes without limitation any artistic work, images, photographs, animations, video, audio, text, concept and programming and any adaptation of these included in the service.
These Terms and Conditions are governed by the laws in force in VIRGINIA, USA and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of VIRGINIA, USA and any courts, which may hear appeals from those courts.
The agreement comes into effect upon your payment of the service fee and continues until terminated pursuant to the terms and conditions of this agreement. The agreement shall be of 365 calendar days duration.
Provision of Service and Content
We provide you with the service and content on the terms and conditions set out in this agreement. Content is defined as text, images, graphics, maps or any other content on the www.Black-Owned-Business-Directory.com website. The service includes, where relevant, our website and its contents, anything streamed, downloaded, copied or installed from our website, data, text, graphics, art works, buttons, icons, logos, trademarks, help manuals, user guides, passwords and documentation.
The agreement grants to the account holder and authorized users, the non-exclusive and non-transferable right to access to the service and content for educational, research and other non-commercial uses only.
The account holder and authorized users may download or utilize a reasonable portion of the service and content from the website.
Where material is republished for non-commercial purposes, the account holder must attribute authorship and you agree to take all reasonable measures to prevent the service and content from further downloading, copying, capturing or being duplicated in any manner or form. Account holders and authorized users may, in accordance with the copyright law of the United States of America U.S.A. and subject to the terms of this agreement:
- Search, utilize, view, retrieve and display the service and content.
- Utilize or download lists or items of the service and content for personal use.
- Print off a copy of parts of the service and content.
- Distribute a copy of individual articles or items of the service and content in print or electronic form to other authorized users.
This agreement expressly forbids the use of any Spiders, Leeches or any other device or script that allows automated access of the service and content and expressly forbids the downloading, copying, capturing or being duplicated in any manner or form of the service and content in its entirety. The account holder and authorized users shall not use the service and content for spamming or of a ‘spamming’ nature.
The account holder & authorized users may not use the service and content for commercial purposes, including but not limited to the sale or lease of the service and content or bulk reproduction or distribution of the service and content in any form.
Violations of these terms may result in immediate suspension of the account holder’s access to the website at the discretion of FBA.
All care is taken to ensure that www.Black-Owned-Business-Directory.com websites and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.
Information you provide us
For FBA – www.Black-Owned-Business-Directory.com to process your subscription, we need information such as your name, email or contact number and payment details. Other information will also be collected with your permission from time to time. This will normally include preferences such as likes or dislikes.
What are Cookies?
Cookies are alphanumeric identifiers that are placed on your computer’s hard drive through your web browser.
Cookies enable our systems to recognize your browser and are required to access the website.
By disabling cookies, you will NOT be able to use www.Black-Owned-Business-Directory.com
Our cookies don’t send us back any information about your computer or any other information on your hard drive.
How do we use the information?
Information that you have provided us will be used in following ways:
- To enhance your experience using the service and content
- To communicate to you new services and also at times, the opportunity to up take on special promotions or offers. You have the option to opt-out of this communication by replying to the communication with an unsubscribe message or to change your preferences through My Account.
- To generate a holistic but anonymous view of the www.Black-Owned-Business-Directory.com customer base. This information will allow us to analyse trends and demographics to help www.Black-Owned-Business-Directory.com improve on the services provided.
- It is important to note that we only send periodical communications to people who have “opted in” to receive it. We do not set out to “spam” our members in any way and honor their right to privacy.
Disclosing Your Information
Third party companies and individuals have been engaged to perform functions on behalf of FBA. Functions such as credit card payment authorization, trend analysis, marketing and promotions, but all information will only be used to perform their appropriate functions and not for other usage.
FBA will pass on any information relating to suspected fraudulent activity to appropriate authorities.
Verification of Accounts
We do use various details to verify information given to us by our members. At times, we use:
- names on member accounts to compare with information on credit cards
- we use member phone numbers and email addresses provided to us to communicate with customers about payments
- we use member addresses to check against credit card billing addresses etc.
- in cases where fraud or other crime is suspected, we do communicate with Police, Banks and other relevant authorities
- Many of these checks are done manually and communication is handled carefully by a member of FBA’s own Customer Service team.
Lost login and Password details
All information is kept private. Many account holders often forget details such as their passwords, we provide a service to email the password to the account holder. As we do not store credit card details in our database, and do not have access to this information at all, even if your account is compromised, it should not result in financial loss.
All information submitted to www.Black-Owned-Business-Directory.com via our Payment Gateway is secured using 128 Bit Secure Sockets Layer (SSL) software via PayPal. Information sitting on the www.Black-Owned-Business-Directory.com website is protected by state-of-the-art encryption and firewall technology.
Accessing Your Information
Personal information provided by you can be viewed and changed by you if information provided is incorrect or out of date. www.Black-Owned-Business-Directory.com provides you with the following tools to manage your information, the tools will evolve as the www.Black-Owned-Business-Directory.com website evolves:
- My Account (To manage all personal details)
- If you need more assistance you can always contact our Customer Support team on +1 (757) 754 3123 between 9:00am – 5:00pm EST Monday to Friday (excluding public holidays), or email management (at) FirstBlackAmerica.com
Other Privacy information you should be aware of
Sign out or close your browser once you have finished browsing within www.Black-Owned-Business-Directory.com. This is to ensure that others cannot access your personal information and correspondence.
If you share a computer with someone or are using a computer in a public place like a library or Internet café. You as an individual are responsible for the security of and access to your computer.
You are solely responsible for maintaining the secrecy of your username and passwords and any account information. Please be careful and responsible whenever you are using the Internet and www.Black-Owned-Business-Directory.com
If you need more assistance you can always contact our Customer Support team on +1 (757) 754 3123 between 9:00am – 5:00pm EST Monday to Friday (excluding public holidays), or email management (at) FirstBlackAmerica.com.
As a www.Black-Owned-Business-Directory.com account holder, you are responsible for maintaining the confidentiality of your own membership account and password. You agree to take responsibility for all activities that occur under your account and password.
Promotions and Competitions
Other Terms and Conditions not listed herein and applying to www.Black-Owned-Business-Directory.com or FBA promotions and competitions are incorporated into these terms and conditions. Unless expressly stated, to the extent that the other Terms and Conditions are not incompatible with the Terms and Conditions herein, the other Terms and Conditions will be in addition to the terms & conditions herein. To the extent that the other Terms and Conditions are incompatible with the Terms and Conditions herein, the other Terms and Conditions shall prevail.
Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future against FBA and FBA’s Associates which relate to or are incidental to any transaction.
You agree to indemnify and hold FBA harmless from and against any and all claims, loss or expense that may be incurred by FBA or FBA’s Associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold FBA and FBA’s Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.
Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this website.