Last Updated: March 2, 2022
Introduction.
Black Glass Consulting, LLC (“Black Glass”) provides to you this website (the “Site”) for your personal informational, educational, and entertainment use. The following Terms of Use govern your access and use of this Site. Please read these Terms of Use carefully before using this Site. Also, specific terms may apply to specific Content (as defined below) on or available through this Site and to specific content, data, materials, or information that you may upload, submit, and/or publish to the Site (“User Content”) or to transactions conducted through this Site. Such specific terms may be in addition to these Terms of Use or, to the extent expressly specified, may supersede these Terms of Use. When used in these Terms of Use, “we” and “our” means Black Glass, and “you” and “your” refers to any individual, company or legal entity that accesses or otherwise uses this Site.
1. Acceptance of Terms of Use.
By accessing, browsing, or using this Site, you agree to be bound by these Terms of Use or any additional terms and conditions on this Site. If you do NOT agree to all of these terms, you should NOT access or use this Site.
2. Modification of Terms.
These Terms of Use may be amended by Black Glass, in its sole discretion, at any time without notice to you. Such amended Terms of Use shall be effective upon posting. By continuing to access or use this Site, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Black Glass reserves the right to discontinue or make changes or updates with respect to the Site or the Content of the Site at any time without notice.
3. Privacy Notice.
Personal information provided through this Site is used in accordance with Black Glass’s Privacy Notice.
4. Copyright and Trademarks.
You acknowledge that all content on this Site, including the Site’s design, graphics, text, formatting, sounds, pictures, images, software, and other materials and information on this Site, and the selection and arrangement of such content (collectively, “Content”), are the property of Black Glass or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Content not expressly granted in these Terms of Use are reserved to their respective intellectual property right owners. Except as expressly authorized in these Terms of Use or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of Black Glass or the respective intellectual property rights owner. Black Glass authorizes you to view and download the Content only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Content. You may not modify or adapt the Content in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on this Site (including, without limitation, Black Glass) are the sole property of Black Glass and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Black Glass and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Black Glass and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Black Glass. Black Glass will enforce its intellectual property rights to the fullest extent of the law.
5. Links to Third-Party Websites.
Links on the Site to third-party websites are provided only as a convenience to you. If you use these links, you will leave the Site. Black Glass does not control or endorse any such third-party websites. You agree that Black Glass and its affiliates will not be responsible or liable for any content, goods or services provided on or through these third-party websites or for your use of, or inability to use, such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Black Glass expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third-party website. Black Glass recommends that you make yourself aware of and read the legal and privacy notices of all other websites that you visit.
6. Disclaimer of Warranties.
Black Glass strives to provide accurate and up-to-date material on this Site. However, we make no warranties or representations as to the accuracy or timeliness of the Content on this Site. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE CONTENT CONTAINED ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLACK GLASS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BLACK GLASS MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES. SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS OF WARRANTIES, SO SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
7. Disclaimer of Damages and Limitation of Liability.
NEITHER BLACK GLASS OR ITS AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR ACCESS TO, OR USE OF OR INABILITY TO USE THIS SITE OR ANY MATERIAL, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS SITE, OR ANY INCORRECT OR INACCURATE INFORMATION ON THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF BLACK GLASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST BLACK GLASS AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND PROGRAMMERS THAT MAY ARISE FROM YOUR ACCESS OR USE OF THIS SITE.
8. Indemnification and Release.
You agree to indemnify, defend and hold harmless Black Glass and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the Site; any activity related to use of the Site by you; any message or material that you submit to, post on, or transmit through the Site; your violation of these Terms of Use; your infringement or violation of any rights of another; or termination of your access to the Site. If you have a dispute with one or more users, you release Black Glass and its affiliates from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
9. No Unlawful or Prohibited Activity.
As a condition of your use of this Site, you agree not to use the Site for any purpose that is unlawful or prohibited by these terms and conditions. You further agree that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through this Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, violates the privacy rights of others, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Site. You agree to use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material through or to the Site. Black Glass reserves the right, in its sole discretion, to suspend or terminate your access to this Site and prohibit any and all current and future use of this Site (or any portion of the Site) by you, if you fail to comply with any term or provision of these Terms of Use or if your use is harmful to the interests of another user of this Site.
10. Shut-down of Site.
Black Glass reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part of the Site) with or without notice or consent. Black Glass and its affiliates shall have no responsibility or liability for failure to store or delete any Content or User Content submitted to this Site.
11. Governing Law and Dispute Resolution.
These Terms of Use shall be governed by the laws of the United States and the State of New York, without giving effect to conflicts of law principles that would cause other laws to apply. Black Glass makes no representations that the material and information on this Site are appropriate or available in all national locations or languages. You agree that any action at law or in equity arising from or relating to your access or use of the Site or to these Terms of Use shall be brought exclusively in the federal or state courts residing in New York. You hereby consent and submit to personal jurisdiction of such courts for the purposes of any action relating to your access or use of the Site or these Terms of Use, and to extra-territorial service of process.
12. Severability.
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then such provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected.
13. No Waiver.
The failure of Black Glass or its affiliates to enforce any provision of these Terms of Use shall not constitute a waiver of that provision and shall not waive or limit Black Glass’s right to subsequently enforce that provision or any other provision of these Terms of Use.