Last Updated: April 4, 2025
THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING, REGISTERING, OR OTHERWISE ACCESSING THE SITE HTTPS://BLACKSGREEKS.COM OR USING OUR SERVICES.THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY, A DISPUTE RESOLUTION AND BINDING ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER, THAT EACH APPLY TO THE EXTENT PERMITTED BY LAW AND AFFECT YOUR RIGHTS. IN ARBITRATION THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE TERMS CAREFULLY.
These Terms and Conditions (the “Terms”, “Terms and Conditions”, or “Agreement”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “your”), and Black Greeks, LLC (“referred to as “Black Greeks,” “we,” “us,” or “our”) and applies to your access and use of the Black Greeks Website, blackgreeks.com (the “Site”), the Black Greeks Mobile Application (the “App”) that you download from an official mobile application store, such as the Apple App Store® or the Google Play™ store, our “Services” (the products available on or through the Site or App and any other services available via the Site or App, and our general interactions with you), as well as any other media form, media channel, mobile website or mobile application, and online service or program where these Terms are posted, linked, or incorporated by reference. Your use of the Black Greeks App is also subject to the End User License Agreement (“EULA”) that is available when you download the App.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THE SITE OR THE BLACK GREEKS APP, PROVIDING ANY INFORMATION TO US THROUGH THE SITE OR THE APP, OR COMPLETING ANY REGISTRATIONS. BY CLICKING “I AGREE” (OR SIMILAR BUTTON) TO ACCEPT OR AGREE TO THESE TERMS AND CONDITIONS WHEN THIS OPTION IS MADE AVAILABLE TO YOU AND/OR BY USING OR ACCESSING THE SITE OR APP YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AS WELL AS OUR PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE; (B) REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT FOR A LEGAL ENTITY, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT LEGAL ENTITY; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS, DOWNLOAD, REGISTER, OR USE THE SITE OR THE APP OR ANY OF OUR SERVICES. IF YOU DO NOT AGREE TO OUR EULA FOR YOUR USE OF THE APP, YOU MUST NOT DOWNLOAD OR USE THE APP, BUT YOU MAY STILL ACCESS OUR SITE.
We may add to, change, update, or modify these Terms from time to time. Should these Terms change, we will post all changes on this page and any such changes, updates, or modifications will be effective immediately upon posting. If we make material changes, we will also notify you through a notice on the homepage of the Site for a reasonable period of time. If you have an account, we may also, in our discretion, notify you of changes to these Terms via email. The date on which these Terms was last modified or updated is identified at the beginning of these Terms. You are expected to, and you acknowledge and agree that it is your responsibility to, carefully review these Terms prior to using the Site, and from time to time, so that you are aware of any changes. Your continued use of the Site or the App after the “Last Updated” date will constitute your acceptance of and agreement to such changes and the current provisions of these Terms. If you do not agree with these Terms and our practices, you should not use the Site or the App.
This Site and the App is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Site or the App, you represent and warrant that you are of legal age to form a binding contract with Black Greeks and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site or use the App.
OUR SITE IS INTENDED SOLELY FOR USERS LOCATED IN THE UNITED STATES. IT IS NOT INTENDED FOR USERS LOCATED IN OTHER COUNTRIES, INCLUDING THE UNITED KINGDOM, THE EUROPEAN UNION, AND THE EUROPEAN ECONOMIC AREA. We make no claims that the Site or the App, or any content or Services are accessible or appropriate outside of the United States. Access to our Site or the App, may not be legal by certain persons or in certain countries. If you access our Site or the App, from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. By accessing our Site or the App, you represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
To use the Site or the App, you must have the compatible device, and we do not warrant that the Site or the App will be compatible with all devices. You are responsible for selecting, obtaining, and maintaining any equipment, items, and ancillary services needed to access and use the Site or the App. Use of the Site or the App requires Internet access or mobile data, which may be subject to additional fees or charges. You will be responsible for all fees and charges incurred with respect to using the Site or the App. You are also responsible for ensuring that all persons who access the Site through your internet connection and your App on your mobile device are aware of these Terms and comply with them. We reserve the right to withdraw or amend the website and any service, product, solution, or material we provide as part of our Services. We will not be liable if for any reason all or part of the Site or the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services to users, including registered users.
You agree not to attempt to log on to the Site or the App from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Site or the App from one of these countries may result in your access being restricted and/or terminated.
In order to access the Site, the App, or Services, you may be required to register and create an account (such process and the information provided during such process, as amended from time to time through your login to your account in accordance with these Terms is referred to as the “Registration”). By registering for an account, you acknowledge and agree to the collection, use, and processing of your personal information as described in our Privacy Policy. You represent and warrant that all of the information indicated in the Registration is true and complete, and you agree to update the Registration upon any changes to such information. The failure to do so may further limit your ability to use the Services and affect the accuracy and effectiveness of the same.
You also agree that you are responsible for securely managing the confidentiality of any of your account information including, without limitation, any usernames (your email address), passwords, personal identification numbers, and any other codes that you use to access our Services. You may not provide your Registration to anyone else to access the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. You will notify us immediately if you believe that your registration information or device you use to access the App or any of our services has been lost or stolen or that someone is using your account without your permission. You also agree to ensure that you exit from your account at the end of each session. You should regularly log into the App to ensure that no unauthorized activity has occurred.
We reserve the right to remove, reclaim, or change a username, password, or other identifier you select if we determine, in our sole discretion, that it is inappropriate, obscene, or otherwise objectionable.
The Site and the App, and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by and the exclusive property of Black Greeks, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws You acknowledge and agree that you do not acquire any ownership rights to the Site or the App, or any Services offered through the Site or the App, through this Agreement or by use of the Site or the App. You acknowledge and agree that we have and retain exclusive and valid ownership of all anonymized statistical information regarding use of the Site or the App and our Services. You may not otherwise use, reproduce, download, store, post, broadcast, transmit, modify, sell, or make available to the public content from the Site or the App without our prior written approval, except as follows:
You may suggest improvements and/or communicate to us ideas, feedback, inventions, discoveries, or concepts (“Ideas”) during the term of this Agreement, and you and us may discover or create the Ideas jointly with us. Such Ideas may include ideas for new or improved products, services, concepts, know-how, and/or techniques. You agree that any such Idea shall be and remain solely the property of Black Greeks and/or our licensors and may be sued and sold, licensed, or otherwise provided by Black Greeks and/or its licensors to third parties, or published or otherwise publicly disclosed, in Black Greeks’ and/or its licensors’ sole discretion without notice, attribution, payment of royalties, or liability to you. You hereby assign to Black Greeks any and all of your right, title, and interest in and to any such Ideas.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Any use of the Site or the App in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site or the App.
You may not access or use the Site or the App, for any purpose other than that for which we make the Site or the App available. The Site or the App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site or the App, you agree not to:
The Site or the App may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site or the App, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site or the App and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
By posting your Contributions to any part of the Site or the Black Greeks App, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site or the App. You are solely responsible for your Contributions to the Site or the App and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site or the App ; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
Subject to the terms and conditions of the Agreement, Black Greeks grants you a limited, non-exclusive, non-transferable, non sub-licensable license to access and use the Site or the App and our Services for use solely by you and/or your professional organization and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. All rights with respect to the Site or the App and our Services not explicitly granted herein are reserved by Black Greeks.
You agree not to reproduce, copy, sell, resell, or exploit for any commercial purpose any portion of the Site, the App and our Services, use of the Site, the App, and our Services, or access to the Site, the App, and our Services. You also agree not to forward, disseminate, or resell the contents of the Site, the App, and our Services without express permission from Black Greeks.
We may provide you areas on the Site or the App to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, inventions, discoveries, concepts, or other information regarding the Site or Services (“Submissions”) provided by you to us are non-confidential and shall become our sole property, whether created solely by you or jointly with us. Such Submissions may include ideas for new or improved products, services, concepts, know-how, or techniques. You agree that we shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We reserve the right, but not the obligation, to: (1) monitor the Site or the App for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or the App or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site or the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site or the App.
We may collect technical information and use certain technologies, including pixel technology, to collect and analyze technical data relating to the provision, use and performance of the Site or the App and related systems. This technical data may include your Internet protocol (IP) address, the company name from which you are browsing our Site or the App, your browser type and version, time zone setting, operating system and platform, and information about your visit to the Site or the App including the full Uniform Resource Locators (URL), clickstream to, through and from our Site or the App, including the date and time. By visiting and using the Site or the App, you hereby consent to and agree to the pixel technologies and/or other software, our collection of this data by us and that we will be free (during and after the term hereof) to (i) use such data to improve and enhance the Site or the App and for other development, diagnostic, and corrective purposes in connection with the Site or the App and our services; (ii) disclose such data in aggregated or de-identified from in connection with its business; and (iii) otherwise use and disclose such data as set forth in our Privacy Policy.
These Terms and Conditions shall remain in full force and effect while you use the Site or the App. You acknowledge that the Site and the App are provided free of charge and Black Greeks may terminate this agreement and any license granted therein at any time with or without notice to you.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE OR THE APP (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Site or the App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site or the App. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or App.
We cannot guarantee the Site or the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site or the App , resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the App at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site or the App. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or the App or to supply any corrections, updates, or releases in connection therewith.
The laws of the State of Delaware (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to the Site, the the App, these Terms and Conditions, and all transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement.
The parties agree that any legal action, suit, or proceeding arising out of or relating to this Agreement that is not required to be resolved under binding arbitration shall be brought and determined exclusively in the appropriate state and federal courts in the State of Delaware and in no other forum. The parties hereby irrevocably and unconditionally submit to the personal jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such court sin any such suit, action, or proceeding arising out of or relating to this Agreement.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION WILL NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or Black Greeks (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least sixty (60) days upon receipt of a notice of the Dispute before initiating arbitration.
Such informal negotiations commence upon written notice from one Party to the other Party (the “Notice of Dispute”). Any Notice of Dispute must be personally signed by you (if you are initiating the Notice of Dispute) or a Black Greeks representative (if we are initiating the Notice of Dispute). The Notice of Dispute must contain the following information: (1) name, contact information (address, telephone number, and email address), and account information if applicable; (2) a detailed description of the nature and basis of the Dispute; and (3) a detailed description of the nature and basis of the relief sought, including a calculation for it.
You must send any such Notice of Dispute to Black Greeks by email to: info@blackgreeks.com. We must send any such Notice of Dispute to you at the email address we have on file for you. You and Black Greeks agree to attempt to resolve the Dispute through informal, good faith negotiations for a sixty (60) day period from the date that a completed Notice of Dispute is received (or a longer period, if agreed to by the parties). If the party receiving the Notice of Dispute requests a telephone settlement conference as part of this informal process, you and Black Greeks agree to participate in an effort to resolve the Dispute. Should Black Greeks make this request, you agree to attend this conference (with your counsel, if you are represented). Should you make the request, Black Greeks agrees to have a representative attend this conference (with counsel, if Black Greeks is represented).
Compliance with this “Informal Negotiations” process is a condition precedent to initiating arbitration. Neither you nor Black Greeks may initiate an arbitration proceeding absent such compliance. If the sufficiency of a Notice of Dispute or compliance with this process is at issue, it may be decided by a court of competent jurisdiction at either party’s election, and any arbitration proceeding shall be stayed. Such court shall have the authority to enforce this condition precedent to an arbitration proceeding, which includes the power to enjoin the filing or prosecution of a demand for arbitration and the assessment and collection of arbitration administrative fees. Notwithstanding the foregoing, either party may elect to raise non-compliance with this Informal Negotiations process and seek relief in arbitration.
Any Dispute that falls within the jurisdictional scope and limits of the small claims court where you reside must be brought in that court on an individual basis. Such Dispute must remain in small claims court and may not be removed or appealed to a court of general jurisdiction.
You and Black Greeks agree and acknowledge that this agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act will govern their interpretation and enforcement and any proceedings relating to such interpretation or enforcement.
Except as otherwise provided herein, any Dispute that is not resolved through the Mandatory Informal Pre-Dispute Resolution Process or small claims court shall be resolved by binding arbitration to be held in New Castle County, Delaware.
The arbitration shall be administered by the American Arbitration Association (“AAA”) and heard by a single, neutral arbitrator. The AAA shall administer the arbitration in accordance with the AAA’s applicable rules including the supplementary rules (“AAA Rules”), as modified by the terms of this agreement. The AAA Rules are available at www.adr.org. If the AAA is unable or unwilling to administer the arbitration consistent with the terms of this agreement, the parties shall agree on an alternative provider that will do so. If the parties cannot agree, they shall jointly petition a court of competent jurisdiction to appoint an arbitration provider that will do so.
The party seeking to initiate arbitration must provide the other party with the demand for arbitration as specified in the AAA Rules and these arbitration provisions. If you are initiating arbitration, you shall serve the demand on Black Greeks by email to: info@blackgreeks.com. If Black Greeks is initiating arbitration, Black Greeks shall serve the demand at the email address that we have on file for you. The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, that party (and their counsel, if represented) certifies that they have complied with (1) the Information Negotiation Process (and they shall attach the Notice of Dispute) and (2) the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would.
The AAA Rules shall govern the payment of all arbitration fees. You and Black Greeks agree that arbitration is designed to be cost-effective for all parties. Either party may engage with the AAA to discuss fee reductions and deferred payments. All issues are for the arbitrator to decide except the following, which are for a court of competent jurisdiction to decide: (1) issues that are specifically reserved for a court in this agreement and (2) issues related to the scope and enforceability of the arbitration provisions.
The arbitrator may award relief, including, but not limited to, monetary, declaratory, injunctive, or other equitable relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator must follow this agreement and can award the same individualized damages and relief as a court, including injunctive or other equitable relief necessary to provide relief as to the individualized claim. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Unless you and Black Greeks otherwise agree, one person’s claims may not be consolidated with those of any other person. If a court determines that a claim or request for public injunctive relief may not be waived and all appeals from that decision have been exhausted (or it is otherwise final), you and Black Greeks agree that any claim or request for public injunctive relief shall be stayed and resolved by a court pending arbitration of the remaining claims and requests for relief.
The decision of the arbitrator shall be in writing and shall set forth the essential findings of fact and legal analysis. A judgment to enforce the award may be entered by a court of competent jurisdiction, however, any award that has been satisfied may not be filed or entered in court. The decision of the arbitrator shall have no preclusive effect in any proceeding involving non-identical parties.
Each party reserves the right to request a telephonic, video, or in-person hearing from the arbitrator. You and Black Greeks’ representative shall personally appear at any hearing ordered by the arbitrator (along with your and Black Greeks’ counsel, if represented). For claims of more than $25,000 (and for claims seeking individualized injunctive, equitable, or declaratory relief that are not subject to small claims court as set forth above), a telephone, virtual, or in-person hearing shall be held and you and Black Greeks’ representative shall personally appear (along with your and Black Greeks’ counsel, if represented). The parties can agree to waive a hearing.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
THE SITE, THE BLACK GREEKS APP, AND SERVICES, AND ALL MATERIALS, ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, THE APP, THE SERVICES, THE CONTENT, AND ALL MATERIALS. YOUR USE OF THE SERVICES, THE CONTENT, AND ALL MATERIALS OBTAINED THROUGH THEM IS AT YOUR SOLE RISK. BLACK GREEK, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SITE, THE APP, OR SERVICES. YOU ACCESS SUCH CONTENT OR INFORMATION AT OUR OWN RISK.
WE DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND (EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE), WITH RESPECT TO THE SITE, THE APP, THE SERVICES, THE CONTENT, OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), NON-INFRINGEMENT, WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM, OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE ACCURACY, SECURITY, COMPLETENESS, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SITE OR THE SERVICES.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR DELAYS IN THE COMPLETION OR TRANSMISSION OF A REQUEST FOR A SERVICE, INCLUDING BUT NOT LIMITED TO, SUCH ERRORS OR DELAYS CAUSED BY INCORRECT INFORMATION PROVIDED BY YOU OR TECHNICAL PROBLEMS BEYOND OUR REASONABLE CONTROL. ADDITIONALLY, THE REFERENCE, INCLUSION, OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE SITE, THE APP, OR THE SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OR SUCH PRODUCTS OR SERVICES BY US.
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE, THE APP OR SERVICES. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET, THE SITE, THE APP, OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SERVICES FOR ANY RECONSTRUCTION OF LOST DATA. FURTHERMORE, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS CONTENT OR INFORMATION WILL BE SECURE AND/OR COMPATIBLE WITH YOUR BROWSER OR OTHER WEBSITE-ACCESSING PROGRAM. WE DO NOT GUARANTEE THAT THE SITE, THE APP, OR THE SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, THE APP, OR SERVICES OR ITEMS OBTAINED THROUGH THE SITE, THE APP OR SERVICES OR DUE TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY THIRD-PARTY WEBSITE LINKED TO IT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH INSTANCES, THE LIABILITY OF BLACK GREEKS AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH LAW.
UNDER NO CIRCUMSTANCES WILL BLACK GREEKS OR ITS AFFILIATES, SUBSIDIARIES OR THEIR LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (I) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (II) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (III) LOSS OF GOODWILL OR REPUTATION; (IV) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (V) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER BLACK GREEKS WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
THE SITE AND THE APPARE PROVIDED TO YOU FREE OF CHARGE, AND IN NO EVENT SHALL BLACK GREEKS’ OR ITS AFFILIATES’ OR LICENSORS’ AGGREGATE LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY OR THROUGH YOU), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE HTTPS://BLACKGREEKS.COM, the Black Greeks App APP, AND SERVICES), IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED ONE-HUNDRED DOLLARS ($100.00). THE PROVISIONS OF THIS PARAGRAPH ARE INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT.
You agree to defend, indemnify, and hold harmless Black Greeks, its successors and assigns , and all of their respective officers, directors, agents, partners, contractors, suppliers, and employees, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your breach of the Privacy Policy and Agreement; (ii) your violation of any third party’s right including, without limitation, any copyright, trademark, property right, or privacy right, (iii) any violation of applicable law by you; (iv) information or content that you submit, post, transmit or make available through our Services; (v) your use of the Services; (vi) any claim that content provided by you caused damage or loss to a third party, or (vii) any of your acts or omissions. This defense and indemnification obligation will survive your use of the Services and any termination of the Privacy Policy and Agreement.
If you use the Services to access data of which you are not the owner or authorized user as reflected in our systems, you shall indemnify, defend, and hold harmless Black Greeks and all of its executives, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages, and all related costs and expenses, arising from, relating to, or resulting (directly or indirectly) from such access. Further, without limiting our rights or your obligations under any other provision of these Terms, and notwithstanding the same, in the event of any actual or reasonably suspected unauthorized access to the personal information of a customer and/or individual associated with a customer (including but not limited to customer names, addresses, phone numbers, bank and credit card account numbers, income and credit histories, and social security numbers) under your control or subsequent to and arising from your past exercise of control, direct damages in connection with any such breach will include the cost and expenses of investigation and analysis (including by law firms and forensic firms), correction or restoration of any destroyed, lost or altered data, notification to affected customers, offering and providing of credit monitoring, customers service, or other remediation services, and any related cost. Our rights to indemnity under this section are in addition to all other rights and remedies available at Law or in equity. Any exercise by us of our rights to indemnification shall be without prejudice to such other rights and remedies. You manifest your assent to this indemnity by accessing data through our Site, the App, or Services.
Black Greeks respects the intellectual property of others, and we expect our users to do the same. If you believe any materials accessible on or from the Site or App infringe your copyright, you may request removal of those materials (or access to them) from blackgreeks.com or the App by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is: Black Greeks, LLC, 601 Pennsylvania Ave., NW, South Building, Suite 900, Washington, DC 20004. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Black Greeks has a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.
We will maintain certain data that you transmit to the Site or the App for the purpose of managing the performance of the Site or the Black Greeks App , as well as data relating to your use of the Site or the App. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site or the Black Greeks App. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. Users have the right to access, correct, delete, and opt-out of certain data processing activities as detailed in our Privacy Policy. For more information on how to exercise these rights, please refer to our Privacy Policy.
Visiting the Site or the App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site or App, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA BLACKGREEKS.COM OR THE APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Black Greeks shall not be liable for any failure to perform its obligations under these Terms if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control of Black Greeks and not due to Black Greeks’ own fault or negligence or that of its contractors or representatives or other persons acting on its behalf, and which cannot be overcome by the exercise of due diligence and which could not have been prevented through commercially reasonable measures, including acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, changes in any law or regulation, fires, floods, explosions, epidemics, pandemics, disruptions in communications, power, or other utilities, strikes or other labor problems, riots, or unavailability of supplies.
These Terms and Conditions are only applicable to the Site and the App and do not apply to any third-party websites, applications, or technologies. The Site or the App may contain links to, and media and other content from, third-party websites. These links are to external websites and third parties with which we have no relationship or control. Because of the dynamic media capabilities of the Site or the App, it may not be clear to you which links are to the Services and which are to external, third-party websites. If you click on an embedded third-party link, you will be redirected away from the Site or the App to the external third-party website. You can check the URL to confirm that you have left the Site or the App. We have no control over the content on such third-party websites.
If you choose to link to a third-party website, we cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by any third parties or their websites; (ii) control third parties’ independent collection nor use of your personal information; (iii) endorse any third party information, products, services, or websites that may be reached through embedded links on the Services; and (iv) make no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor do we guarantee that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Any personal information provided by you or automatically collected from you by a third party will be governed by that party’s privacy policy and terms and conditions. If you are unsure whether a website is controlled, affiliated, or managed by us, you should review the privacy policy and practices applicable to each linked website.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, YOU AND BLACK GREEKS ACKNOWLEDGE AND AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. THE PARTIES FURTHER EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU AND THE COMPANY MAY NOT BE PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR REPRESENTATIVE CAPACITY.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by Black Greeks of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Black Greeks to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Black Greeks regarding the Site and the Black Greeks App and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site and the Black Greeks App.
These Terms and Conditions and any policies or operating rules posted by us on the Site or the Black Greeks App or in respect to the Site or the Black Greeks App constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or the Black Greeks App. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
In order to resolve a complaint regarding the Site or the App, to receive further information regarding use of the Site or the Black Greeks App, and other communications relating to the Site or the App, please contact us at: