TERMS AND CONDITIONS
Updated July 2020
This Terms of Service Agreement (the "Agreement", "TOS Agreement" or "TOS") will become effective on the date of completion by You of the online process to buy one of our Products (the "Effective Date"). This TOS describes the terms and conditions on which you may access and use the I Heart Black Business website located at www.iheartblack.biz (the "Site") and related services including I Heart Black Business product and sale services (together with the Site and the I Heart Black Business Content, as defined below, the "Services"). The Services include the sale of event supplies, decor, and related services ("Products"). This TOS sets out the terms and conditions that apply to your purchase of any Product. As used in this TOS Agreement, the terms "you" or "your" refer to the individual, company, organization or other legal entity on whose behalf this Agreement is accepted, and I Heart Black Business LLC, an Iowa Limited Liability corporation ("we," "our," "us," "I Heart Black Business," or "IHBOB").
By clicking on the "I ACCEPT" button or otherwise accessing or using the Services, you agree to use the Service in strict accordance with, and to be bound by, all of the terms and conditions contained in this Agreement. BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO THE ARBITRATION PROVISIONS CONTAINED IN SECTION 13, BELOW. If you do not wish to be bound by this Agreement, simply exit this page without clicking the "I ACCEPT" button.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Product Sales
The following additional conditions apply to the sale of any Product.
1.1. All Sales are Final and As-Is
You acknowledge and agree that only those Products designated by us on the Site as available for purchase are eligible for purchase by you. All Products are sold on an "as is" basis, without any warranty whatsoever, and all Product sales are final, subject to Section 2.3 below.
1.2. Purchase Price
The purchase price ("Purchase Price") for the Products will be the purchase fee listed on the Site in connection with your purchase of the Products. Purchase Price is as listed on our website at the time of purchase, and is subject to change at our sole discretion and without notice. We reserve the right to alter the Purchase Price, discount, or availability of any particular item at our sole discretion and without notice. Upon your purchase of a Product on our website, you hereby authorize IHBOB to immediately charge your payment card for the Purchase Price. Purchase Prices exclude all federal, state and local taxes, fees, customs, duties, other governmental assessments and delivery charges, all of which shall be paid by you directly or, if paid by IHBOB, shall be paid by you to IHBOB in connection with your purchase order. Purchases are final and cannot be cancelled.
1.3. Return Policy
You may return a Product you purchase, subject to the following: If you return a Product within fifteen (15) days after you receive your Product, you are entitled to a full refund of the Purchase Price. If you return a Product within 15-30 days after you receive your Product, you are entitled only to a credit of the Purchase Price. After 30 days from receipt of your Product, your purchase is considered final and you are no longer entitled to any refund. Please note that “Purchase Price” does NOT include any added fees you incurred, including but not limited to shipping or handling charges.
2. Limitations on Use of the Services
You acknowledge and agree that we may place limits on the rental or purchase of Products. We reserve the right to limit, cancel, or prohibit any rentals or sales of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns.
3. Shipping and Delivery
Subject to the availability of inventory, your Products can be ordered at any time ahead of your requested delivery date. Rush orders or orders inside a certain period before your desired delivery date cannot be guaranteed. IHBOB delivers all Products through contracted shipping partners, which may change from time to time at IHBOB's sole discretion.
Your Products will be shipped to the address you choose on the Site, but subject to any and all limitations our shipping company has. We ship to all U.S. states, but there may be some additional charges for shipping to Alaska and Hawaii.
If you do not pay any of the amounts you owe to IHBOB when due, then IHBOB may institute collection procedures. YOU AGREE TO PAY ANY AND ALL OF OUR COSTS OF COLLECTION, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, associated with collecting the amounts due us.
By using our Service, you consent to receive communications from us, including email, text messages, and phone calls. These communications may be for the purpose of notifying you of the status of your order, sending you reminders, and providing you other information. Standard message and data rates charged by your mobile carrier may apply. You may opt out of receiving communications by following the unsubscribe procedures or contacting our Customer Support team. You acknowledge that opting out of communication may impact your use of the Services.
6. Content on the Services
6.1. Content Provided "As-Is"
All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from IHBOB staff and event planners, and photos and comments from other users ("IHBOB Content") is available to you on an "as is" basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The IHBOB Content is provided with the understanding that such information does not constitute any professional advice or services by IHBOB. As such, you agree not to rely upon or use any IHBOB Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the IHBOB Content. In addition, we may update the IHBOB Content, including Product description and specifications, as we deem appropriate and without notice to you.
6.2. Third Party Content
6.2.1. Posted Content
The Services will contain content directly posted by third parties in various locations on our Services ("Posted Third Party Content"). This may include, but not be limited to; images, community comments, and product reviews. IHBOB is not responsible for any Posted Third Party Content or the actions of those that provide or use such Posted Third Party Content. Any Posted Third Party Content is independent from IHBOB, and IHBOB has no control over the Third Party Content. In addition, a link to any Posted Third Party Content does not imply that IHBOB endorses, approves of or accepts any responsibility for the Posted Third Party Content or the third party who posted such Posted Third Party Content, or vice versa.
6.2.2. Links to Third Party Websites
Our Services will contain links or references to non-IHBOB third party content, including but not limited to partner websites, cool products and/or other content or services ("Third Party Content"). IHBOB is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. IHBOB has no control over this Third Party Content and is derived independently from us. Linking to any Third Party Content does not imply that IHBOB approves, endorses or accepts any responsibility for the Third Party Content or its provider.
6.3. Your Content
Anything that you post, upload, share, store, provide, or otherwise make available through the Services, including but not limited to; text, images, links, chat, reviews, photographs or other materials is your content (“Your Content”). We do not guarantee any confidentiality with respect to Your Content, and they may be viewable by others. You represent that (a) all of your User Submissions are accurate, complete, up-to-date, and in compliance with these Terms and all applicable laws, rules, and regulations, and (b) you own or have the necessary rights, licenses, consents, and permissions, without the need for any permission from or payment to any other person or entity, to exploit and to authorize us to exploit Your Content in all manners contemplated by these Terms of Service. By using Your Content on our Services, you hereby grant to IHBOB a perpetual, non-exclusive, non-revocable, fully-paid, royalty-free, sub-licensable, and transferable (in whole or part) worldwide license to use, edit, truncate, aggregate, reproduce, transmit, display, exhibit, distribute, prepare, index, comment on, modify, create derivative works of, display, perform, and otherwise fully exploit Your Content in connection the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting, marketing, advertising, and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats (whether now existing or hereafter created or discovered) and through any media channels, whether now existing or hereafter created or discovered (including, without limitation, third-party websites and feeds).
7. Acceptable Use Policy
7.1. Use of IHBOB Content
Subject to these Terms of Service, and solely for so long as you are permitted to use the Services, we grant to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited right and license to, via our website or App to access and use the other aspects of the Services, in each case solely for your own personal, noncommercial use. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in or attached to any Content, and that you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit for any purpose any Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in these Terms of Service), create derivative works based on, or otherwise exploit any of the Content or Services. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner.
7.2. Restrictions on Use
You may not use our Services in any manner that:
(i) Infringes, misappropriates, or otherwise violates the intellectual property rights or any other rights of anyone (including IHBOB);
(ii) Violates any law, rules, or regulation, including, without limitation, any privacy laws;
(iii) Is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, libelous, tortuous, obscene, indecent, pornographic, vulgar, unlawful, hateful, or threatening to any group defined by race, religion, gender, national origin, or sexual orientation or otherwise offensive or objectionable, or is for any commercial purpose or is used for any purpose not reasonably intended IHBOB;
(iv) Introduces any viruses, worms, Trojan horses spyware;
(v) Post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age);
(vi) Frames or mirrors any portion of the Services, or otherwise incorporates any portion of the Services into any product or service, without our express prior written consent;
(vii) Removes or obscures any copyright, trademark, or other proprietary notice from the Service;
(viii) Decompiles, reverse engineers, disassembles or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Products or Services;
(ix) Displays material that exploits children under 18 years of age or posts, collects, or discloses any personal information (including names) or private information about such children.
8. Your Account
To use and or access several parts of the Services will require you to create a user account, a username and a user password. By so creating, you agree that you are solely responsible and liable for use or access to your account by any person. You are fully responsible for maintaining the confidentiality of your account information. Should you become aware of any unauthorized use of your account, you shall notify IHBOB promptly. IHBOB does not guarantee you will have access to the Service at any time, for any reason, and that there may be delays, omissions, or errors in the Services, including the IHBOB Content.
9.1. Termination by You
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at firstname.lastname@example.org. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
9.2. Termination by I Heart Black Business
Any violation of these Terms may result in suspension or termination of your access to the Services and/or removal of Your Content. IHBOB may also terminate your account if IHBOB determines that your conduct poses a risk or liability to IHBOB, or for any other reason as determined by IHBOB in its sole discretion.
9.3. Effects of Termination
In each of these cases, the Terms will terminate, including your license to use the Services, except that the sections pertaining to Rental Fee, Late Fees, Lost Return Packaging, Failure to Pay Fees, and Acknowledgment will still apply.
10. Intellectual Property
The Services, the IHBOB Content, and all intellectual property rights in and to the Services are the property of IHBOB. All trademarks of their respective owners. IHBOB reserve any and all rights in and to the Services not granted expressly in these Terms of Service. Nothing shall or will be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any IHBOB Content unless explicitly grated to you either by IHBOB or such third party that may own such IHBOB Content, and in writing.
11. Disclaimer of Warranties; Limitation of Liability; Indemnification
11.1. Limited Warranties
The limited warranties are personal to you and may not be assigned, sold or transferred to any other party. IHBOB’s liability to you for failure to comply with any warranties expressed or implied by these Terms of Service are solely limited, at IHBOB’s sole option, to replace Product(s) in a timely manner, or refund your Rental or Product Fee, as applicable. We grant NO other warranties in connection with the Services or Products and shall not apply if you violate any of these Terms of Service.
11.2. Disclaimer of Warranties
Neither IHBOB nor its suppliers, partners, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns (IHBOB and all such parties together, the “IHBOB Parties”) make any representations or warranties concerning the Services, including without limitation regarding any content contained in or accessed through the Services or any Products, and the IHBOB Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages, or liabilities arising out of or in any way related to your participation in or use of the Services. We make no warranty that the Products or Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, or Services, or that defects in the Products or Services will be corrected. The Services may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material in any way related to the Services and/or our Content. No advice or information, whether oral or written, obtained by you from us through the Services or otherwise will create any warranty, representation, or guarantee not expressly stated in these Terms.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, PRODUCTS, CONTENT, AND ANY THIRD PARTY MATERIALS ARE PROVIDED BY IHBOB PARTIES ON AN “AS-IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS, AND IHBOB PARTIES HEREBY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11.3. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL IHBOB BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE PRODUCTS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) U.S. DOLLARS OR (II) THE AMOUNTS PAID BY YOU IHBOB IN CONNECTION WITH THE SERVICES IN THE TWELVE (12)-MONTH PERIOD PRECEDING THE FIRST EVENT GIVING RISE TO A CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IHBOB DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES AND IHBOB SHALL NOT BE LIABLE FOR ANY INTERRUPTIONS OR ERRORS RELATED THERETO.
11.4. Indemnification for Breach
By using the Services, you agree to indemnify, hold harmless and defend IHBOB and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
12. Dispute Resolution
12.1. Contact Us First
In the event of any dispute between us, you and IHBOB agree that, you and IHBOB will first contact each other and use best efforts to resolve the dispute before resorting to more formal means of resolution.
12.2. Arbitration Second
All claims and disputes arising out of this Agreement or your use of the Service shall be submitted to and resolved by binding arbitration, pursuant to the Rules and Regulations, and under the auspices of the American Arbitration Association. Any arbitration proceeding shall take place in Johnson County, Iowa. No demand for arbitration or action of any kind or nature arising out of this Agreement, or out of any use of the Service by you, shall be brought by you more than one year after the date on which the cause of action first arises. Judgment upon the award rendered by the arbitrator may be entered in, and enforced by either Party. In any arbitration proceeding or action to enforce the arbitrator's award, the prevailing Party will be also be entitled to any and all costs and attorneys' fees associated with settling the claim(s) and/or dispute(s).
13.1. Age Eligibility
NO ONE UNDER THE AGE OF 18 may use the Services. Products may be rented or purchased for use by individuals under 18 years of age, but we rent and sell only to adults, who may rent or purchase the Products with a payment card or other approved payment method. By agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting or purchasing the Products as described in these Terms.
13.2. Governing Law and Venue
These Terms of Service, and all other aspects of your use of the Service, shall be governed by and construed in accordance with the substantive and procedural laws of the State of Iowa, without regard to its conflict of laws rules. No demand for arbitration or action of any kind or nature arising out of these Terms of Service, or out of any use of the Service, shall be brought by you more than one year after the date on which the cause of action first arises. Judgment upon the award rendered by the arbitrator may be entered in, and enforced by, and you and IHBOB submit to the exclusive jurisdiction of, the state and federal courts sitting in Johnson County, Iowa, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any arbitration proceeding or action to enforce the arbitrator's award, the prevailing Party will be entitled to costs and attorneys' fees.
13.3. Severability and Waiver
If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this Agreement be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
These Terms shall be binding upon, and shall inure to the benefit of the Parties hereto and their respective successors and assigns; provided, that these Terms may not be assigned in whole or in part by you without the sole written consent of IHBOB. IHBOB may, without your written consent, assign any of these Terms at its sole discretion.
13.5. Force Majeure
IHBOB will not be liable for any delay, failure in performance or interruption of service due to any unforeseen circumstances or circumstance beyond its reasonable control, including but not limited to any: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities or internet services, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy, or IHBOB's financial inability to perform its obligations hereunder.
13.6. How to Contact Us
Please send any questions or comments, or report violations of these Terms, to I Heart Black Business at email@example.com or I Heart Black Business, LLC, Attn: Legal, ----.
13.7. Modification of the Services or the Terms
IHBOB reserves the right to modify these Terms or alter, including discontinuing, ANY Product or Service at any time AND for any reason. However, IHBOB will use commercially reasonable efforts to make material changes to these Terms apparent to you by posting a notice on the Site and/or sending you an email to the appropriate email you provided us.
13.9. Entire Agreement
These Terms, including subsequent updates thereto, will constitute the entire agreement of the Parties with respect to the subject matter hereof and supersedes all previous proposals, both oral and written, negotiations, representations, commitments, writings and all other communication between the Parties. This Agreement may not be modified except by written consent of both Parties.