Anytime you send Black Note an e-mail, or sign into our website at www.blacknote.com, you are communicating with us in an electronic format. This gives Black Note the permission to communicate back to you in the same electronic format, either by e-mail or text written on our website. Therefore, both parties mutually agree that any agreements, disclosures or notices, contracts or any other communication provided to you by Black Note satisfies all legal notification requirements.
COMPLIANCE WITH APPLICABLE LAWS:
User and visitor access to www.blacknote.com is governed by all applicable federal, state, and local laws. All information available on www.blacknote.com is subject to U.S. export control laws and may also be subject to the laws of the country where you live.
Black Note, www.blacknote.com and other logos, button icons, graphics and scripts are trademarks of Black Note, Inc.
All content included on www.blacknote.com, such as text, images, audio and video clips, photos, icons, seals, stamps, graphics, logos, forms, digital downloads, data compilations, are protected by United States and international copyright laws. Information on blacknote.com may NOT be copied or reproduced in any form, or by any means without prior written permissions from Black Note. Users or visitors are not permitted to publish, modify, distribute, create or copy related works of any material found on www.blacknote.com or any Black Note publication for any private, public or commercial purpose.
LICENSE AND SITE ACCESS:
Black Note grants the person interacting with it a limited license to access and make personal use only of the www.blacknote.com Site. Such grant does not include, without limitation:
- Download or modify any portion of twww.blacknote.com, except through page storing.
- Any resale or commercial use of www.blacknote.com or its content.
- Making derivative uses of www.blacknote.com and its contents.
- Any downloading or copying of information for benefit of a third party.
- The collection and use of any product listings or descriptions.
- Use of any data mining, robots, or similar data gathering and extraction method.
Except as noted above, you are not provided any right or license by implication or otherwise in or under any patent, trademark, copyright, or proprietary right of Black Note, or any third party.
Any unauthorized use will immediately terminate your permission to use www.blacknote.com. You may not use any Black Note text, images, audio and video clips, photos, icons, seals, stamps, graphics, logos, forms, digital downloads, or data compilations without the express written permission of Black Note.
www.blacknote.com attempts to be as accurate as possible when posting content.
RISK OF LOSS:
All items purchased from www.blacknote.com or from the Black Note offices or sales/distribution agents are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
If you use www.blacknote.com, you are responsible for keeping your account and password confidential and for restricting access to your computer. Further, you agree to accept responsibility for all activities that occur under your account or password. Black Note only sells its products to adults of legal smoking age, who own a credit card and can purchase with one. If you are under the legal smoking age, www.blacknote.com will refuse service, terminate all of your accounts, remove or edit content, or cancel orders immediately.
We cannot confirm the price of an item until you register online and complete an online order form. Please note that this policy applies only to Black Note products sold on www.blacknote.com and shipped by Black Note. If a third-party site quotes prices different from www.blacknote.com, your only remedy is to contact the third-party site to settle any dispute.
By visiting www.blacknote.com, you agree that the laws of the United States and of the State of California, without regard to principles of conflict of laws, will govern theses of Use and any dispute of any sort that might arise between you and www.blacknote.com.
DISCLAIMER OF LIMITATION OF LIABILITY:
Black Note products, www.blacknote.com and all information, materials, products, content, software and services included on or otherwise made available to you through www.blacknote.com are provided by www.blacknote.com on an “as is” basis, unless otherwise specified in writing.
www.blacknote.com makes no representations of any kind, express or implied, as to the products or the operation of www.blacknote.com or the information, materials, products, content, software or services included on or otherwise made available to you through www.blacknote.com, unless otherwise specified in writing. You agree that your use of Black Note products or www.blacknote.com is at your sole risk.
To the full extent permissible by applicable law, Black Note and www.blacknote.com does not warrant that Black Note products; www.blacknote.com; information, materials, products, content, software, or services included on or otherwise made available to you through www.blacknote.com; their services; or email sent from www.blacknote.com are free of defects, viruses or other harmful components. Neither Black Note nor www.blacknote.com will not be liable for any damages of any kind arising from the use of Black Note products, www.blacknote.com or from any information, materials, products, content, software or services included on or otherwise made available to you through www.blacknote.com, including but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Certain state laws do not allow limitations on the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Disputes Any dispute relating in any way to your visit to www.blacknote.com or to products you purchase through www.blacknote.com shall be submitted to confidential arbitration in Irvine, California, except that, to the extent you have in any manner violated or threatened to violate Black Note’s intellectual property rights, Black Note may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES AND SEVERABILITY:
Please review Black Note’s other policies such as Shipping and Refunds policy posted on www.blacknote.com, which are also part of this Terms & Conditions. These policies also govern your visit to www.blacknote.com. Black Note reserves the right to change any and all content contained on www.blacknote.com at any time without notice. Where www.blacknote.com is concerned, if any provision of its terms shall be deemed unlawful, void, or for any reason un-enforceable, that specific provision shall be deemed severable from these ‘Terms and Conditions’ and shall not affect the validity and enforceability of any remaining provisions.