Terms of Use

Last Updated: April 26, 2022

These Terms of Use apply to all websites that are owned, operated, and maintained by or for Black Glove Inc. (“we,” “us,” or “our”) such as blackglove.com and other websites on which these Terms of Use are linked (“Site”) as well as your use of the services we provide and other transactions and engagements you might have with us (collectively, “Services”).

1. General Provisions

These Terms of Use together with the Privacy Policy (collectively, “Terms”) set forth the legally binding terms governing your use of the Site and Services unless you enter into a separate agreement with us for specific Services or in respect of specific transactions, such as a consulting or enterprise IT services agreement, in which case that agreement will govern your relationship with us in connection with the contracted Services. THESE TERMS OF USE CONTAIN MANDATORY ARBITRATION AND WAIVER OF CLASS ACTION PROVISIONS AND YOU SHOULD READ THEM CAREFULLY.

By entering this Site or using the Services, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use this Site or the Services if you do not agree to be legally bound by these Terms. Please read these Terms carefully. The Site and Services are intended for use only by citizens and legal permanent residents of the United States of America residing within the United States of America 18 years of age or older. If you are not a member of the intended audience, you are prohibited from accessing the Site or using the Services.

We may, in our sole discretion, modify the Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to the Site or Services. If a change to the Terms is material, as determined by us in our sole discretion, we will provide at least fourteen (14) days’ notice prior the effective date of the change via a post on the Site and/or email to you. By not terminating your relationship with us prior to the effective date of the change, you acknowledge and agree that you shall be bound by the updated Terms. We suggest periodically visiting this page of the Site to review these Terms.

2. Password and Account Security

With respect to certain Services, you may be permitted to create your own login information on the Site or within the Services by completing the online registration process. In doing so, you must provide us with accurate and complete registration information and update it if this information changes. You agree that you will not register under the name of another person, choose a username that is vulgar, profane or otherwise offensive, choose a username that impersonates or suggests representation of another person or entity, or choose a username that includes a solicitation.

If you create a login, we will assign you, or allow you to select, a password. You must keep your password confidential, and you may not permit any other person to use your password. You will be responsible for all use of your password, including, without limitation, any use by any authorized or unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Site or the Services if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Site or Services.

3. User Guidelines

You agree that you will not use the Site or Services to transmit communications that defame, abuse, harass, stalk, threaten, or otherwise violate the rights of any other person. You also agree that you will not use the Site or Services to transmit communications containing material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, pornographic, or discriminatory. You will not use the Site or Services to commit fraud, engage in criminal activity, violate any applicable law or regulation, or interfere with the use of the Site or Services by others. We reserve the right, but are under no obligation, to review your communications and without notice terminate your access to and use of the Site or Services if we determine, based on our sole discretion, that you violated the foregoing user guidelines.

You represent and warrant that you are the person you claim to be in your interactions with us, the Site, and the Services. You will use the Site and Services in compliance with all applicable laws and regulations and you will not use them to defraud, harm, or impersonate another person.

4. User Data

We will maintain certain data that you transmit as part of the Site and Services for purposes of managing the Site and Services and providing the Site and Services to you. We do not warrant that we will retain your data for any period of time or at all. You should retain copies and backups of all data you provide to us. You agree that we shall have no liability to you for any loss or corruption of data you provide to us or that we store associated with your use of the Site and Services.

5. Termination

We may suspend or terminate your use of the Site or Services at any time for any reason and without notice to you. Upon termination, we may, but are under no obligation to, delete any and all information stored by us related to your use of the Site or Services.

6. Third Party Products and Terms

The Site and Services may provide information about certain third-party products or services and about our own Services. Nothing on our Site constitutes an offer to sell a specific product or service to you. Information on the Site about products and services is subject to change without notice and we do not warrant its completeness, accuracy, or currency. This Site and Services shall not be used or relied upon by you as a substitute for information that is available to you from any of the third-party websites and services accessible from the Site and Services for the purchase of such products or services, or from our employees.

7. Careers

Our Site may offer job opening information and provide you an opportunity to apply for employment with us. You understand that nothing contained on the Site constitutes an offer of employment with us and we are not required to take any action upon your application.

8. Disclaimer of Warranties

The Site and Services are provided to you on an “AS IS” and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THE SITE AND SERVICES AND ANY THIRD PARTY SITES AND SERVICES WHICH MAY BE ACCESIBLE BY HYPERLINK FROM THE SITE AND SERVICES. We expressly disclaim, to the fullest extent permitted by applicable law, any warranties with respect to any downtime, delays, or errors in the transmission or delivery of any communications, information, materials, or services through the Site or Services. To the extent a jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions may not apply. You understand and agree that the action or inaction of third parties is outside of our control and that we do not guarantee any third party will take any action or refrain from taking any action.

We do not warrant, endorse, guarantee, or assume responsibility for any third-party product or service recommended, advertised, or offered for sale on or through the Site or Services or any website linked to the Site or Services.

9. Non-Affiliation Disclaimer; Intellectual Property

Any product names, logos, brands, and other trademarks or images featured or referred to within the Site and Services and/or on any social media forum are the property of their respective trademark owners.  These trademark holders are not affiliated with us.  These trademark holders do not sponsor or endorse the Site or Services.  Further, we declare no affiliation, sponsorship, nor any partnerships with any registered trademarks unless otherwise stated.  Should you have any questions or concerns please contact us at legal@blackglove.com.

All content within the Site and Services, including, without limitation, any images, text, sound, photos, custom graphics, button icons, photographs, videos, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site and Services constitute trade dress and are either our property or, to the extent necessary, are used on the Site or Services with permission. The absence of our name or logo on such materials does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo.

You acknowledge and agree that the Site and Services, and all information and materials appearing therein, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or, to the extent necessary, licensed by us. Except as expressly authorized by us, either in these Terms or elsewhere, you agree not to sell, license, rent, reverse engineer, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site or Services.

10. Digital Millennium Copyright Act Notice

If you believe that any material on this Site infringes your copyright rights, please contact our designated agent for Digital Millennium Copyright Act notices at:

Email address: legal@blackglove.com

We require that you provide a written or email notice. In your notice, please include:

• Your physical or electronic signature;
• Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a list of such works;
• Identification of the material that you claim to be infringing, and where the material is located on the Site;
• Your address, telephone number, and email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and
• A statement, under penalty of perjury, that the information in your notice is accurate.

If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf.

We may need to contact you to obtain additional information prior to acting on your notice, and you give us permission to do so. Upon receiving actionable notice that any material on the Sites infringes a copyright, we will remove such material subject to applicable law. If we receive a counternotice, we will forward it to the person who requested removal. We do not investigate or resolve copyright disputes.

11. Limitation of Liability

IN NO EVENT WILL WE OR OUR AFFILIATES, VENDORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OR LOST REVENUE, LOST PROFITS, LOSS OF GOODWILL/REPUTATION, OR LOST ANTICIPATED BUSINESS (EVEN IF WE HAVE BEEN ADVISED OF OR COULD HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY. OUR AGGREGATE LIABILITY FOR ANY LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES ASSOCIATED WITH ANY CLAIM OR ACTION RELATED TO, IN CONNECTION WITH, OR ARISING UNDER THESE TERMS, THE SITE, OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). TO THE EXTENT A JURISDICTION DOES NOT ALLOW THE LIMITATION OF SOME LIABILITIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Governing Law

The Terms are governed according to the laws of the State of Delaware, without regard to its conflicts of law principles. Subject to the dispute resolution process described above, all claims, disputes, and suits must be brought solely in the state or federal courts located in Sarasota County, Florida and the parties agree to the jurisdiction thereof.

13. Dispute Resolution

You agree that any and all disputes and claims arising out of or in connection with the Terms or the Site or Services shall be resolved individually, without resort to any form of class or joint action. You further agree that if the dispute or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration before a single arbitrator administered by Judicial Arbitration and Mediation Services, Inc., in accordance with its streamlined arbitration rules and procedures or subsequent versions thereof (“JAMS Rules”). You waive any right to bring a dispute or claim in court. The JAMS Rules for selection of an arbitrator shall be followed. All proceedings brought pursuant to this section will be conducted in Sarasota County, Florida. You further agree that, to the fullest extent permitted by law, (i) any and all claims, judgments, and awards shall be limited to actual damages, and in no event will you be entitled to receive attorneys’ fees or other legal costs; and (ii) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental, special, indirect, and consequential damages, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms shall be determined by the arbitrator and governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Delaware or any other jurisdiction). YOU IRREVOCABLY WAIVE ALL RIGHT TO A JURY TRIAL AND ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY DISPUTES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS OR THE SITE OR SERVICES MUST BE ASSERTED INDIVIDUALLY. The decision of the arbitrator may be entered into any court as necessary for enforcement. To the extent possible, you agree to keep the occurrence of, and specifics and pleadings related to, the arbitration confidential, and will request that any court action relating to entry of judgment on the arbitration award be conducted under seal.

14. Indemnity

You will defend, indemnify, and hold us and our affiliates, vendors, service providers, officers, directors, owners, employees, contractors, and agents harmless from and against any and all claims, governmental investigations, demands, actions, and proceedings, real or threatened, and all losses, judgments, awards, settlements, damages, fines, injuries, penalties, and costs (including, without limitation, reasonable attorneys’ fees and expenses) (collectively, “Losses”) arising out of or related to (i) any breach or alleged breach of these Terms by you; (ii) your violation of any applicable law or regulation; or (iii) your negligence or willful misconduct.

15. Links

The Site or Services may contain links to or be accessed through links that are owned and operated by independent third parties to which these Terms do not apply. We provide links as a convenience and the inclusion of the link does not imply that we endorse or accept any responsibility for the content on those sites. We are not responsible for content including but not limited to advertising claims, special offers, illustrations, names or endorsements on any other sites to which the Site or Services may be linked or from which the Site or Services may be accessed. Further, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. Your linking to any other off-site pages or other sites is at your own risk. We recommend that you review any terms of use statement and privacy policy before using any other linked site.

16. Force Majeure

We will be excused from failures or delays in delivery or performance of the Site and/or Services, if such failure or delay is attributable to causes our reasonable control such as weather, acts of God, natural disaster, war, terrorist attack, disease, epidemic/pandemic, criminal activity, riot, civil unrest, strike, or utility failure.

17. Feedback

We always welcome and appreciate your feedback and suggestions. You understand that we cannot necessarily respond to or implement feedback or suggestions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to us are yours personally and not owned by a commercial entity. You grant us a worldwide, unrestricted, royalty-free license to distribute, publish, modify, edit, or otherwise use your submissions for any purpose, commercial or otherwise, without any acknowledgement of or compensation to you.

18. Miscellaneous

The Terms constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. If any provision of the Terms is determined to be unlawful, void, or unenforceable, the parties intend that the offending provision be modified to the minimum extent necessary to be lawful and enforceable. Portions of the Terms which by their nature would survive termination of your use of the Site or Services (e.g., disclaimer of warranties, limitation of liability, indemnification) shall be deemed to survive. The Terms do not create any joint venture, partnership, employment, or agency relationship between the parties. You agree that ambiguities in the Terms will not be construed against us by attribution of drafting. We may assign any of our rights or obligations to others at any time without notice to you. You may not assign any of your rights or obligations to others without our prior written consent.

Contact Information

If you have any questions about the Site, our Services, or the products we offer, please contact us using our contact us form.