Terms & Conditions
Terms & Conditions
Products, Content and Specifications
All features, content, specifications, products and prices of products and services described or depicted on this website are subject to change at any time without notice. Certain weights, measurements and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regards to the possession, use and sale of any item purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
When an order is placed, it will be shipped to an address designated by the purchaser as long as the shipping address is compliant with the shipping restrictions contained on this website. All purchases from this website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Accuracy of Information
We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this website. For example, products included on the website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the website. In addition, we may make changes in information about price and availability without notice. We will correct any pricing errors on the website as and when discovered. The website contains a large number of products and services and it is always possible that, despite our best efforts, some of the products or services listed on the website may be incorrectly priced. We will normally verify prices as part of our shipping procedures so that, where the correct price is less than our stated price, we will charge the lower amount when shipping the products to you. If the correct price is higher than the price stated on the website, we will normally, at our discretion, either contact you for instructions before shipping the product, or reject your order and notify you of such rejection. We shall not provide the products to you at the incorrect (lower) price, even after we have sent you and order confirmation or a shipping confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
Placing an Order; Acceptance
Please follow the instructions on the website to place your orders. Your order constitutes an offer to us to buy the products and services. After receiving an order, we will send you an e-mail acknowledging that we received your order ("Order Confirmation"). While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of you order (the "Shipping Confirmation"). A contract with us will be formed only when you receive the shipping confirmation. The contract with us will relate only to those products and services whose shipment we have confirmed in the shipping confirmation. We will not be obliged to supply any other products or service which may have been part of your order in the same or a separate order confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the products or services are no longer in our inventory. We also reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse revise to any customer. We may also require verification of information prior to the acceptance and/or shipment of any order.
Use of this Website
The website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this website are either the property of, or used with permission by, Black Halo and are protected by copyright, Trademark and other laws and may not be used except as permitted in these terms and conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Trademarks and Copyrights
Certain trademarks, trade names, service marks and logos used or displayed on this website are registered and unregistered trademarks, trade names and service marks of us and our affiliates. Other trademarks, trade names and service marks used or displayed on this website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this website grants or should be construed as granting, by implication, estoppel, or otherwise any license or right to use any trademarks, trade names, service marks or logos displayed on this website without our written permission or the written permission of such third party owner.
The website contains copyrighted materials, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound. This website is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Black Halo and third party content providers also (or have the right to use) copyrights in the content original to them.
Linking to this Website
Creating or maintaining any link from another website to any page on this website without our prior written permission is prohibited. Running or displaying this website or any material displayed on this website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply must comply with all applicable laws, rules and regulations.
Third Party Links
From time to time, this website may contain links to websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this website. Neither we nor any of our affiliates are responsible for any content, materials or other information located on our accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.
Sweepstakes and Contests
From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the website. Each of these activities shall be governed by specific rules accessible from the pages of the website offering the promotion.
Submissions; Site Conduct
From Time To Time, You May Have The Opportunity To Post, Transmit Or Otherwise Make Available Information, Opinions, Ideas, Images Or Other Content On The Web Site.
By Posting, Transmitting Or Sending Us Any Material Or Content, You Agree To Grant To Us An Irrevocable, Royalty-Free, Perpetual, Sub-Licensable, Assignable, Non-Exclusive Right And License Throughout The World To Use, Reproduce, Modify, Adapt, Publish, Translate, Create Derivative Works From, Distribute, Digitally Perform, Publicly Perform And Display The Material Or Content And/Or Incorporate The Material Or Content In Other Works In Any Form, Media Or Technology Now Known Or Later Developed, For Any Purpose Whatsoever, Commercial Or Otherwise, Without Either (I) Compensation To You Or (Ii) Your Prior Approval.
By Submitting Or Sending Content Or Material To The Web Site You Also Represent And Warrant That (I) The Content And Material Is Original To You, (Ii) No Other Party Has Any Rights To The Content Or Material, (Iii) The Content And Material Is Not Subject To Any Obligation Of Confidentiality, Attribution Or Otherwise And That We Shall Not Be Liable For Any Use Or Disclosure Of The Content Or Material And (Iv) Any So-Called "Moral Rights" Associated With The Content Or Material Have Been Waived.
You May Not Post Or Transmit Or Send To Us Any Material Or Content That (I) Violates Or Infringes In Any Way Upon The Rights Of Others Or Which Is Otherwise Unlawful, Threatening, Abusive, Harassing, Defamatory, Libelous, Derogatory, Obscene, Bigoted Or Hateful; (Ii) Contains Viruses, Worms, Time Bombs, Trojan Horses, Or Other Harmful Or Disruptive Components; (Iii) Is Or Could Be Construed To Be Spam Mail Or Any Robot, Spider, Site Search/Retrieval Application, Or Other Manual Or Automatic Device Or Process To Retrieve, Index, "Data Mine," Or In Any Way Reproduce Or Circumvent The Navigational Structure Or Presentation Of The Web Site Or Its Contents. In Addition, You May Not Engage In Any Activity On The Web Site That Restricts Or Inhibits Any Other User From Using Or Enjoying The Web Site By Means Of "Hacking," "Cracking," "Spoofing," Or Defacing Any Portion Of The Web Site.
We Shall Have The Right In Our Sole Discretion To Edit, Refuse To Post Or To Remove Any Material Submitted To Or Posted On The Web Site That We Find To Be In Violation Of These Terms And Conditions Or That We Otherwise Find Objectionable Or Inappropriate For Any Reason In Our Sole Discretion.
You Shall Be Solely Responsible And Liable For Any And All Damages Resulting From Any Infringement Of Copyrights, Proprietary Rights, Or Any Other Harm Resulting From Any Uploading, Posting Or Submission Of Your Content On The Web Site.
SMS/MMS Mobile Message Marketing Program Terms and Conditions
User Opt In:The program allows users to receive SMS/MMS mobile messages by affirmatively opting into the program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the program, you agree that this agreement applies to your participation in the program. By participating in the program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "Autodialer"). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the program or no longer agree to this agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of the program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify:If at anytime you intend to stop using the mobile telephone number that has been used to subscribe to the program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you complete the user opt out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys' fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our programs.
You agree that you shall indemnify defend, and hold us harmless from any claim or liability resulting from your failure to notify us of a change in the information you have provided including any claim or liability under the telephone consumer protection act, 47 U.S.C. & 227, ET. Seq., or similar state and federal laws, and any regulations promulgated thereunder resulting from us attempting to contact you at the mobile telephone number you provided.
Program Description:Without limiting the scope of the program, users that opt into the program can expect to receive messages concerning the marketing and sale of Black Halo's Goods/Services.
Cost and Frequency:Message and data rates may apply. The program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
Support Instructions:For support regarding the program, text "HELP" to the number you received messages from or email us at CustomerCare@BlackHalo.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure:The program will send SMS TMs (Terminating Messages) if your mobile device does not support MMS Messaging.
Our Disclaimer of Warranty:The program is offered on an "As-Is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements:You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restrictions:You may not use or engage with the platform if you are under thirteen (13) years of age. If you use or engage with the platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent's or legal guardian's permission to do so. By using or engaging with the platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent's or legal guardian's permission to use or engage with the platform, or are adult age in your jurisdiction. By using or engaging with the platform, you also acknowledge and agree that you are permitted by your jurisdiction's applicable law to use and/or engage with the platform.
Prohibited Content:You acknowledge and agree to not send any prohibited content over the platform. Prohibited content includes:
-Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
-Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis or race, sex, religion, nationality, disability, sexual orientation, or age;
-Pirated computer programs, viruses, worms, trojan horses, or other harmful code;
-Any product, service, or promotion that is unlawful where such product, service or promotion thereof is received;
-Any content that implicates and/or references personal health information that is protected by The Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC" Act); and
-Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
Dispute Resolution:In the event that there is a dispute, claim or controversy between you and us, or between you and 317 LABS, INC. or any other third-party service provider acting on our behalf to transmit the mobile messages within the scope of the program, arising out of or relating to federal or state statutory claims, common law claims, this agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Los Angeles, California before on arbitrator.
The Parties agree to submit the dispute to binding arbitration in accordance with the commercial arbitration rules of The American Arbitration Association ("AAA") then in effect. Except as otherwise provided herein, the Arbitrator shall apply the substantive laws of the federal judicial circuit in with Black Halo's principle place of business is located, without regard to its conflict of laws rules.
Within Ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at leave five years' experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within Ten (10) calendar days, a party may petition to the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act ("FAA").The Parties Also Agree That The AAA’s Rules Governing Emergency Measures Of Protection Shall Apply In Lieu Of Seeking Emergency Injunctive Relief From A Court. The Decision Of The Arbitrator Shall Be Final And Binding, And No Party Shall Have Rights Of Appeal Except For Those Provided In Section 10 Of The FAA. Each Party Shall Bear Its Share Of The Fees Paid For The Arbitrator And The Administration Of The Arbitration; However, The Arbitrator Shall Have The Power To Order One Party To Pay All Or Any Portion Of Such Fees As Part Of A Well-Reasoned Decision. The Parties Agree That The Arbitrator Shall Have The Authority To Award Attorneys’ Fees Only To The Extent Expressly Authorized By Statute Or Contract. The Arbitrator Shall Have No Authority To Award Punitive Damages And Each Party Hereby Waives Any Right To Seek Or Recover Punitive Damages With Respect To Any Dispute Resolved By Arbitration. The Parties Agree To Arbitrate Solely On An Individual Basis, And This Agreement Does Not Permit Class Arbitration Or Any Claims Brought As A Plaintiff Or Class Member In Any Class Or Representative Arbitration Proceeding. Except As May Be Required By Law, Neither A Party Nor The Arbitrator May Disclose The Existence, Content, Or Results Of Any Arbitration Without The Prior Written Consent Of Both Parties, UnlessTo Protect Or Pursue A Legal Right. If Any Term Or Provision Of This Section Is Invalid, Illegal, Or Unenforceable In Any Jurisdiction, Such Invalidity, Illegality, Or Unenforceability Shall Not Affect Any Other Term Or Provision Of This Section Or Invalidate Or Render Unenforceable Such Term Or Provision In Any Other Jurisdiction. If For Any Reason A Dispute Proceeds In Court Rather Than In Arbitration, The Parties Hereby Waive Any Right To A Jury Trial. This Arbitration Provision Shall Survive Any Cancellation Or Termination Of Your Agreement To Participate In Any Of Our Programs.
Miscellaneous:You warrant and represent to us that you have all necessary rights, power and authority to agree to these terms and perform your obligations hereunder, and nothing contained in this agreement or in the performance of such obligations will place you in a breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the program shall be subject to this agreement unless explicitly stated otherwise in writing. We reserve the right to change this agreement from time to time. Any updates to this agreement shall be communicated to you. You acknowledge your responsibility to review this agreement from time to time and to be aware of any such changes. By continuing to participate in the program after any such changes, you accept this agreement, as modified.
If you believe that your rights under intellectual property laws are being violated by any content or materials posted on or transmitted through the website or any products advertised on the website ("Web Site Content"), please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending content and/or advertisements. It is our policy to comply with The Digitial Millennium Copyright Act ("DMCA"). By disabling access to infringing materials, and terminating access or repeat infringers to the website.
Copyright owners or any agents thereof who believe that any website content infringes upon their copyrights may submit a notification pursuant to the DMCA by providing our copyright Agen with the following information in writing (See 17 U.S.C. 512(C)(3) for further detail:
I. A physical or electronic signature of a person authorized to act on behalf of The Owner of an Exclusive Right that is allegedly infringed;
II. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
III. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
IV. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
V. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
VI. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
VII. Such written notice shall be sent to our designated agent as follows:
Law Offices of Jonathan Kirsch, APC
1880 Century Park East, Suite 515
Los Angeles, CA 90067
Please Note that under section 512(F) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you elect to send us a counter-notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(G)(3) to confirm these requirements):
I. A physical or electronic signature of the subscriber
II. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
III. A statement under Penalty of Perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
IV. The Subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the Judicial District in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept the service of process from the person who provided notification under subsection (C)(1)(C) or an agent of such person.
Gift certificates can only be redeemed via purchases made on the website, and are not redeemable for cash. Any unused balance will be placed in the recipient's gift certificate account and is not transferable. If you order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. We are not responsible for lost or stolen gift certificates. We make no warranties, express or implied, with respect to gift certificates, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a gift certificate code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such gift certificate. Certain state laws do not allow imitations on implied warranties or 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.
Your use of this website is at your risk. The materials and services provided in connection with this website are provided "As-Is" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither we nor any of our affiliates warrant the accuracy or completeness of the materials or services on or through this website. The materials and services on or through this website may be out of date, and neither we nor any of our affiliates make any commitment or assumes any duty to update such materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. All products and services purchased on or through this website are subject only to any applicable warranties of their respective manufacturers, distributors, and suppliers if any. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this website. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. We make no warranties to those defined as "Consumers" in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
Limitations of Liability
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website or your downloading of any materials from this website. In no event will we, our respective officers, directors, employees, shareholders, affiliates, parent corporations, agents, successors, assigns, retail partners nor any party involved in the creation, production or transmission of this website be liable to any party for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this website, any websites linked to this website, or the materials, information or services contained at any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. In the event of any problem with this website or any content, you agree that your sole remedy is to cease using this website. In the event of any problem with the products or services that you have purchased on or through this website, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this website
Revisions to These Terms and Conditions
We may revise these terms and conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current terms and conditions because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms locatied on particular pages at this website.
You or we may suspend or terminate your account or your use of this website at any time, for any reason or for no reason. You are personally liable for any orders taht you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice. Additional Assistance. If you do not understand any of the foregoing terms and conditions or if you have any questions or comments, we invite you to call our Customer Care Department at 833-338-3270 or email us at email@example.com.