This Subscriber Agreement (the "Agreement") includes ALL terms contained on this webpage plus the "Additional Terms and Conditions" listed herein as well as any terms set forth in any Agreements, riders and amendments incorporated into this Agreement by you (hereafter referred to as the "Subscriber"). Subscriber understands and acknowledges that he/she is purchasing advertisement from FHG Media Enterprises, LLC ("FHG") to be displayed on its website www.BlackCounselorOnline.com (the "website") and other services as time to time offered to Subscriber. The forgoing states the complete agreement between the parties concerning this subject, and supersedes all earlier oral and written communications concerning this subject. Subscriber acknowledges that it has access to and can also view and print the terms provided via the World Wide Web. The parties acknowledges they have read and understood this Agreement and are not entering into this Agreement on the basis of any representations not expressly set forth herein. Subscriber represents that by checking the Terms & Conditions box on the "Sign-Up" page of the website that Subscriber agrees with and accepts the terms of this Agreement
Limitation of Liability; Disclaimer; Indemnification
(A) EXCEPT IN CONNECTION WITH THE CONFIDENTIALITY, SOLICITATION, TAX AND INDEMNITY PROVISIONS HEREIN, DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES; (B) FHG DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND UNDER NO CIRCUMSTANCES WILL FHG'S AGGREGATE LIABILITY HEREUNDER OR IN CONNECTION HEREWITH (INCLUDING, WITHOUT LIMITATION, IN RESPECT OF THE INDEMNITY BELOW) EXCEED THE ADVERTISING FEES ACTUALLY PAID BY SUBSCRIBER TO FHG HEREUNDER; AND (C) EACH PARTY ("INDEMNIFYING PARTY") HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE OTHER PARTY AND THE OFFICERS, DIRECTORS, AGENTS, AFFILIATES, DISTRIBUTORS, FRANCHISES AND EMPLOYEES OF THE OTHER PARTY FROM AND AGAINST ALL CLAIMS, ACTIONS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) THAT MAY AT ANY TIME BE INCURRED BY EITHER PARTY ARISING OUT OF ANY BREACH BY THE INDEMNIFYING PARTY OF ANY DUTY, REPRESENTATION OR WARRANTY UNDER THESE TERMS AND CONDITION OR UNDER ANY APPLICABLE LAW. SUBSCRIBER EXPRESSLY AGREES TO INDEMNIFY AND DEFEND FHG FOR ANY CLAIMS, LAWSUITS, LITIGATION OR ACTION AGAINST FHG THAT ARISE FROM ANY ACTION OF SUBSCRIBER.
Related Limitations and Covenants RELATED LIMITATIONS AND COVENANTS. FHG DOES NOT GUARANTEE ANY GIVEN LEVEL OF CIRCULATION, DISTRIBUTION, REACH OR READERSHIP OR IMPRESSIONS FOR ANY ADVERTISEMENT. THE SUBSCRIBER ASSUMES LIABILITY FOR ALL CONTENT (INCLUDING TEXT REPRESENTATION, ILLUSTRATIONS, UPDATES AND LINKS TO OTHER INTERNET CONTENT) OF ADVERTISEMENTS PUBLISHED AND ALSO ASSUMES RESPONSIBILITY FOR ANY CLAIMS ARISING THEREFROM MADE AGAINST FHG OR ITS AFFILIATES, INCLUDING ALL COSTS ASSOCIATED WITH DEFENDING ANY SUCH CLAIM. ALL ADVERTISING MATERIALS, WHETHER TEXT OR IMAGES, THAT MAY BE MISTAKEN BY A READER AS NEWS, FEATURE OR OTHER NON-ADVERTISING MATERIALS MUST BE CLEARLY MARKED "ADVERTISEMENT". FHG SHALL NOT BE LIABLE TO THE SUBSCRIBER FOR ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA OR OTHER INJURY, DAMAGE OR DISRUPTION TO ADVERTISEMENTS OR ANY WEB SITES.
Terms and Conditions
1. Display of Advertising Material
FHG may redesign its site in its sole discretion at any time. If any redesign materially and adversely affects the placement of one or more advertisements, or if FHG is otherwise unable to display such advertisements, FHG will work with Subscriber to display the affected advertisements elsewhere in comparable areas of the FHG site.
Advertisement Materials as used herein shall refer to the Profiles that contain content, information, text, photos, videos, auidos and other forms of communication authored, prepared and developed by Subscriber to be displayed on www.BlackCounselorOnline.com and any other display materials produced by Subscriber (also known as the "Profile Advertisement").
FHG makes no guarantees as to impressions or "click throughs". FHG will provide Subscriber with standard usage information related to the advertisements. Subscriber may not disclose such information to any third party without FHG's express prior written consent.
Subscribers must provide all necessary artwork and active URLs to FHG in the time frame and the specified within the time frames given.
FHG will be entitled to reject or discontinue Profile Advertisements at any time. In such event, Subscriber will be responsible for only a pro-rata portion of payments due hereunder (the "Pro-rata Payments").
Subscriber shall bear full responsibility for all products or services offered, sold, or licensed through the Profile Advertisement or any other advertisement or written content or images posted by Subscriber on the website or the Subscribers website. Subscriber will collect and pay all taxes related to the sale or licensing of such products or service. Subscriber shall be fully responsible for all information, words, statements, representations, text, images, statements made on the Profile Advertisement, in any blogs, articles or other materials posted by Subscriber on the Website or information provided by Subscriber to FHG to be posted on the Website.
2. Fees and Payments
Certain features of BlackCounselorOnline.com are available only through the purchase of a subscription (“Fee-Based Services"). Subscriber acknowledges and accepts that the Executive and Premium subscriptions defined on the Sign-Up page of BlackCounselorOnline.com (collectively the “Subscription") are 1 year subscriptions that commence on the day of sign-up and expire 365 days from the sign-up date (the “Expiration Date"). Subscriber may pay for the Subscription in the amounts so indicated on the website either all at once or pay month to month by automatic charge to the credit card provided at sign-up. In the event Subscriber terminates this Agreement prior to the Expiration Date, which must be done in writing, Subscriber agrees to pay a termination fee equal to the two month subscription fee, unless the termination occurs only one month from the Expiration Date and in that case the termination fee shall be the remaining months fee. Subscriber agrees to pay the posted subscription fees using a valid credit card that FHG accepts. FHG reserves the right to change the fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email). FHG shall provide 30 days notice of a Subscriber’s subscription Expiration Date. Subscribers 1 year subscription shall automatically renew and the terms stated herein shall apply, unless Subscriber terminates in writing prior to the Expiration Date. The renewal charge will be the current published rates for the term of your subscription. In the event FHG cannot charge your account, FHG reserves the right to terminate your access to the Fee-Based Services. If you believe FHG has billed you incorrectly, you must contact FHJG no later than 60 days after the closing date on the first billing statement in which the error or problem appeared and after investigation by FHG and upon confirmation that an error was made, FHG shall provide Subscriber an adjustment or credit. Inquiries and cancellation requests should be directed to the BlackCounselorOnline.com Customer Support department at info@BlackCounselorOnline.com
) or by phone at (480)626-1814.
3. License and Warranties
Subscriber hereby grants FHG the right to market, display, reproduce (including compression and temporary storage), distribute, perform, transmit and promote the Profile Advertisements together with any content or materials on any interactive site linked to the advertisements through the FHG website. Subscriber certifies that it has all necessary rights and permissions to offer, sell and/or license such products and services through the advertisements and the Subscriber’s website, and that the advertisement(s), profile, blogs, articles, event listings or news stories and the Subscriber’s website, if applicable, do not and will not violate any applicable laws or regulations, including applicable ethics rules, or any third-party rights (including, without limitation, intellectual property rights), or contain any libelous or defamatory materials. Subscriber certifies that the advertisement(s), blogs, articles, news stories or profile and the Subscriber’s website, if applicable, will at all times comply with all standard, written policies applicable to FHG, including the privacy policies and applicable state ethics rules that govern lawyer advertising.
4. FHG Trademarks
Subscriber shall not use, display or modify Black Counselor’s trademarks in any manner without the prior written consent of Black Counselor.
Subscriber shall not send unsolicited marketing e-mail, or commercial email or other online communications to the general public (e.g., “spam") through BlackCounselorOnline.com and shall comply with all standard FHG bulk email policies. Subscriber shall ensure that its collection, use and disclosure of information obtained from FHG users under this Agreement complies with all applicable laws, regulations and privacy policies. Subscriber shall not disclose such user information to any party, nor shall Subscriber use or allow any other party to use such user information in any manner that is or could reasonably be expected to be used by or on behalf of any product or service competitive with FHG. This section shall survive the completion, expiration, termination or cancellation of this Agreement for a period of two (2) years.
Both parties will keep the existence and terms of this Agreement confidential and neither party will publish any press release related hereto without the prior written consent of the other party.
- Either party may terminate this Insertion Agreement in the event of a material breach of this Agreement by the other party, which remains uncured after ten (10) days written notice thereof. In addition, FHG may terminate this Agreement upon a material breach by Subscriber of any other agreement between the parties which is not cured within cure period set forth in such agreement. If FHG terminates this Agreement due to Subscriber's material breach of any requirement of this Agreement or of any other written agreement with FHG, all of Subscriber's payment obligations hereunder shall survive such termination. If Subscriber terminates this Agreement due to FHG's material breach of this Agreement, Subscriber will be responsible only for the Pro-rata Payments.
- FHG may terminate this Agreement at any time for any reason upon thirty (30) days written notice to Subscriber (or upon such shorter notice as may be designated by FHG in the event that FHG believes in good faith that further display of the advertisements will expose FHG to liability or other adverse consequences). In such event, Subscriber will be responsible only for only the Pro-Rata Payments.
- This Agreement sets forth the entire agreement between Subscriber and FHG with respect to the transactions set forth herein, and supersedes any and all prior agreements of FHG or Subscriber with respect to such transactions. If an advertising agency signs this Agreement on behalf of Subscriber, the agency thereby represents and warrants that it has full authority to bind Subscriber to the terms of this Agreement and that it will ensure that Subscriber complies with all such terms.
- Subscriber shall not make any assignment of this Agreement or any rights benefits or obligations hereunder (including, without limitation, by way of merger or consolidation) without the prior written consent of FHG. In the event of an assignment, this Agreement shall be fully binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns.
- This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Arizona, except for its conflicts of laws principles. Subscriber hereby irrevocably consents to the exclusive jurisdiction of the courts of the State of Arizona and the federal courts situatedin the State of Arizona in connection with any action arising under this Agreement.
9. Fees and Payments
Certain features of BlackCounselorOnline.com are available only through the purchase of a subscription (“Fee-Based Services"). You agree to pay, using a valid credit card which BlackCounselorOnline.com accepts, the monthly or annual subscription charges set forth on the Site, applicable taxes, and other charges incurred on your account in order to access Fee-Based Services. BlackCounselorOnline.com reserves the right to change the fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email). For individual subscriptions initiated on or after August 1st 2006, BlackCounselorOnline.com will automatically charge your account for the renewal of your subscription. The renewal charge will be the current published rates for the term of your subscription. In the event BlackCounselorOnline.com cannot charge your account, we reserve the right to terminate your access to the Fee-Based Services. In the event you cancel the service, BlackCounselorOnline.com will not refund any fees already paid by you. If you believe BlackCounsleoronine.com has billed you incorrectly, you must contact BlackCounselorOnline.com no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries and cancellation requests should be directed to BlackCounselorOnline.com Customer Support department info@BlackCounselorOnline.com
) or by phone at (480)626-1814.
10. Subscriber/Member Account
If you register as a user of this Web site, you will be assigned a user name and password that is unique to you. You are responsible for maintaining the confidentiality of the user name and password, and responsible for all activities that occur under your user name and password. You agree to notify BlackCounselorOnline.com of any unauthorized use of your user name and password or any other breach of security at BlackCounselorOnline.com.
11. Blogging Disclaimer:
BlackCounselor (hereafter “this website") will abide by, adhere to, accept responsibility for, endure under and act with respect toward the following weblog disclaimer: By accessing this website, a "blogger"consents that s/he is familiar with, understands and absolutely accepts the following weblog disclaimer:
The views expressed by the authors of the blogs contained in this site do not necessarily reflect the views of this website, those who link to this website, template designer, or any other organization, service, motto, logo, insignia or avatar in any way connected with this website. Comments in the blogs are the sole responsibility of their writers and the writer will take full responsibility, liability, and blame for any libel or litigation that results from something written in or as a direct result of something written in a blog. The accuracy, completeness, veracity, honesty, exactitude, factuality and politeness of comments are not guaranteed.
ADITIONAL TERMS AND CONDITIONS
Agreement between Subscriber and BlackCounselorOnline.com
The BlackCounselorOnline.com website is comprised of various web pages operated by FHG, LLC (doing business as "FHG"). The BlackCounselorOnline.com website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the BlackCounselorOnline.com website constitutes your agreement to all such terms, conditions, and notices.
Free Trials and Refund Policy
Free trials of certain FHG products and services may be offered from time to time. The terms and conditions of such free trials shall be contained in the offer. No refund of any amount paid shall be granted under any of the following circumstances: 1) the accurate conversion of a free trial to a paid service; 2) the accurate collection of any fee for any active membership or other subscription service; or 3) the accurate collection of fees or other payment for any other product or service.
FHG reserves the right to change the terms, conditions, and notices under which the BlackCounselorOnline.com website is offered, including but not limited to the charges associated with the use of the BlackCounselorOnline.com website.
As a part of the merchant banking system, information security and privacy is critical to our business. Data transport security is encrypted and secured both using Secure Sockets Layer (SSL). FHG collects all information and stores that information in electronic form in physically secured data center facilities that are monitored 24/7/365 and that comply with the Payment Card Industry Data Security Standard (PCI DSS). These data centers are on separate portions of the power grid and have different communications connectivity. Each data center meets all of the physical security requirements and hardware and operating system configuration requirements.
FHG recommends that all customers, vendors and partners follow published and recommended best practices on information security and data protection
FHG respects the privacy of its users. Therefore, we will not monitor, edit, or disclose the contents of any e-mail or other communication through BlackCounselorOnline.com, unless required in the course of normal maintenance of FHG and its systems or unless required to do so by law or in the good faith belief that such action is necessary to (a) comply with the law or comply with legal process served on FHG or (b) protect or defend the rights or property of FHG. Users shall remain solely responsible for the content of their messages, regardless of what the content is. All personal information collected through BlackCounselorOnline is provided on a voluntary basis by BlackCounselorOnline.com users and visitors through a visible means of data entry or by collecting information using a registration form.
Upon request, FHG will (a) remove you and your personal information from our database and/or Professional. Network; (b) correct personal information that you state is erroneous; or (c) permit you to "opt out" of further e-mail contact (excepting notification of major changes to the service) while still allowing you to access BlackCounselorOnline.com.
FHG logs IP addresses for systems administration and troubleshooting purposes. Your IP address indicates the location of your computer on the Internet.
FHG may also gather anonymous information that may be used by FGH or shared with third parties. This information does not personally identify you, but may be helpful in improving the services offered. Generally this information is collected through "traffic data" and may entail the use of "cookies," "IP addresses," or other numeric codes used to identify a computer.
FHG may, in its sole discretion, perform statistical analysis of the collective characteristics and behavior of users to measure interests in the various areas of BlackCounselorOnline.com (for product development and other business development purposes).
Subscribers should be aware that when they are on BlackCounselorOnline.com, they could be directed to other sites that are beyond the control of FHG. There may be links to other sites from BlackCounselorOnline.com pages that take you outside our services. These may include links from sponsors and partners that may use the Site as part of a co-branding agreement with BlackCounselorOnline.com. These other sites may send their own cookies to users, collect and track data, or solicit personal information. FHG does not endorse the content found on such third-party sites. You assume sole responsibility for your use of third-party links and pointers.
If you participate in any discussions on BlackCounselorOnline.com, you agree not to use any language that is threatening, abusive, vulgar, discourteous or criminal. You also agree not to post or transmit information or materials that would violate the rights of a third party or which would contain a virus or other harmful component.
Please keep in mind that whenever you give out information online – including, for example, posting a message to a discussion group – that information can be collected and used by people you do not know. FHG cannot guarantee the security of any information you disclose online, and you do so at your own risk. FHG cannot control the acts of its members or visitors who use the interactive features of BlackCounselorOnline.com. You provide personal information, such as name, e-mail address, mailing address, and phone number during such use at your own risk, as they may be used by other parties outside of BlackCounselorOnline.com for unsolicited e-mail or other contact.
Consent to Disclosure
You acknowledge and agree that FHG may disclose Your Information (as defined in Section 4) if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court Agreement or legal process served on us or our website, (b) enforce this Agreement, (c) respond to claims that Your Information violates the rights of third parties; (d) protect the rights, property or personal safety of FHG, its employees, users and the public; or (e) enable the transfer or sale to another entity of all or substantially all of our stock or assets in the line of business to which this Agreement relates, or upon any other corporate reorganization, subject to the promises made in this Agreement. We also may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.
"Your Information" is defined as any information post or other material you provide (directly or indirectly), including through the registration process to use BlackCounselorOnline.com, in any public message board or through email. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information (as defined below).
In consideration of your use of BlackCouselorOnline, you agree that Your Information:
- (a) shall not be fraudulent;
- (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- (c) shall not violate any law, statute, ordinance or regulation;
- (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- (e) shall not be obscene or contain, pornography, child pornography, or photographs of unclothed person(s);
- (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- (g) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- (h) shall not link directly or indirectly to any materials to which you do not have a right to link to or include.
In addition, you agree that you will provide us with your valid, current email address, both at the time of your registration with us and from time to time as your email address changes.
Your account with FHG is password-protected so that only you can access it. FHG strongly recommends that you do not provide your password information to anyone.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Web site, are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by FHG.
By publishing, uploading or submitting any materials to us, including messages posted in our discussion groups or chat rooms, you automatically grant (or warrant that the owner of such rights has expressly granted) FHG a perpetual, royalty-free, irrevocable, nonexclusive right and license (with the right to grant sublicenses) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute such materials, incorporate such material and otherwise exploit all content or information you publish on the Site into any form, medium or technology, now known or later developed. You further agree that all such communications you make to the Web site shall not be deemed confidential. By your acceptance of these terms and conditions you agree to waive all recourse against FHG for any alleged or actual infringement or misappropriation of any proprietary or confidential publications or communications to FHG.
Links to third party sites / Third party services
The BlackCounselorOnline.com website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of FHG and FHG is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FHG is not responsible for webcasting or any other form of transmission received from any Linked Site. FHG is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FHG of the site or any association with its operators.
Certain services made available via BlackCounselorOnline.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the BlackCounselorOnline.com domain, you hereby acknowledge and consent that FHG may share such information and data with any third party with whom FHG has a contractual relationship to provide the requested product, service or functionality on behalf of BlackCounselorOnline.com users and customers.
No unlawful or prohibited use
As a condition of your use of the BlackCounselorOnline.com website, you warrant to FHG that you will not use the BlackCounselorOnline.com website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the BlackCounselorOnline.com website in any manner which could damage, disable, overburden, or impair the BlackCounselorOnline.com website or interfere with any other party's use and enjoyment of the BlackCounselorOnline.com website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BlackCounselorOnline.com websites.
THE LEGAL FORMS, LEGAL DOCUMENTS, LETTERS, ARTICLES, EXCEPT FOR THOSE NOT AUTHORED BY BLACKCOUNSELOR AND ALL OTHER CONTENT FOUND ON THE BLACKCOUNSELORONLINE.COM WEBSITE (“BLACKCOUNSELOR CONTENT") ARE PROTECTED BY COPYWRIGHT AND ALL OTHER APPLICABLE INTELLECTUAL PROPERTY RIGHTS. BLACKCOUNSELOR CONTENT IS NOT FOR RESALE. YOUR USE OF THE BLACKCOUNSELORONLINE.COM WEBSITE DOES NOT ENTITLE YOU TO RESELL ANY BLACKCOUNSELORONLINE.COM CONTENT. FOR THE AVOIDANCE OF DOUBT, YOUR USE OF THE BLACKCOUNSELORONLINE.COM WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOUR PROMISE THAT YOU WILL NOT RESELL OR OTHERWISE ATTEMPT TO COMMERCIALLY BENEFIT FROM THE BLACKCOUNSELOR CONENT WITHOUT THE EXPRESS WRITTEN CONSENT OF BLACKCOUNSELOR INCORPORATED.
Change of Terms
FHG will occasionally update this Statement of Terms and Conditions and Privacy to reflect company and customer feedback. FHG encourages you to periodically review this Statement to be informed of how FHG is protecting your information.
Click On Agreement
BY CLICKING THE "I AGREE" BUTTON OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER [WEBSITE OWNER] SOFTWARE, SERVICES, WEBSITES OR ANY OF [WEBSITE OWNER]'S LICENSEES SERVICES OR SOFTWARE (COLLECTIVELY "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE.