Black Bear Club ™
Please do not hack this website!
Updated: August 1, 2018
This website http://BlackBear.Club is operated for informational purposes only in compliance and under the full protection of the First Ammendment of the United States Of America.
First Ammendment of the United States Of America:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
WEBSITE: www.BlackBear.Club sometimes referred to in the following paragraphs and sentences as (“us”, “we”, “our”, “Black Bear Club”, “BlackBear.Club ”, “the service”, “service”, “services”, “site” or “website”)
If you do not agree exit this website immediately!
The information presented by this site is deemed to be accurate, but it has not been independently verified. We make no claims, promises, guarantees or warranties, express, implied or otherwise. It is the user’s responsibility to independently confirm accuracy and completeness.
We try to provide quality useful, product, general, and legal information, all information is provided as is. We make no claims, promises, guarantees or warranties, express, implied or otherwise regarding its accuracy, completeness, adequacy or performance of the information we supply. As legal information must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of a competent Attorney. Legal Information is not legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a Lawyer if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation. Talk To An Attorney About Your Case As Soon As Possible!
We are not lawyers, accountants or medical professionals. The content of this website is for information purposes only and is not meant as legal advice. If you have specific legal questions about any of the issues on this website, you should talk to an Attorney or Professional that specializes in your area of concern. . . . Talk To An Attorney About Your Case As Soon As Possible!
At times we review products, test products, critique products “including guns, ammunition, and other weapons”, places, laws, practices, elected officials and others. We write articles, share our experiences, voice our opinion, rant our outrage, and agree to disagree non-violently. We believe in the Constitution of the United States of America and we support all of its Amendments vigorously. We believe in civil rights, human rights, LGBT rights, women’s rights, equal rights for all, equal opportunity for all, equal pay for all, nondiscrimination, all lives matter, voting rights, #Me Too movement, religious rights, workers’ rights, in-depth background checks of all gun buyers, psychological evaluation of all law enforcement personnel and their testers. We are not biased or bigoted if we have an altercation with someone we will refer to them as “ASSHOLES” which is fair and neutral and not a racist or ethnic slur. We are not always politically correct and we do not intend to be. We advocate for a net neutrality. We promote the right to free elections absent of outside foreign influences. We support our Troops and we support our Veterans. Let us make Peace, Not War!
Free medical care for everyone with no exception! We vote for the person not the team!
We believe in a God by any name you assign to it! . . . . . In God We Trust, God Bless America!
If any of this bothers you, it may be better if you did not use this website.
The information content of this website is the truth as we know it at the moment if it changes we will try to adjust it accordingly. Please inform us of any inaccuracies, or changes that should be made, contact us at: Info@BlackBear.Club , Thank you.
You can easily begin using our site by filling out our membership form. In registering with us, you agree to provide accurate, current and complete information about yourself, and to update that information if it changes; if you don’t, we have the right to close your account and any web pages created under your account.
As part of the registration process, you will choose a password. It is your responsibility to keep this password confidential. You are responsible for all actions taken under your password. If you find out that your password or account is being used by someone without your consent, or you discover any other breach of security, you agree to notify us immediately through the e-mail support feature in our website (log in at “www.BlackBear.Club “, go to “Contact Us”, use the Info@BlackBear.Club e-mail link, be specific with the message you send us).
2. Charges and Billing
BlackBear.Club reserves the right to charge fees for the Service or any portion thereof. Any applicable fees will be posted on the BlackBear.Club web site. If you are required to pay a fee for all or any part of the Service for which you have chosen to register, you hereby authorize BlackBear.Club to charge your credit card or your preferred payment method in advance for all applicable fees incurred by you in connection with your chosen Service and your Account. You hereby acknowledge that in most cases, BlackBear.Club will be charging your designated credit card or your preferred payment method in accordance with the payment schedule of the Service for which you have registered, but some charges may accumulate on your credit card or your preferred payment account before they are charged to your credit card or your preferred payment account. You further acknowledge that it is your responsibility to notify BlackBear.Club of any changes to your credit card or your preferred payment method or if your credit card or your preferred payment method has expired otherwise your access to the Service may be disconnected or interrupted. All fees shall be paid in U.S. dollars. All charges for your ad[s], subscription, and services will show on your credit card or your preferred payment method statement as Payment@BlackBear.Club.
BlackBear.Club reserves the right to change any fees (which includes, but is not limited to, charging or changing a fee for subscriptions, e-zines, packages, options, upgrades and/or a Service for which BlackBear.Club does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after BlackBear.Club posts such modification on the BlackBear.Club web site. BlackBear.Club also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after you register for the Service. The answer to many common billing questions can by found by logging in to Member’s Account and going to the Account page. As set forth in Section 9 of this Agreement, you may cancel your Account at any time, but BlackBear.Club WILL NOT refund any remaining portion of your pre-paid fees when you cancel your Account.
You agree to pay your Account balance on time. You also agree to pay any taxes, including sales excise or use taxes, resulting from your use of the Service. Amounts not paid by you to BlackBear.Club when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that BlackBear.Club may incur in its efforts to collect any remaining balances due from you. This Section 2 shall in no way limit any other remedies available to BlackBear.Club. You also acknowledge and agree that you will be billed for and will pay any outstanding balances if you cancel your Account or your Account is terminated. You must notify BlackBear.Club of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card or your preferred payment method account statement. If you do not notify BlackBear.Club within sixty (60) days, you waive any right to dispute such problems or discrepancies.
You understand that the phrase “Powered by BlackBear.Club” will be placed in the footer of each and every web page generated and transmitted by BlackBear.Club’s System but may be easily removed from your webpage through your website manager tools.
4. Reference to Your site
You agree to allow BlackBear.Club to announce our customer relationship with you in a press release or similar distribution. This includes allowing us to profile and link to your site in any communications.
You agree to allow BlackBear.Club to list your site in a BlackBear.Club directory without your permission unless otherwise agreed upon. It is your responsibility to contact BlackBear.Club to have your site unlisted through either the e-mail support feature in our website (log in at “www.BlackBear.Club”, go to “Contact Us”, use the Info@BlackBear.Club
e-mail link, be specific with the message you send us).
Upon request BlackBear.Club may disclose your contact information to customers of your web page, government agencies, any trademark or copyright owner requiring to contact you in regards to transactions or content on your ad site.
While we do our utmost to safeguard your information, please remember that privacy over the Internet cannot be guaranteed, and keep this in mind when deciding what information to transmit or broadcast through BlackBear.Club’s site.
How we gather information from users.
How we collect and store information depends on the page you are visiting, the activities in which you elect to participate and the services provided. You can visit many pages on our site without providing any information. Other pages may prompt you to provide information, such as when you register for access to portions of our site, sign up for membership, request certain features (e.g., e-zine, newsletters, news updates and other products), sign up for a e-zine subscription or make a purchase. You may also provide information when you participate in sweepstakes and contests, voting and polling activities, message boards , member’s forum and chat rooms and other interactive areas of our site.
Like most Web sites, BlackBear.Club also collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use “cookie” technology. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular advertisement while visiting our site. As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but doing so may limit your ability to access certain portions of the site or may require you to re-enter your user name and password. Additionally we may not be able to customize the site’s features according to your preferences.
What we do with the information we collect.
We will use your information only as permitted by law. Aggregated Information (information that does not personally identify you) may be used in many ways. As one example, we may combine information about your usage patterns with similar information obtained from other users to learn which pages are visited most or what features are most attractive. Aggregated Information may occasionally be shared with our advertisers and business partners, but cannot be used to contact you individually.
Personally Identifiable Information collected by BlackBear.Club may also be used for other purposes including but not limited to site administration and troubleshooting. Certain third parties who provide technical support for the operation of our site (our Web hosting service and our newsletter and e-zine provider, for example) may access such information.
As we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or whenever we deem it appropriate or necessary to give such information to law enforcement authorities. Please note we may not provide you with notice prior to disclosure in such cases.
Your choice to opt out.
The quality information on BlackBear.Club is supported by advertising revenue and a controlled program of e-mail marketing is an important element of our online publishing business. Like other Web publishers, we sometimes permit our advertising and promotional associates to e-mail you about services, features, products, special offers and unique content we believe might interest you. If you prefer not to receive e-mail communications sent directly from our advertisers or promotional associates, you will be given an opportunity to decline before you provide us information we might use for this purpose. If you decline at the time you provide us such information, we will not share the Personally Identifiable Information you provide with non-Affiliated advertisers for such purposes, though we may on occasion send you information on their behalf.
How to Correct, Change, or Delete Your Personal Information.
Your privacy and security are important to us. If you have any questions or concerns about this policy, would like to be removed from a mailing list, or would like to update, or remove your personal information, please contact Black Bear Club at: Update@BlackBear.Club
Affiliated sites, linked sites and advertisements..
BlackBear.Club expects its associates, advertisers and third-party affiliates to respect the privacy of our users. However, third parties, including our associates, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a BlackBear.Club page, certain content that is actually created or hosted by a third party. Also, through BlackBear.Club you may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. BlackBear.Club is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.
NOTE: Never use your Social Security Number for identification.
BlackBear.Club will never ask you for your Social Security Number for any reason.
Please be careful and responsible whenever you are online. Should you choose to voluntarily disclose Personally Identifiable Information on our site, such as in message boards, chat areas or in advertising or notices you post, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages or criminal acts from other individuals or third parties. Such activities are beyond the control of BlackBear.Club and this agreement.
You will be fully responsible for maintaining the confidentiality of your passwords, and you will notify BlackBear.Club immediately if you believe that the security of your account has been compromised. (Login at “www.BlackBear.Club”, go to “Contact Us”, use the Info@BlackBear.Club e-mail link, be specific with the message you send us). BlackBear.Club DOES NOT REPRESENT OR IN ANY WAY WARRANT THAT ACCOUNT INFORMATION WILL REMAIN SECURE AND BlackBear.Club SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES RESULTING FROM ANY SECURITY BREACHES.
A Special Note for Parents Concerning Privacy
On sites specifically designed for children, BlackBear.Club makes a special effort to encourage children to consult with their parents before furnishing data. However, BlackBear.Club believes that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that help provide a “kid-friendly” online environment. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission. For additional information about parental control tools, please consult the “Consumer Assistance” page of the Direct Marketing Association home page ( www.the-dma.org ).
BlackBear.Club does not knowingly collect or solicit Personally Identifiable Information from or about children under 18 years of age except as permitted by law. If we discover we have received any information from a child under 18 years of age in violation of this policy, we will delete that information immediately. If you believe BlackBear.Club has any information from or about anyone under 18 years of age, please contact us at : (Login at ” www.BlackBear.Club “, go to “Contact Us”, use the Info@BlackBear.Club e-mail link, be specific with the message you send us).
Your California Privacy Rights
California Civil Code Section 1798.83, also known as S.B. 27, allows our California customers to request certain information regarding our disclosures in 2004, if any, of personally identifiable information to third parties for their own direct marketing purposes. To make such a request, please contact us at: (Login at ” www.BlackBear.Club “, go to “Contact Us”, use the Info@BlackBear.Club e-mail link, be specific with the message you send us), and include your name and the address to which you would like us to respond. We will attempt to provide you with the requested information within thirty days of receipt.
7. Member Conduct
User agrees to abide by all applicable Local, State, Federal, National and Foreign Laws, Treaties and Regulations in connection with the use of the service. The user agrees to not transmit or post information or commit any acts that are harmful to others.
In general, we do not screen or edit information transmitted or shared by members on our site, but we reserve the right (but have no duty) to monitor, to remove any objectionable information, and to remove any web pages from our system at any time, without notice, at our sole discretion.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“Content”), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this website nor for any error or omission.
To help ensure that everyone’s experience at BlackBear.Club is a positive one, we have certain rules for conduct, which you must agree to in using our site.
You agree to:
* follow all of your local, federal, provincial/state, national and international laws, treaties and regulations.
* be responsible for all information, data, text, software, music, sound, photographs, images, graphics, video, messages or other material (“Content”) that occur under your account or password, including any Content transmitted or broadcast through your account.
* comply with all applicable laws regarding the transmission of technical or other data exported from the country in which you reside.
* provide direct contact information your customer can use to contact you regarding questions and issues regarding purchases from your site.
You also agree that you will NOT engage in acts of evil:
Do NOT upload, post, display, broadcast, solicit, or transmit through your BlackBear.Club ad-site any unlawful acts of evil, harassing (including “stalking”), pornographic, abusive, threatening, harmful, obscene, libelous, tortuous, defamatory, vulgar, invasion of another’s privacy, hateful, violent, racially charged rants and raves, religious intolerance rants and raves, unethically or otherwise objectionable content, scams, spam. Pornographic material includes genitalia and/or female breasts being displayed as well as sexual acts.
You are not to upload, post, display, broadcast, solicit, or transmit through your BlackBear.Club ad-site any unlawful, advertising or promoting for prostitution of any human, trafficking of humans, animals, or any other contraband that is deemed illegal locally or internationally, all such ads will be reported to the proper authorities immediately.
Report all violations to: (Login at ” www.BlackBear.Club “, go to “Contact Us”, use the Info@BlackBear.Club e-mail link, be specific with the message you send us).
You agree that you will NOT:
* copy, broadcast, distribute, or otherwise use any content provided by others, in a manner that is unlawful, harassing, abusive, threatening, harmful, obscene, libelous, tortuous, or otherwise objectionable on your BlackBear.Club site.
* host, broadcast or transmit any content that might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others.
* copy, broadcast, distribute, or otherwise use any content provided by others, in a manner that infringes the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others.
* interfere with or disrupt BlackBear.Club’s site, services, computer systems, servers or networks, or violate the regulations or policies of such networks.
* transmit any content containing viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful programs.
* attempt to gain unauthorized access to BlackBear.Club’s site or services, others’ accounts, private web sites, or computer systems or networks connected to BlackBear.Club’s site, through password mining or otherwise.
* engage in any systematic extraction of data or data fields, including without limitation e-mail addresses.
* frame the site in any way or otherwise attempt to defeat, modify or bypass any pages or functionality of the site.
* collect information about others without their consent.
* provide false information on your registration form, impersonate any person or the voice of any person, or otherwise attempt to mislead others about your identity or affiliation with a person or entity or the origin of a message or other communication.
* transmit junk mail, spam, chain letters, or other unsolicited bulk e-mail or duplicative messages.
* copy audio content without the permission of all parties to the conversation.
* sell access to or use of any services available on BlackBear.Club’s site.
* interfere with anyone’s use or enjoyment of BlackBear.Club’s site.
* harm minors in any way.
* harm anybody in any way.
* fail to respond to customer, copyright or trademark holders questions within 3 business days.
* promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons and creating “Crush” sites.
* use your web ad site page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond our site.
A VIOLATION OF THE FOREGOING GUIDELINES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
8. Third Party Content
For your convenience, the Service, which includes the BlackBear.Club website, contains products, services, content and information from third party providers (which includes advertisers and affiliates) and/or links to their Web sites (“Third Party Content”). Such Third Party Content is not under the control of BlackBear.Club and BlackBear.Club is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. BlackBear.Club is under no obligation, but does reserve the right to pre-screen Third Party Content available on the Service and does not assume any responsibility or liability for the content provided by others. BlackBear.Club is providing such Third Party Content to you only as a convenience, and the inclusion of such content does not imply endorsement by BlackBear.Club of such content or the affiliate or advertiser. You may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites. BlackBear.Club does reserve the right to remove content that, in BlackBear.Club’s judgment, does not meet its standards, but BlackBear.Club is not responsible for any failure or delay in removing such material.
BlackBear.Club is not and will not be responsible for (I) the terms and conditions of any transaction between you and any third party, (II) any insufficiency of or problems with any such third party’s background, insurance, credit or licensing, or (III) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release BlackBear.Club (and its owners, affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF BlackBear.Club IS AT YOUR OWN RISK. ALL CONTENT AVAILABLE THROUGH BlackBear.Club IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER BlackBear.Club, NOR ANY OF ITS AFFILIATED OR RELATED COMPANIES, OR ANY OF ITS OR THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING BlackBear.Club, THE CONTENT, ANY ADVERTISING MATERIAL, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH SERVICES OR SITES. BlackBear.Club MAKES NO WARRANTY THAT BlackBear.Club WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT BlackBear.Club OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES.
BlackBear.Club CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. BlackBear.Club DOES NOT UNDERWRITE, REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE BlackBear.Club SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
YOU ALSO ACKNOWLEDGE THAT YOU FULLY UNDERSTAND THE INFORMATION ON THIS WEBSITE IS ONLY INFORMATION AND NOT LEGAL ADVICE.
9. End Users to Your Ad Site
Your relationship with your end users, “End Users” in this Agreement referring to any user who visits your ad site and uses the BlackBear.Club service, is independent from BlackBear.Club. BlackBear.Club will be not be held liable for any disagreements between you and your End Users and will not get involved with any disputes arising from your relationship.
All real estate advertised herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise any preference, limitations, or discrimination based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin, or intention to make any such preference, limitation or discrimination. We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. Contact: www.hud.gov
Federal and State law make it unlawful for employers and employment agencies to advertise prospective employment where the job is limited as to age, race, creed, religion, color, national origin, sex, sexual orientation, gender identity, disability, genetic disposition, or career status, or marital status, unless based upon a bona fide occupational qualification. BlackBear.Club does not knowingly accept advertising in violation of these laws. When you suspect employment discrimination, call the Commission on Human Rights Hotline in your State, or go to: www.nlrb.gov/nlrb/home/default.asp
You the User are solely responsible for all liabilities related to and arising from what you advertise or sell.
11. Storage of Content
The storage space per web ad site is limited, so it is possible that some messages or other content you transmit may not be processed due to space constraints, or will not be stored for a long time. You agree that BlackBear.Club is not responsible or liable for deleting or failing to store any content. You agree to download your old ads on a regular basis and will not leave a copy of the ads on the servers. You agree that BlackBear.Club can delete any ads on the servers older than forty-five (45) days.
If you delete your web ad site in part or in whole, accidentally or intentionally, and you ask BlackBear.Club to attempt to retrieve it from the archives, you agree that BlackBear.Club will charge a $50 fee to your credit card for this service. You agree that BlackBear.Club is not responsible or liable for any content that cannot be retrieved.
12. Maintenance and Updates
BlackBear.Club reserves the right to interrupt service no more than five (5) percent of the year for maintenance and updates to our site. This service interruption does not include power outages, service loss or any other reasons as listed in Section 22 Force Majeure.
You agree to indemnify and hold BlackBear.Club, rebranders, cobranders, and its owners, suppliers, affiliates, partners, subsidiaries, directors, shareholders and employees (collectively, the “Indemnified Parties”) harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys’ fees), incurred by an Indemnified Party arising out of or related to (I) your breach of this Agreement; (II) any information (including but not limited to your data and your publicly posted information) submitted, posted, or otherwise provided by you at your ad site and/or BlackBear.Club and/or its affiliates; (III) any dispute or litigation between an Indemnified Party and a third party caused by your actions; and (IV) your negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of your relationship with BlackBear.Club or your use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of BlackBear.Club and/or its owners, suppliers, affiliates, partners, subsidiaries and employees.
14. Indemnification by Customer
You will defend, indemnify and hold BlackBear.Club harmless from and against any and all liabilities, losses, damages, costs and expenses (including reasonable legal fees and expenses) associated with any claim or action brought against BlackBear.Club that arises directly or indirectly from you or your end-users, or the content of such end-user’s web ad site, contrary to the provisions of this Agreement, including claims based on representations, warranties, or misrepresentations made by you, provided that BlackBear.Club promptly notifies you in writing of the claim and allows you to control and fully cooperate with you in the defense and all related settlement negotiations. You shall be relieved of its indemnification obligations under this Agreement to the extent it is actually prejudiced by BlackBear.Club’s failure to provide such notice or cooperation. You shall have no liability for any settlement or compromise made without its prior written consent, although such consent not to be unreasonably withheld.
16. Proprietary Rights to Content
You agree that Content presented through our site by BlackBear.Club, its advertisers, or others, including all text, graphics, logos, button icons, images, audio files, software, data compilations and other intellectual property, is owned by BlackBear.Club or its licensees and is protected by copyright, trade-mark, service mark, patent, or other proprietary rights and laws. You agree not to otherwise copy, change, upload, transmit, sell or distribute any content available through BlackBear.Club’s site, including code and software, except standard page caching which occurs in the normal course of browsing. By way of example, you agree not to use any trade names or trademarks displayed on any other website you operate such as in the meta-data of such website. Except as expressly authorized by BlackBear.Club or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the software, in whole or in part. You also agree not to record or otherwise make a copy of audio content on the site unless you have the permission of all parties to the conversation to do so.
17. Your Grant of Limited License
By posting or submitting content to the site, you (a) grant to BlackBear.Club and its owners, affiliates and licensees the royalty free, non-exclusive right to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote the content in any form, anywhere and for any purpose; (b) warrant and represent that you own or otherwise control all of the rights to the content and that the public posting and use of your content by BlackBear.Club will not infringe or violate the rights of any third party; and (c) waive all moral rights that you have in the content and warrant and represent that all other authors and creators of the content have also waived their moral rights in and to the content.
Please note that BlackBear.Club is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to BlackBear.Club.
18. User Forums / Markets
The site provides users with the opportunity to post and share messages. You should use caution as any disclosed personal information becomes public information. We may, but we are not obliged to, monitor or review any content including messages posted to the site. BlackBear.Club is not responsible for any content, opinions, or views expressed by its members or visitors on its website.
It is the responsibility of the User to exercise Due Diligence when using this or any other website.
Webster’s New World Dictionary®
caveat emp-tor (emp’tor)
[L] let the buyer beware
(i.e., one buys at one’s own risk)
Please be careful and responsible whenever you are online. Should you choose to voluntarily use the Information on our site, such as in Recipes, Members’ Forum, Message Boards, Chat Areas, Advertising, Posted Notices or online Markets you do so at your own risk.
It is the User’s responsibility and obligation to make certain that the use of any ingredients in recipes and products are not harmful to you, your family, friends or pets health, general public, or to the environment. You the User should take all precautions and sanitary measures in the preparation and proper cooking, baking and Grilling methods of all food ingredients in the recipe and should not rely on others for this information. Food Safety Facts, and Cooking Temperatures can be found at the U.S.D.A. website: www.FoodSafety.gov
Some recipes may have allergens that may be harmful or fatal.
Your use of such recipe or products are beyond the control of BlackBear.Club and this agreement.
For your convenience, and enjoyment the Service, which includes the BlackBear.Club Website, Forums, and Markets, contains Recipes, Goods, Products, Services, Content and Information from individual users and third party providers (which includes advertisers and affiliates) and/or links to their Web sites (“Third Party Content”). Such Individual User and Third Party Content is not under the control of BlackBear.Club and BlackBear.Club does not underwrite, endorse or recommend and is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content.
BlackBear.Club is under no obligation, but does reserve the right to pre-screen Individual Users and Third Party Content available on the Service and does not assume any responsibility or liability for the content provided by others. BlackBear.Club is providing such Third Party Content to you only as a convenience for your enjoyment, and the inclusion of such content does not imply endorsement by BlackBear.Club of such content or the individual user, affiliate or advertiser.
BlackBear.Club does reserve the right to remove content that, in BlackBear.Club’s judgment, does not meet its standards, is inaccurate or false but BlackBear.Club is not responsible for any failure or delay in removing such material.
Other Specifics About Interactive Areas (Forums, Message Boards, Chat Areas, etc.)
BlackBear.Club bulletin boards, forums, chat rooms and other such interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. Given the nature of BlackBear.Club and the volume of messages and postings, BlackBear.Club cannot and does not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. BlackBear.Club reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
While the administrators and moderators of the forum will attempt to remove or edit any generally objectionable material as quickly as possible, it is impossible to review every message. Therefore you acknowledge that all posts made to the BlackBear.Club forums express the views and opinions of the author and not the administrators, moderators or webmaster (except for posts by these people) and hence will not be held liable.
You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented or any other material that may violate any applicable laws. Doing so may lead to you being immediately and permanently banned (and your service provider being informed). The IP address of all posts is recorded to aid in enforcing these conditions. You agree that the webmaster, administrator and moderators of this forum have the right to remove, edit, move or close any topic at any time should they see fit. As a user you agree to any information you have entered above being stored in a database. While this information will not be disclosed to any third party without your consent the webmaster, administrator and moderators cannot be held responsible for any hacking attempt that may lead to the data being compromised.
The forum exists as a source of free information. You agree not to use this forum to endorse, promote or recommend any particular product or service, or any manufacturer, distributor, company or service provider. If somebody inquires about a particular product, service, manufacturer, distributor, company or service provider, you may provide factual information in response.
Information provided in the forum is not intended to substitute for informed legal advice, or other professional advice. If you submit a question or comment on such a topic, it is assumed that you are interested in soliciting and receiving or giving general information rather than professional advice. You should bear in mind that the applicability of such general information might vary substantially in different states and according to the individual factual circumstances surrounding a particular question or comment. Accordingly, if you desire or require legal or professional advice, please consult a lawyer or other qualified provider who is licensed in your state or country.
The questions or comments you submit and the responses you receive do not form the basis for a professional-client relationship, including but not limited to and attorney-client relationship, and are not subject to standards or requirements of confidentiality and/or privilege associated therewith.
By using the forums you agree to be bound by these conditions.
Interactive areas, Forums, discussion boards, chat rooms, etc., are intended to encourage public debate. We expect people to differ – judgment and opinion are subjective things – and we encourage freedom of speech and a marketplace of ideas. But by using these areas of BlackBear.Club, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. Decisions as to whether content violates any Posting Rule will be made by BlackBear.Club in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our site. When using BlackBear.Club, please do not post material that:
* contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate.
* is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity.
* violates any right of BlackBear.Club or any third party.
* discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
* violates any municipal, state, federal, national, or international law, rule, regulation, ordinance, treaties or attempts to encourage such an evasion or violation.
* unfairly interferes with any third party’s uninterrupted use and enjoyment of BlackBear.Club.
* advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
* uploads copyrighted or other proprietary material of any kind on BlackBear.Club without the express permission of the owner of that material.
* includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, federal, national or international law, rule, guideline, treaties, or regulation, or otherwise creates liability.
* uploads or transmits viruses or other harmful, disruptive or destructive files.
* disrupts, interferes with, or otherwise harms or violates the security of BlackBear.Club, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through BlackBear.Club or affiliated or linked sites.
* “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
A VIOLATION OF THE FOREGOING GUIDELINES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
Communications With Third Parties (e.g., Sellers, Vendors) Through BlackBear.Club
Your dealings or communications through BlackBear.Club with any party other than BlackBear.Club are solely between you and that third party. For example, certain areas of BlackBear.Club may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by third-party sellers and vendors. Under no circumstances will BlackBear.Club be liable for any goods, materials, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
19. External Links
BlackBear.Club’s site may contain links to other sites. You agree that BlackBear.Club does not underwrite or endorse any other sites and is not liable for any loss or damages related to the content, products, materials or services available through those sites. Because BlackBear.Club has no control over such sites and resources, you acknowledge and agree that BlackBear.Club is not responsible for the availability of such external sites or resources, and does not underwrite or endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BlackBear.Club shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, materials or services available on or through any such site or resource.
BlackBear.Club welcomes links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by BlackBear.Club . You may not use on your site any trade names, trademarks, service marks or copyrighted materials appearing on the BlackBear.Club site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site any of the content or other materials on the BlackBear.Club site without prior written consent of the owners of BlackBear.Club .
If any provision of this Agreement shall be held illegal, unenforceable, or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
The titles and headings of the various sections and paragraphs in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon any of the provisions of this Agreement.
22. Force Majeure
BlackBear.Club shall not be liable for the failure to perform any of its obligations under this Agreement, if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes and other industrial disturbances, failure of raw materials suppliers, accidents, transmission difficulties, Internet outages, I.S.P. server crash, riots, insurrections, terrorist attacks, acts of God or orders of governmental agencies.
You will be fully responsible for maintaining the confidentiality of your passwords, and you will notify BlackBear.Club immediately if you believe that the security of your account has been compromised. (Login at ” www.BlackBear.Club “, go to “Contact Us”, use the Info@BlackBear.Club e-mail link, be specific with the message you send us). BlackBear.Club DOES NOT REPRESENT OR IN ANY WAY WARRANT THAT ACCOUNT INFORMATION WILL REMAIN SECURE AND BlackBear.Club SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES RESULTING FROM ANY SECURITY BREACHES.
24. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BlackBear.Club EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BlackBear.Club MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, MATERIALS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS OR OMISSIONS WILL BE CORRECTED. (VI) BlackBear.Club MAKES NO WARRANTY EXPRESSED, IMPLIED OR OTHERWISE TO YOUR EARNINGS/INCOME OR POTENTIAL EARNINGS/INCOME FROM THE USE OF THE SERVICE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
25. Limitation of Liability
IN NO EVENT SHALL BlackBear.Club ITS OWNERS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF BlackBear.Club ’s OWNERS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BlackBear.Club ‘s AGGREGATE LIABILITY TO YOU AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT YOU ACTUALLY PAY TO BlackBear.Club UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS.
Without limiting the foregoing, neither BlackBear.Club nor its suppliers are responsible for any of your data residing on the Service or BlackBear.Club ‘s suppliers’ hardware. You are responsible for backing-up your data and information that may reside on the Service or BlackBear.Club ‘s suppliers’ hardware, whether or not such information is produced through the use of the Service. It is your responsibility to take the necessary steps to ensure that your primary means of business is maintained (if applicable).
26. Governing Law
BlackBear.Club is controlled, operated and administered by BlackBear.Club from its offices within the United States of America. BlackBear.Club makes no representation that products, materials or Content available through BlackBear.Club are appropriate or available for use outside the United States of America and access to them from territories where their contents are illegal is prohibited. You may not use BlackBear.Club or export the Content in violation of United States of America’s export laws and regulations. If you access BlackBear.Club from a location outside the United States of America, you are responsible for compliance with all local and international laws.
27. Dispute Resolution
All parties agree not to sue the other for any breach or alleged breach of this agreement, until the aggrieved party shall have notified the other party in writing, specifying in detail the breach alleged to have occurred. The aggrieved party shall make at least one representative, fully authorized to settle in all respects, available to the other party for at least four (4) full hours at a reasonable time within fifteen (15) days of the date of the notice, at the request of the other party; All parties agree to meet for negotiation talks in the State of Delaware, United States of America. If the parties shall not have settled, their differences within ninety (90) days after the notice is given the aggrieved party may then and only then bring an action in a proper court. This paragraph shall be continuing and the agreements in it shall survive closing, and be applicable to any other document arising out to this agreement.
Member agrees that any dispute or claim arising out of or related to the Service or this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in the State of Delaware under the American Arbitration Association Rules by one arbitrator appointed in accordance with said Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. Member agrees that any claim against BlackBear.Club must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary, otherwise such claim will be barred forever.
Notwithstanding the above, BlackBear.Club may apply to any court of competent jurisdiction (I) for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary, including without limitation for breach of Section 16 (Proprietary Rights to Content) or (II) to collect fees due and owing from Member pursuant to this Agreement, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator.
This Agreement shall be governed in all respects by the laws of the State of Delaware, United States of America. Such law shall be applied by the arbitrator to the merits of any dispute or claim. For any non-arbitral action or proceeding arising out of or related to the Service or this Agreement, both parties submit to sole and exclusive jurisdiction and venue in the courts located in the State of Delaware, United States of America and further agree that any such action or proceeding shall be brought in a court in the State of Delaware, United States of America.
A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
28. Confidential Information
“Confidential Information” is any data or information, oral or written, treated as confidential that relates to either party’s (or, if either party is bound to protect the confidentiality of any third party’s information, such third party’s) past, present, or future research, development or business activities, including any unannounced products and services, any information relating to services, inventions, processes, plans, source code, object code, binary code, algorithms, ideas, know-how, financial information, customer data, revenue, transaction volume, forecasts, projections, and the financial terms of this Agreement. Notwithstanding the foregoing, Confidential Information shall not be deemed to include information if: (I) it was already known to the receiving party prior to the Effective Date of this Agreement as established by documentary evidence; (II) it is in or has entered the public domain through no breach of this Agreement or other wrongful act of the receiving party; (III) it has been rightfully received by the receiving party from a third party and without breach of any obligation of confidentiality of such third party to the owner of the Confidential Information; (IV) it has been approved for release by written authorization of the owner of the Confidential Information; (V) it has been independently developed by a party without access to the Confidential Information of the other party; or (VI) it is required to be disclosed pursuant to final binding order of a governmental agency or court of competent jurisdiction, provided that the owner of the Confidential Information has been given reasonable notice of the pendency of such an order and the opportunity to contest it.
29. Relationship to Customer
BlackBear.Club and you shall perform all duties under this Agreement as independent contractors. Nothing in this Agreement shall be construed to give either party the power to direct or control the daily activities of the other party, or to constitute the parties as principal and agent, employer and employee, franchiser and franchisee, partners, joint venturers, co-owners, or otherwise as participants in a joint undertaking. The parties understand and agree that, except as specifically provided in this Agreement, neither party grants the other party the power or authority to make or give any agreement, statement, representation, warranty, or other commitment on behalf of the other party, or to enter into any contract or otherwise incur any liability or obligation, express or implied, on behalf of the other party, or to transfer, release, or waive any right, title, or interest of such other party.
30. Standard Clip-Art and Photos
As part of the Service, BlackBear.Club provides you with a space to display standard clip-art and photos to incorporate into your web ad sites. In using the clip-art and photos, you are governed by an Image License Agreement with the supplier of the clip-art and photos. You understand that the Image License Agreement is a separate contractual relationship between you and the supplier and that you, and not BlackBear.Club , are responsible for all liability, and obligations in connection with that relationship. BlackBear.Club is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between you and the supplier (“Supplier Dispute”). In the event of a Supplier Dispute, you hereby release BlackBear.Club (and its owners, officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connection with such disputes.
31. Copyright Policy
It is the policy of BlackBear.Club . (BlackBear.Club ”, “us” or “we”) to respect the intellectual property rights of others; we ask that our members do the same. BlackBear.Club may terminate the accounts of those who appear to infringe the intellectual property rights of others, and/or BlackBear.Club may remove content that has prompted a complaint.
If you believe that your copyright in any material has been infringed by BlackBear.Club or a member of the BlackBear.Club community, please provide us with the following:
1. A description of the copyrighted work that you claim has been infringed;
2. A description of the material that you claim is infringing, identified with sufficient detail to enable us to locate it on the site;
3. Your name, address, telephone number, and e-mail address;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on the copyright owner’s behalf; and
6. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
BlackBear.Club makes no claims to the ownership of logos, trade names, trademarks, service-marks or copyright material of others. All material used in the publication of BlackBear.Club is coincidental to the publication of BlackBear.Club . It is not our intension to infringe upon the trade name, trademark, service-mark or copyright of others and we will ask permission if the question of use of such shall arise in the normal course of publishing BlackBear.Club . All logos, trade names, trademarks, service-marks, and copyrights used in the publication of BlackBear.Club are the property of their prospective owners as protected by law.
This is official notice to all that may be affected by the above, that they shall notify BlackBear.Club of any disagreement, breach or claim within thirty (30) days of first use of the disputed media to give BlackBear.Club an opportunity to come into compliance, failure to do so indicates acceptance and relieves BlackBear.Club and its owners and affiliates of all liabilities under law.
Please direct all notices of claims of copyright infringement relating to the BlackBear.Club site through;
BlackBear.Club ‘s Copyright Agent for notice of copyright or other intellectual property infringement can be reached as follows:
By e-mail: CopyrightAgent@BlackBear.Club
32. Talk to an Attorney or a Professional
We are not lawyers, accountants or medical professionals. The content of this website is for information purposes only and is not meant as legal advice. If you have specific legal questions about any of the issues on this website, you should talk to an Attorney or Professional that specializes in your area of concern.
Talk To An Attorney About Your Case As Soon As Possible!
“I” refers to you, the user, together with any person[s], company, agency, government body, or other business entity you are representing.
* I the User of this website fully understand that it is the responsibility of the User to exercise Due Diligence when using this or any other website or online service.
I am legally competent and of legal age, and I have read all of the above and I fully understand and accept all of the terms and conditions as stated in this agreement on this site, and of my own free will I have entered and used the BlackBear.Club website, and I fully understand and agree that my use of this site is at my own risk.
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