Last Updated 12 January 2018
This privacy statement (also referred to as Black Salt’s Privacy Policy explains our privacy practices for our customers who use our website www.blacksaltint.com
Black Salt’s Commitment to Privacy
We respect your right to privacy. We do not sell, rent, share or disclose personal information to third parties without your prior consent, except in the circumstances described in this Privacy Statement. In addition, your ability to make informed choices about the uses of your information is important to us. This privacy statement explains our policy regarding the collection, use, disclosure and protection of personal information.
A. What is Personal Information?
Personal information is information that identifies an individual or that can be reasonably associated with a specific person or entity, such as a name, contact information, Internet (IP) address and information about an individual’s purchases and online shopping. Personal information can also include medical information.
B. Collection of Personal Information
We collect the personal information that you provide us, such as when you:
– sign up for or renew your Black Salt membership;
– register to use blacksaltint.com or sign up for news or notifications of specials or other promotions on blacksaltint.com;
– place an order or purchase products or services, online or otherwise;
– contact us for any reason;
– participate in a survey or promotion; or
– sign up for or participate in our various Member Services (see Member Services below).
We may automatically collect some information when you visit our website, such as your computer’s IP address and operating system, the site from which you linked to us, your site activity, the time and date of your visit, and your purchases. This information may be collected through the use of “cookies” and web beacons (see Online Specifics below). We also receive information from third parties who help us correct our records, prevent fraud, and provide Member Services or special promotions or products (see Member Services below). We may combine any of this information with the other personal information we maintain about you.
C. Use of Personal Information by Black Salt
The personal information we collect is generally used to process your requests or transactions, provide you with high-quality service, tell you about opportunities we think will be of interest and administer your account, including distribution of our own surveys and publications. For example, we may:
– Alert you about product recalls or safety issues;
– Communicate membership opportunities and programs; and
– Provide you with promotional information, such as coupons, offers and product recommendations, or information about Member Services (“Promotional Information”). If you prefer not to receive Promotional Information from us, let us know. You may contact us at any time to decline Promotional Information.
D. Sharing of Personal Information
We share information in these circumstances:
1. Order Fulfillment
We may provide to a third-party information as necessary to fulfill an order you have placed with us. For example, we may provide your address to a shipper, and if you pay by a credit or debit card, your card number and sales transaction information are passed to the card processor and/or issuer (including their service providers such as fraud verification services). However, we give suppliers, and others involved in the distribution chain only the information needed to provide you the products or services you order, and we require them to keep the information confidential and not to use it for other purposes. We are not responsible for any information you provide directly to these parties, and we encourage you to become familiar with their practices before disclosing information directly to them.
2. Member Services
We offer special products and services to our members through third parties, such as rebates, other business and consumer services (“Member Services”). We may share your name, postal address, email address and membership status, number and type (“Member Information”) with these third parties in order to notify you of their offerings, to determine whether, or at what level, you qualify for the products or services, and to evaluate new and existing products or services.
However, if you apply for products or services, the information listed above, plus other relevant information you provide will be shared directly with the third parties who will be providing the requested products or services.
These third parties are required to use personal information we share only to provide the requested services. We are not responsible for any additional information you provide directly to these parties, and we encourage you to become familiar with their privacy practices and policies before disclosing information to them. Information you provide to third parties, may in turn be shared with us along with information about your use of the services. In some cases, these third parties may require as a condition of providing services to you that you authorize them to share information with us. If we terminate our relationship with a third party, information you provided to them may be returned to us, and we may provide that information to a new third party offering the same or similar services.
3. Our Contractors
We may contract with others to perform services on our behalf. For example, we might retain a company to process credit card payments, ship merchandise, distribute emails, process rebates or analyze data. If any of these service providers need access to your personal information, we require them to use it only to perform the services for us. We also require that they maintain the confidentiality of the information and/or return the information to us when they no longer need it.
E. Other Uses and Disclosures
In addition, we may use or disclose personal information in the good faith belief that we are lawfully authorized to do so, or that doing so is reasonably necessary to protect you, to comply with legal process or authorities, to respond to any claims, or to protect the rights, property or personal safety of Black Salt International, our Members, our employees or the public. If your membership was purchased for you as an employee benefit, we may share your name, address and membership level, but no other personal information, with your employer. Information about our Members, including personal information, may be disclosed or transferred as part of, or during negotiations of, any merger or sale of company assets or acquisition.
F. Protection of Personal and Credit Card Information
We have physical, administrative and technical security measures in place to protect personal information from loss, misuse or alteration while it is under our control. We are required to collect, process and maintain payment card information in accordance with the data security rules adopted by credit card companies such as Visa, MasterCard and American Express. This means that we do not retain debit card PINs or credit card security codes, and that any time we maintain a credit card number, such as when you create an online account, we must limit access to it and use strong encryption to protect it. Further, when you enter personal information online, that information is encrypted prior to transmission using a security protocol called SSL (Secure Sockets Layer). We also use SSL to allow you to securely view your online account and registration information.
Online account information is accessible only by using a password. You must keep your password confidential. You are responsible for all uses of www.blacksaltint by anyone using your password. Please advise us immediately if you believe your password has been misused.
G. Online Specifics
1. Information Gathering and Use.
We use cookies. Cookies are small files that are stored on your computer. They enable us to monitor online activity. We use this information to help optimize your shopping experience. For example, we may customize our home page for you, better display pages according to your browser type, and/or deliver customized product recommendations and email. We also allow third-parties who provide us with analytics services to place cookies on our site for that purpose. Information gathered using these cookies helps us improve your user experience, the performance of our site and our site optimization activities. This information is not maintained in a way that can be associated with any personal information. Cookies are not spyware, and Black Salt does not collect multi-site data or share personal information with others that we gather through cookies. Currently our site does not respond to “Do Not Track” features enabled through your browser.
Like most web sites, our servers log your IP address, the URL from which you accessed our site, your browser type, and the date and time of your purchases and other activities. We use this information for system administration, troubleshooting, fraud investigation and communications from Black Salt (only).
Finally, we use web beacons to determine when and how many times a page has been viewed. Again, we use this information for our own marketing purposes.
Your browser will accept cookies and allow automatic collection of information unless you change the browser default settings. If cookies are disabled, the web site will not load properly.
2. Links to Other Sites
From our web site you can link to websites of third parties who we allow to offer goods and services to our members or who provide functions and amenities to our site, such as product information and reviews. If it is not clear from the context that you are being directed to a third party site, we endeavor to notify you that you are visiting a site where a different privacy policy applies. In general, any personal information you provide on the linked pages is provided directly to that third party and is subject to that third party’s privacy policy. We are not responsible for the content or privacy and security practices and policies of websites to which we link. We encourage you to learn about their privacy and security practices and policies before providing them with personal information.
3. Updating, Reviewing or Correcting Online Personal Information
You may update, review or correct your online account information at any time by accessing your password-protected registration page via the “My Account” area of the Web site. You also may email or call.
H. Apps/Mobile Specifics
SMS (Text) Messages
We will send you SMS (text) communications only if you consent to receive them. We may send you information customized based on your area code, but we do not automatically collect any information that discloses your physical location.
I. Use of the Black Salt.com Web Site by Children
We encourage parents to take an active interest in their children’s use of the Internet. We do not intend to collect information from children who are under 18 years of age. If you are under 18, you can use this service only in conjunction with permission and guidance from your parents or guardians.
J. Changes to this Statement
We may change this privacy statement at any time, but will alert you that changes have been made by indicating at the top of the privacy statement the date it was last updated. We encourage you to review our privacy statement to make sure you understand how your personal information will be used. If we make a material change to how we use personal information and the new uses are unrelated to uses we disclose in this statement, we will communicate the changes in advance.
Last Updated 12 January 2018
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BLACK SALT INTERNATIONAL LLC, TOGETHER WITH ITS SUBSIDIARIES AND AFFILIATES (“Black Salt”) PROVIDES YOU ACCESS AND USE OF THIS SITE SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE (the “Site Terms”). BY ACCESSING, BROWSING AND USING THIS SITE (the “Site”), YOU AGREE TO BE BOUND BY THE SITE TERMS AND ALL APPLICABLE LAW. IF YOU DO NOT AGREE TO BE BOUND BY THE SITE TERMS AND APPLICABLE LAW EACH TIME YOU USE THIS SITE OR YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE SITE TERMS, YOU MAY NOT USE THE SITE. THE LINKS BELOW PROVIDE DETAILED INFORMATION ABOUT OUR TERMS AND CONDITIONS OF USE:
A. Related Policies and Terms
Additional policies and terms apply to use of specific portions of this Site and to the purchase of certain Merchandise or Services and are included as part of the Site Terms. Please refer and review all additional specific terms and conditions, including the terms at Black Salt Shopping.
The Site Terms apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with Black Salt for products, services, or otherwise.
Black Salt has adopted a Privacy Statement that you should refer to in order to fully understand how we use and collect information. To learn about Black Salt ‘s privacy practices, please refer to the Privacy Statement section of the Site.
B. Modification of Site Terms
Black Salt reserves the right to modify these Site Terms in our sole discretion from time to time and only Black Salt has the right to do so. If the Site Terms are changed, we will post the new terms on the Site and note the date they were last updated. Any changes or modification will be effective upon posting of the Site Terms as revised, and your use of the Site following the posting will constitute your acceptance of the new Site Terms.
C. United States Usage
This Site is operated by a U.S. entity and is governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to this Site. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
D. License and Site Access
1. License and Site Access
Black Salt grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of this Site or any Site Materials (defined below); (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Site materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any Black Salt trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Site or any other user of the Site. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Black Salt or any third party. You may not use any meta tags or any other “hidden text” utilizing Black Salt’s name, trademark, or product name without our express written consent. “Site Materials” means all materials on the Site, including, without limitation, trademarks (as specifically defined in these Site Terms) design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof.
We may terminate this license and your use of or access to the Site if you make or permit any unauthorized use of this Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.
2. Internet Access
You acknowledge and agree that in connection with your use of the Site you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such access and connection to the World Wide Web, including a computer, software, a modem and a means of connecting to or accessing the Internet. Black Salt shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.
3. Disclaimer of Duty to Constitute Provision of the Data
Due to the dynamic nature of the Internet, resources that are free and publicly available one day may require a fee or restrict access the next, and the location of items may change as menus, homepages, and files are reorganized. User expressly agrees that use of Site is at the user’s sole risk. Black Salt does not warrant that the service will be uninterrupted or error free.
E. Changes, Misprints, Error and Cancellations
Subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through this Site, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on this Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on this site is inaccurate or when we recognize abuse of our policies. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our state sales tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.
F. Password and Security
If you use a password to access this Site or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify Black Salt immediately. Black Salt reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Site and your account, including without limitation, terminating your account, changing your, password or requesting information to authorize transactions on your account. While Black Salt takes prudent steps to protect your account and the Site, it cannot protect your information outside of the Site. For example, when Black Salt communicates with you via unencrypted email from time to time at your request, the communication is not secure, is not stored securely, and the information contained may be viewed by others. You acknowledge that by requesting information by email, you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner. Black Salt may rely on the authority of anyone accessing your account or using your password and in no event will Black Salt be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction of Black Salt under this provision; (ii) any compromise of the confidentiality of your account or password, and (iii) any unauthorized access to your account or use of your password.
G. Intellectual Property
1. Ownership
All Site Materials are owned by us and others and are protected by United States and international copyright, trademark and other laws.
2. Trademarks
BLACK SALT INTERNATIONAL, BLACKSALTINT.COM (and other registered trademarks owned by Black Salt listed on the attached Exhibit A), and their respective designs and/or logos are either trademarks or registered trademarks of Black Salt and may not be copied, imitated or used, in whole or in part, without the prior written permission of Black Salt. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of Black Salt, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Black Salt. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
3. Restrictions on Use
Except as stated in the Site Terms, none of the materials and Intellectual Property described in these Site Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Black Salt or the respective intellectual property owner. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Site – including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance – without the prior written permission of Black Salt – is strictly prohibited.
4. Copyright
To notify us of a copyright infringement, write to us at legal@blacksaltint.com
Include the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements).
a. The physical or electronic signature of the owner or someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. A description or identification of the copyrighted work you claim has been infringed.
c. A description of the material that is claimed to be infringing, and information reasonably sufficient to allow us to find it.
d. Your address, telephone number, and e-mail address.
e. 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.
f. A statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.
Repeated violations of others’ copyrights may result in a loss of privileges.
H. Software
Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available on this Site is licensed to you by Black Salt on a non-exclusive and limited basis. Black Salt shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
I. Hyperlinks
1. Links to the Site
You are granted a limited, non-exclusive right to create a hypertext link to the home page only of this Site, provided such link does not portray Black Salt or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Black Salt trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page, or form contained on a page without Black Salt’s express written consent. All other linking is prohibited without prior consent from Black Salt. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Black Salt or any third party.
2. Third Party Links
Black Salt makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this Site, or web sites linking to this Site.
J. Submissions
1. Your Information
If you register on the Site, you agree that any information you provide to us will be current, accurate and complete.
2. Additional Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Black Salt, or postings on this Site (“Submissions”) are non-confidential (subject to our Privacy Statement) and that you remain solely responsible and liable for your Submissions. You further hereby grant (or warrant that the owner of the Submissions has granted) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or of our assigns, and you hereby waive all moral rights, or agree, represent and warrant that all moral rights in the Submissions (including without limitation the rights of paternity, attribution and integrity) are irrevocably waived, in favor of us and our assigns.
3. Restrictions for Submissions
By using the Site, you agree not to do any of the following:
1. Upload to, distribute or otherwise publish through this Site any message, information, text or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
2. Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the Nasdaq Stock Market;
3. Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
5. Upload to, distribute or otherwise publish through this Site any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or “spam,” (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions; and
6. Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
4. Policies and Enforcement
All access to and use of this Site is governed by and subject to the Site Terms. We have
the right, but not the obligation, to monitor any activity and Content associated with forums and interactive areas on this Site. We may access at any time and use internally for any lawful purpose information stored on our systems, including the content of any emails or other communications. We may disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. Black Salt has the right, but not the obligation, to take any action we deem appropriate, including but not limited to action to issue a warning, suspend or terminate your access and use of the Site and related services at any time, and block, remove or edit any communication and materials that Black Salt believes in its sole discretion may violate applicable law, the Site Terms or a third party’s rights. Black Salt takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
5. Responsibility for Your Conduct
You remain solely liable for the Content of any messages or other information you upload or transmit to the discussion forums or interactive areas of this Site. You agree to indemnify and hold harmless Black Salt and its parents, employees, agents and representatives from any third-party claim, action, demand, loss, or damages (including attorneys’ fees) arising out of or relating to your conduct, your actual or attempted violation of these Site Terms or any applicable law, your violation of any rights of a third party, or the acts or omissions of a third party who has authority to access or use the Site on your behalf or arising out of your violation of your obligations under Section F.
K. Material Disclosure
1. Forward Looking Statements
This Site, and any documents issued by us and available through this Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Forward-looking statements include all passages containing verbs such as “aims,” “anticipates,” “believes,” “expects,” “intends,” “plans,” “predicts,” “projects,” or “targets” or nouns corresponding to such verbs. Forward-looking statements also include statements or other passages primarily relevant to expected future events or that can only be evaluated by events that will occur in the future. These forward-looking statements are based on the opinions and estimates of management at the time the statements are made and are subject to certain risks and uncertainties that could cause the actual results to be materially different from those anticipated in or implied by the forward-looking statements. Forward-looking or other statements speak only as to the date they were released. Black Salt undertakes no obligation to update forward-looking or other statements to reflect events or circumstances that occur after the date the statements were made. In addition, please note that information contained in this Site shall not be included as part of, or incorporated by reference into (nor shall it be deemed to be a part of or incorporated by reference into), any prospectus or offering memorandum of the Company used in connection with the offering or sale of securities.
2. Webcasts or Conference Calls
From time to time, Black Salt might provide information to the public via webcasts or conference call. Unauthorized recording or downloading of these is not permitted. Any rebroadcast or rewebcast of these events is prohibited without the express prior consent of Black Salt. Information provided is only accurate as of the date of the event. While Black Salt attempts to ensure your access and use of the Site is safe, Black Salt cannot and does not represent or warrant that this Site or it’s server will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks) or otherwise meet your requirements.
3. Third Party Financial Information
We provide links and access to third party web sites or services that contain information that is provided as a service to those interested in the information. Black Salt neither regularly monitors nor assumes responsibility for the content of third parties’ statements or web sites. Accordingly, Black Salt does not endorse or adopt these web sites or any information contained therein. Black Salt makes no representations or warranties whatsoever regarding their accuracy or completeness.
L. Children
This website is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this site by children, minors and others under your care. You agree to be responsible for their use of this website.
M. Disclaimer
THIS SITE AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BLACK SALT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THIS SITE. BLACK SALT DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. BLACK SALT IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. BLACK SALT DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF BLACK SALT OR IT’S AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Black Salt.
N. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLACK SALT BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO BLACK SALT’S OPERATION OF THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BLACK SALT (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO BLACK SALT’S OPERATION OF THE SITE EXCEED $100.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD OF BLACK SALT IN CONNECTION WITH OPERATING THE SITE.
O. Applicable Law, Venue and Limitation of Actions
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Utah applicable to agreements made and entirely to be performed within Utah, without resort to its conflict of law provisions. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed and adjudicated only in the federal or state courts located in Salt Lake City, Utah, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these terms and conditions.
P. Termination
Notwithstanding any of these terms and conditions, Black Salt reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site if you violate any of these Site Terms or its policies. Upon termination, these Site Terms shall still apply.
Q. Consent to Email Communication
When you visit this Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting a notice on this Website. We do not include details of your personal financial or medical information in emails unless you specifically request that we do so. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the blacksaltint.com site, or leaving a telephone message with an email address for customer service to respond to a query about your account, as a request that we communicate personal financial or medical information with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information (including your personal financial or medical information) from time to time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner.
R. Legal Equivalency
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
S. Severability
If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
T. Waivers
No waiver, express or implied, by either party of any breach of or default under these Site Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Exhibit A
Currently, Black Salt owns the following registered trademarks: BLACK SALT INTERNATIONAL. Black Salt also may use other trademarks that are not registered.