Terms and Conditions

Last updated: April 10, 2021

Please read this Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://blackfitandsingle.com Website (the “Website”) operated by blackfitandsingle.com, LLC (“us”, “we”, “our”) as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Our offers and pricing

We offer goods, services, and digital products on this Website. The price of these goods, services, and digital products can be found listed on the Website. This price includes all applicable taxes and other fees.

Purchases

When you make a purchase on the Website, you will be using a third party payment processor, PayPal, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by PayPal. The following payment method(s) are accepted by the third party payment processor: American Express, MasterCard, Visa, and Discover.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

Cancellation policy

We offer cancellations on purchases made of the goods, services, and digital products offered on our Website. We offer cancellations only 48 hours after purchase. You may cancel your order by contacting us and via the Website. You will not be charged a cancellation fee if you cancel your purchase in accordance with the instructions above. We will not be able to issue you a refund of the purchase price that you paid if you cancel your purchase.

We reserve the right to cancel your purchase for any reason, in our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will let you know immediately if we plan on cancelling your purchase.

We will not be able to issue you a refund of the purchase price that you paid if we cancel your purchase.

Refund policy

We offer refunds on purchases made of the goods, services, and digital products offered on our Website. To qualify for a refund, you must submit your request to us within 48 hours of your purchase date by contacting us.

We offer refunds on any purchases of the goods, services, and digital products offered on our Website for the following reason(s) only: didn’t like it and did not meet the expectations advertised. Please note that we do not offer refunds for any other reasons other than those listed above.

You are not required to ship your purchased goods back to us to receive a refund.

Advance payments

We may ask you to provide an advance payment on any purchase made of the goods, services, and digital products offered on our Website. An advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing the goods, services, and digital products.

We will not be able to issue you a refund of the advance payment that you made if we cancel.

We will not be able to issue you a refund of the advance payment that you made if you cancel.

NO WARRANTY ON PURCHASES

THE ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE ARE PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Remedies

You agree that the remedies for breach of this Terms of Service as it relates to your purchase shall be:

• reject the goods, services or digital products;
• refund based on 48 hour policy.

You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.

Subscriptions

This Website features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. The initial term of the subscription is monthly, 3-month, 6-month, 1-year.

YOU MAY REVOKE YOUR SUBSCRIPTION BY CONTACTING US WITHIN 1 DAY OF MAKING YOUR PURCHASE. IF YOU REVOKE YOUR SUBSCRIPTION, IT WILL NOT AUTOMATICALLY RENEW AND YOU WILL NOT BE CHARGED FOR THE RENEWALS. PLEASE NOTE THAT YOU WILL NO LONGER RECEIVE THE ITEMS OR SERVICES PROVIDED BY THE SUBSCRIPTION ONCE YOU REVOKE.

THERE IS NO MINIMUM PURCHASE REQUIRED TO QUALIFY FOR THE SUBSCRIPTION.

AUTOMATIC RENEWALS OF SUBSCRIPTIONS

WHEN YOU PURCHASE A SUBSCRIPTION ON THE WEBSITE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW WHEN PREVIOUS SUBSCRIPTION EXPIRES. WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION BY USING THE PAYMENT METHOD ON FILE UNTIL YOU CANCEL YOUR SUBSCRIPTION.

YOU MAY CANCEL THE AUTOMATIC RENEWALS OF YOUR SUBSCRIPTION VIA THE FOLLOWING MEANS:

• EMAIL – AS****@BL***************.COM;
• THROUGH THE WEBSITE.

PLEASE NOTE THAT YOU WILL NO LONGER RECEIVE THE ITEMS OR SERVICES PROVIDED BY THE SUBSCRIPTION ON YOUR CANCELLATION EFFECTIVE DATE.

YOU MUST PROVIDE US WITH 48 HOURS NOTICE PRIOR TO YOUR AUTOMATIC RENEWAL DATE OF YOUR INTENT TO CANCEL THE AUTOMATIC RENEWALS FOR THE CANCELLATION TO BE EFFECTIVE.

Accounts

When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us.

Comments and uploading content

By submitting a comment or uploading content onto this Website, you grant blackfitandsingle.com, LLC a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content. When you make a comment or upload any content onto this Website, you agree that such comment or content may be viewed by other parties and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules or regulations. We reserve the right to remove any content or comment at any time in our sole discretion.

The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Website:

• Content that harrasses others;
• Content that is discriminatory or offensive;
• Swearing, name calling and otherwise abusive content;
• Pornographic and sexually explicit content;
• Content displaying, depicting or suggesting violence;
• Content that exploits or abuses children;
• Content encouraging or committing illegal acts;
• Content sharing personal information without consent;
• Content infringing on someone’s rights, including intellectual property rights;
• Content advertising products or services without our permission;
• Content whose purpose is spamming others;
• Content unrelated to purpose of this website.

NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS
Blackfitandsingle.com, LLC does not conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others and check out our Safety Tips.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

1. Impersonating or attempting to impersonate blackfitandsingle.com, LLC or its employees, representatives, subsidiaries or divisions;
2. Misrepresenting your identity or affiliation with any person or entity;
3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
11. Otherwise attempting to interfere with the proper working of the Website;
12. Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

NO WARRANTY ON WEBSITE

THIS WEBSITE IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Availability, errors and inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

DAMAGES AND LIMITATION OF LIABILITY

IN NO EVENT SHALL BLACKFITANDSINGLE.COM, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF BLACKFITANDSINGLE.COM, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BLACKFITANDSINGLE.COM, LLC WILL NOT BE HELD LIABLE FOR PERSONAL COMMUNICATION, MEETINGS, AND RELATIONSHIPS BETWEEN PARTIES WHO HAVE MET ON THIS WEBSITE. IN ADDITION, BLACKFITANDSINGLE.COM, LLC WILL NOT HELD LIABILE FOR ANY ILLEGAL OR CRIMINAL BEHAVIOR OR INCIDENT(S) BETWEEN ANY MEMBERS WHO HAVE MET ON THIS SITE. BLACKFITANDSINGLE.COM, LLC WILL BE HELD HARMLESS AND FREE OF BLAME FOR ANY ACCOSTING, HARRASSMENT, OR ANY AND ALL ILLEGAL ACTION AGAINST ANY AND ALL MEMBERS.

ALL MEMBERS ARE RESPONSIBLE FOR THEIR OWN ACTIONS OR NONACTIONS AND BLACKFITANDSINGLE.COM, LLC WILL NOT BE HELD LIABLE FOR THOSE MEMBERS’ ACTIONS OR NONACTIONS.

THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF BLACKFITANDSINGLE.COM, LLC.

Links to third party websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2021 Blackfitandsingle.com, LLC or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Blackfitandsingle.com, LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of Blackfitandsingle.com, LLC or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact N. Jackson at in********************@gm***.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
3. Your name, email, address and telephone number; and
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

N. Jackson
as****@bl***************.com
336-818-9886
Greensboro, NC 27409
UNITED STATES

Governing law, severability, dispute resolution and venue

These Terms shall be governed and construed in accordance with the laws of the state of North Carolina, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Guilford County, North Carolina.

YOU AND BLACKFITANDSINGLE.COM, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.

Questions

If you have any questions about our Terms of Service, please contact us at as****@bl***************.com.

Privacy Policy

Last updated: April 10, 2021

We value your privacy very highly. Please read this Privacy Policy carefully before using the https://blackfitandsingle.com Website (the “Website”) operated by blackfitandsingle.com, LLC (“us,” “we,” “our”) as this Privacy Policy contains important information regarding your privacy and how we may use the information we collect about you.

Your access to and use of the Website is conditional upon your acceptance of and compliance with this Privacy Policy. This Privacy Policy applies to everyone, including, but not limited to: visitors, users, and others, who wish to access or use the Website.

By accessing or using the Website, you agree to be bound by this Privacy Policy. If you disagree with any part of the Privacy Policy, then you do not have our permission to access or use the Website.

What information we collect, where we get this information from, how we use this information, what happens if we don’t have it, and the legal basis for processing this information

We collect any and all information that you enter on this Website. We collect the following information about you:

With whom we share your information

We do not share your personal information with any third parties.

How we protect your information

We have implemented the following measures to protect and safeguard your personal information:

• using ssl or other secure connection technologies when receiving or sending personal information beyond internal networks;
• maintaining up-to-date software and safeguards.

Sale of your information

We do not sell your personal information.

Cookies

A cookie is a small piece of data sent from a website and stored on your computer by your web browser. The file is added once you agree to store cookies on your computer or device, and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow sites to respond to you as an individual. The Website can also tailor its operations to your needs, likes, and dislikes by gathering and remembering information about your preferences.

Children’s privacy

This Website is intended for use by a general audience and does not offer services to children. Should a child whom we know to be under 18 send personal information to us, we will use that information only to respond to that child to inform him or her that they cannot use this Website. We do not sell the personal information of minors under the age of 16.

Analytics programs

This Website uses Google Analytics to collect information about you and your behaviors. If you would like to opt out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout/.

Information retention

We retain all of the information that we collect until we no longer need the information to contact you.

Direct marketing

We use the information that we collect about you for direct marketing purposes. Direct marketing is the act of selling products or services directly to consumers rather than through retailers. Residents of the European Union – You may, at any time, request that we cease to use your information for direct marketing purposes by emailing us at in********************@gm***.com.

Your rights

Depending upon where you reside, you may have the following rights with regard to your personal information.

*You may exercise these rights at any time by emailing us at in********************@gm***.com. Please note that we may ask you to verify your identity before we can exercise any of these rights.

Exercising your rights

You may exercise the rights provided to you by submitting a request via email – in********************@gm***.com

We will need to verify your identity prior to effectuating your request. To verify your identity, you will need to provide us with the following information with your request:

• Name;
• Postal / Shipping address;
• Billing address;
• Email address.

Please note that we may be unable to process your request if you do not provide us with the above information.

You may also designate an authorized agent to exercise your rights on your behalf. You may designate an agent via any of the ways used to submit your request. We will request the agent to verify that he or she has the authority to submit requests on your behalf. We will do so by asking the agent to submit the following information:

• The requester’s valid government-issued ID.

Please note that we may not be able to process your request if your designated agent and/or you do not provide us with the above information.

We will respond to most requests by California residents within 45 days of receipt. We will respond to requests from residents of the European Union and/or the United Kingdom within 30 days of receipt.

We have the ability to deny your request(s) if certain exceptions in the law apply. If we do deny your request, we will provide you with the reasons for such denial. Normally, we do not charge a fee to process or respond to consumer requests. However, we may charge a fee if the request is excessive, repetitive or manifestly unfounded.

Residents of Canada may exercise the rights specified above by submitting a consumer request to the person accountable for our privacy practices and policies, whose contact information is below.

Please note that we may be unable to process your request if you do not provide us with the above information.

We will respond to most consumer requests within 30 days of receipt. However, some requests may take longer. We will notify you in writing if we need more time to respond (up to an additional 30 days). We have the ability to deny your request(s) if certain exceptions in the law apply. If we do deny your request(s), we will provide you with the reasons for such denials.

Accountability

The following person is accountable and responsible for our privacy practices and procedures:

N. Jackson
Processor
—
info@bl***************@gm***.com

You may lodge a complaint with us by contacting the person accountable and responsible for our privacy practices and procedures at the contact information above. You may also lodge a complaint with the Office of the Privacy Commissioner of Canada by filling out this form or calling 1-800-282-1376.

Location of data processing

All data processing activities undertaken by us take place in North Carolina.

Third-party websites

This Website may contain hyperlinks to websites operated by parties other than us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. It is up to you to read and fully understand their Privacy Policies. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Do Not Track

Do Not Track is a preference you can set on your browser to inform websites that you do not want to be tracked. We do not support Do Not Track (“DNT”). You can either enable or disable Do Not Track by visiting the Preferences or Settings page of your browser.

Changes to Privacy Policy

We reserve the right to amend this Privacy Policy at any time. We will not provide you with any notice when we make changes to this Privacy Policy.

Questions

If you have any questions about this Privacy Policy, please contact us at as****@bl***************.com.