Terms of Use

This website (“Site”) is operated by National Black Guide LLC (“NBG,” “we,” or “us”), a black-owned small business.  These Terms of Service (“Terms”) explain how we conduct our business with individuals and businesses and govern your use of this Site and our related websites and, apps, and other services we provide (collectively referred to as our “Service”). As used in these Terms, “you” and “your” mean both individuals and business entities.  Please read these Terms carefully.  By using the Service, you are bound by these Terms.  If you do not agree, please immediately discontinue using the Service.  These Terms are a legally binding contract between you and NBG regarding your use of the Service, regardless of whether you are a registered user of the Service.  Please read these Terms carefully. You can download these Terms and save or print a copy for your files.

Eligibility

You affirm that you are at least 18 years of age.  You may not access or use the Service if you are not able to form a binding, legal agreement with us.  By agreeing to these Terms, you represent and warrant to us that you have not previously been suspended or removed from the Service and your registration and use of the Service complies with all applicable laws and regulations.  If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you are binding the organization to these Terms.

Accounts and Registration

To access features of the Service, we may require that you register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will always keep it up to date. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and you accept responsibility for the activities that occur under your account. If you have reason to believe that your account is no longer secure, notify us immediately at [email protected]

Donations

You may donate to NBG by using the “Donate” link on the website.  Donations are not refundable unless we determine in our sole discretion that a refund is appropriate.  Although you may request that your donation be allocated to a specific NBG, we reserve the right to determine the specific projects and amounts to which your donation will be allocated. We do not guarantee our projects, including the success or completion of a project. When you donate through our website you will be taken to the website of our third-party provider, which is governed by that provider’s terms of use and privacy policy.

Restrictions on Use of the Service

You agree not to:

Representations of Users

You hereby agree and confirm, both individually and on behalf of the business or entity that you represent that:

Updating Your Email Address
It is your responsibility to provide us with a valid email address and to promptly notify us of any changes in this information.

Privacy Policy

Please read the NBG carefully for information relating to our collection, use, storage and disclosure of your personal information. NBG Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

Additional Terms

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service, such as agreements associated with loans, or rules that apply to a particular feature or content on the Service. All additional terms are incorporated by this reference into, and made a part of, these Terms.

Changes and Amendments to these Terms

We reserve the right to change these Terms or any Site content at any time without notice and in our sole discretion, by posting a change notice or a new Terms on our Site, or using commercially reasonable efforts to notify you via email, if provided. Any change to these Terms shall be effective as to you or any user who uses this Site without notice, by posting of the Terms as changed on this Site, with or without notice of any specific changes. You agree that you will comply with these Terms as they may be modified from time to time by us by checking for modifications on this Site, whether or not you have received notice of any changes by email or otherwise. If any modifications of these Terms are unacceptable to you, your only recourse is to terminate use of this Site. Your continued use of this Site following your receipt of notice of any modifications will constitute binding acceptance of any modification. Any inconsistent terms between these Terms and any subsequent modifications of Terms posted on this Site shall be controlled according to the latest posting.

Ownership; Proprietary Rights

The Service is owned and operated by NBG. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by NBG are protected by intellectual property and other laws. All Materials included in the Service are the property of NBG or our third-party licensors. Except as expressly authorized by NBG, you may not make use of the Materials. NBG reserves all rights to the Materials not granted expressly in these Terms.

Submissions

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service, then you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit your input and suggestions in any manner and for any purpose, including to improve the Service and create other products and services.

Indemnity

You are responsible for your use of the Service, and you will defend and indemnify NBG and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

Disclaimer

The Site, the Service and its content are made available “as is” and “as available” without warranty of any kind, either express or implied. This includes, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement or enjoyment. We make no guarantee that the Service content is up-to-date, accurate, or complete. You should not rely on it for any decision or to take any action. We hereby disclaim any warranty that the Service content will be free of interruption, free of errors, or that any of the sites is free of viruses, worms, trojan horses, or other code that manifests contaminating or destructive properties.

Limitation of Liability

Under no circumstances will NBG or any of its affiliates be liable to you or any other person for any direct, special, exemplary, indirect, incidental, consequential, or punitive damages or costs, or attorney’s fees arising out of or relating to these terms, access to, use of, or the operation of any site, any of the site content, or user content. Your sole and exclusive remedy and our sole and exclusive liability to you for any reason shall be for you to discontinue your access to or use of the Site. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Limited Time to Bring Your Claim

To the extent permitted by law, you agree that any cause of action arising out of or related the Site or the Service must be commenced within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Governing Law

These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and NBG agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New Castle County, Delaware for the purpose of litigating any dispute. We operate the Service from our offices in Delaware.

General

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and NBG regarding your use of the Service. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Arbitration

You hereby agree that all disputes and causes of action arising out of use of this Site may be arbitrated (at our sole discretion) by a single arbitrator selected by us and conducted in Delaware, or such other location, as we may choose in its sole discretion, under the rules of the American Arbitration Association (“AAA”) and the Delaware Rules of Civil Procedure with limited discovery. The judgment of the arbitrator shall be binding and executable in any civil court.  The losing party shall pay all costs and fees. Equitable actions for temporary restraining orders or injunctions may be instituted in a court of competent jurisdiction concerning the use, misuse, or improper dissemination of information.  You agree to waive your right to a trial by jury or to participate in a class action.

Contact Us

Questions?  You may contact us with any questions or concerns about these Terms at: 888-854-5525