Terms Of Service You (referred to herein as “Licensee”) have registered an online account with Black Business Boom, LLC (“Black Business Boom”, “we”, or “us”) to deliver your loyalty plans, rewards, discounts, and/or promotions to individuals through Black Business Boom’s Services (defined below). To agree to these Terms of Use, click “I ACCEPT”. If you do not agree to these terms, or if you do not have the authority to enter into these Terms of Use, do not click “I ACCEPT”, and do not use the Services.
1. Terms of Use. Black Business Boom’s agreement to transact business with Licensee is subject to Licensee’s agreement to all of the terms herein without modification. Black Business Boom reserves the right to change these Terms of Use at any time, effective immediately upon posting on its website. If Licensee violates these Terms of Use, Black Business Boom may immediately terminate Licensee’s use of the Services, and/or take appropriate legal action against Licensee.
2. Definitions.
2.1. “Licensee Content” shall mean digital promotional and marketing material, including loyalty programs, provided by Licensee for provision of its Promotions via the Services to Subscribers, including any Licensee trade name, trademark, service mark and logos.
2.2. “Promotion” means any loyalty plans, rewards, discounts, and/or promotions of Licensee and other Black Business Boom customers.
2.3. “Services” means Black Business Boom’s online Get-Perked platform, including without limitation the related websites and applications; APIs, software, technology, and documentation; all data and other information collected, obtained, derived or generated through use of the Services; and all content (excluding any Promotion) available on or through the Services.
2.4. “Subscriber” means an individual that has registered to use Black Business Boom’s Get- Perked mobile application to receive Promotions and opted in to receive messages via SMS, beacon or geofence, if applicable.
3. Promotions.
3.1. Black Business Boom will make Promotions available to Subscribers through the Services.
3.2. If Licensee fails to comply with the Terms of Use, Black Business Boom, in addition to all other remedies available to it at law and equity, may: (a) suspend performance of its obligations under these Terms of Use, until Licensee’s breach has been cured; or (b) terminate these Terms of Use without further liability, obligation or penalty.
3.3. Black Business Boom may terminate or suspend any Promotion at any time for any reason, with or without notice.
3.4. Black Business Boom will collect data arising from or relating to Subscribers’ registration and interactions with Promotions (including clicking, viewing, and redemption data). “Subscriber Data” means all such Subscriber data and information collected, generated, derived or obtained by Black Business Boom.
4. Email Support.
4.1. Black Business Boom shall provide email support to Licensee Monday through Friday (holidays excluded) between the hours of 9:00 a.m. and 5:00 p.m., Eastern Standard Time, with respect to questions regarding the Services. Hours of service are subject to change at any time by Black Business Boom without notice.
4.2. Licensee will provide Subscriber support relating to Licensee’s Promotions.
5. License Grant.
5.1. Subject to the terms and conditions of these Terms of Use, Black Business Boom hereby grants to Licensee a limited, non-exclusive, non-sublicenseable, non-transferable, revocable license within the United States during the term of these Terms of Use solely to access and use the Services to (i) manage and maintain Licensee’s account; (ii) implement Licensee’s Promotions in accordance with these Terms of Use; and (iii) send and receive notifications, reports, and other information to and from Black Business Boom;
5.2. Subject to the terms and conditions of these Terms of Use, Licensee hereby grants to Black Business Boom a non-exclusive, non-sublicenseable, non-transferable, royalty-free license during the term of these Terms of Use to (i) serve Licensee’s Promotions, including Licensee Content, to Subscribers via the Services; and (ii) use Licensee’s trade name, trademark, service mark and logos in connection with Licensee’s Promotions and in presentations, marketing materials, financial reports, and general listings of customers.
5.3. Except as expressly provided herein, neither party will use the other party’s trade name, trademark, service mark and logos (“Marks”) without such party’s prior written consent. Each party agrees to use the other party’s Marks in accordance with such party’s then current trademark usage guidelines. All goodwill associated with a party’s use of the other party’s Marks will inure solely to the benefit of the Mark owner and neither party will take any action to damage the goodwill associated with the other party or its Marks.
6. Requirements and Restrictions.
6.1. Requirements. Licensee represents and warrants that Licensee Content and Licensee Promotions do not contain content that: a. violates, or encourages conduct that violates, laws, statutes, ordinances, and regulations; b. violates a third party’s copyrights, trade secrets, trademarks, privacy rights, publicity rights, or other intellectual property or proprietary rights; c. Licensee does not have the right to disclose under any law, contractual obligation, or fiduciary relationship; d. is sexually explicit, pornographic, obscene, defamatory, libelous, threatening, harassing, hateful, discriminatory, racially or ethnically offensive, abusive, violent, humiliating to or bullying of other people, or otherwise inappropriate, as deemed by Black Business Boom in its sole discretion; e. is fraudulent, false, misleading, or deceptive; f. may create a risk of harm, loss, emotional distress, or physical or mental injury to any person or animal; g. is harmful to or exploitive of children, or that includes images or videos of children without first obtaining the consent of their parent or guardian; h. sends, facilitates, or promotes illegal games, contests, spam, surveys, unsolicited advertising or promotional materials, pyramid schemes or chain letters; i. disseminates malware, spyware, adware, viruses, Trojan horses, trap doors, worms, time bombs, cancelbots, corrupted files or any other similar software, files, or programs that may (i) damage or adversely affect the operation of the software, hardware of systems of any user, or (ii) interfere with, intercept or expropriate any personal information; j. impersonates another person or entity; or k. promotes gambling, ammunition and/or firearms, tobacco products, illegal drugs or other illegal activity such as unlicensed pharmaceuticals, unlicensed healthcare providers or services, unlicensed pharmacies and studies or clinical trials that are not conducted pursuant to FDA approval or standards.
6.2. Licensee shall not directly or indirectly, or knowingly permit other persons to distribute, modify, adapt, translate, reverse engineer, decompile or disassemble or attempt to derive the source code for any software used to operate the Services.
6.3. Licensee shall not reproduce, copy, duplicate, alter, tamper with, sell, resell, rent or trade the Services.
6.4. Licensee shall be solely responsible and liable for the accuracy, integrity, and validity of Licensee’s Promotions.
6.5. Black Business Boom may provide Licensee with certain Subscriber Data pertaining solely to Subscriber interactions with Licensee’s Promotions. Licensee warrants that it shall at all times comply with Black Business Boom’s privacy policy and all applicable laws, rules and regulations with respect to all Subscriber Data and any use thereof.
6.6. Licensee shall not use any Promotion, or any part thereof, in any communication, including electronic and text messages, unless (a) Licensee obtains express prior consent from the intended recipients to receive such communications; and (b) Licensee complies with its privacy policy and all applicable laws, statutes, and regulations, including but not limited to CAN SPAM and the Telephone Consumer Protection Act. In no event shall any such communication identify Black Business Boom or any Licensee as a sender or sponsor of such communication.
7. SMS Terms. Licensee desires Black Business Boom to (i) transmit Licensee Content to wireless devices of Subscribers via SMS, and (ii) receive from Subscribers SMS reply or mobile origination messages where agreements with telecommunication network services (each a “Carrier”), billing capabilities and connections allow.
7.1. Licensee Content Delivery and Opt-Out Message Receipt Limitations: Black Business Boom does not guarantee Licensee Content delivery to Subscribers, and will bear no liability to Licensee or any third party for failing to deliver. In no event shall Black Business Boom be responsible for limitations on Licensee Content by Carriers or Licensee Content not-approved by Carriers. Black Business Boom does not control delivery of ‘Opt-Out’ messages from Subscribers and will not be responsible or liable for the delivery of SMS to any Subscriber unless and until Black Business Boom actually receives the ‘Opt-Out’ message from the Subscriber.
7.2. Licensee Content Rejection, Conduit, Disclaimer: Black Business Boom may at its sole discretion reject sending all or part of any Licensee Content to Subscribers. Black Business Boom will not be liable for rejecting any Licensee Content. Licensee agrees that Black Business Boom is acting as a passive conduit for the delivery of Licensee Content provided by Licensee. Licensee is solely responsible for contents and the distribution and publication of Licensee Content. Black Business Boom is not responsible for the accuracy, completeness, or correctness of any Licensee Content.
7.3. Licensee’s Communications: Licensee acknowledges that an internet connection is required to access the Products to create, edit and deliver Licensee Content and review and download reports, as well as integrating the redemption of Licensee Content with Licensee’s point-of-sale system, if applicable. Licensee shall be solely responsible for its internet connection, including all associated costs and expenses, and Licensee shall deal directly with the service provider for service recovery issues should Licensee’s internet connection fail. Licensee will be responsible for maintaining security for connectivity between Licensee and Black Business Boom.
7.4. Content Standards: Licensee will adhere to Black Business Boom’s Content Standards, a current copy of which can be found on Black Business Boom's web site. Black Business Boom reserves the right to make reasonable changes and additions to its Content Standards. If Licensee fails to comply with the Content Standards, Black Business Boom, in addition to all other remedies available to it at law and equity, may: (a) suspend performance of its obligations under this Agreement, until Licensee’s breach has been cured; or (b) terminate this Agreement without further liability, obligation or penalty.
7.5. Compliance with Laws, Regulations and Carrier Guidelines: Each party will comply with all applicable laws, rules, regulations, directives, statements, codes of practice and applicable Carrier guidelines with respect to the Services, and Mobile Marketing Association (MMA), Telephone Consumers Protection Act (TCPA) and CTIA best practices guidelines and/or code of ethics in general and otherwise in connection with performing its obligations under this Agreement. Furthermore, SMS Services pursuant to this Agreement shall be subject to modification in a manner applicable to all customers of the SMS Services, including as a result of changes made by the relevant Carrier(s) to the corresponding services provided by the Carrier(s). If any such change has any effect on the rights and obligations of either party, then (i) Black Business Boom shall use commercially reasonable efforts to notify Licensee in writing of the relevant changes as soon as reasonably practical, and (ii) such change shall be automatically binding on Licensee.
7.6. Subscriber Information: Licensee will use and handle all Subscriber information subject to all laws, rules, regulations, codes, guidelines, Carrier policies and directives in force and applicable to confidentiality and personal data protection. Licensee will not disclose Subscriber information to any third party, under any circumstance.
7.7. Compatible Carriers: ACS Wireless, Aio Wireless, Alltel, Appalachian Wireless, AT&T, Bluegrass Cellular, Boost, Cable Vision/Optimum Mobile, Carolina West, Cellcom, Cellsouth, Cellular One of East Central Illinois, CellularONE SLO, Chariton Valley, Chat Mobility, Copper Valley, Coral Wireless, Cox Wireless, Cricket, Cross (Sporocket), Crossroads, DTC Wireless, Duet IP, Element Mobile, Epic Touch, Flat Wireless, GCI Communications, Golden State, Hawkeye (Chat Mobility), Illinois Valley Cellular, Inland Cellular, iWireless, Keystone Wireless, Leaco, LongLines, MetroPCS, Mosaic, Next-Tech Wireless, Northwest Missouri Cellular, nTelos, Panhandle Telecommunications, Peoples Wireless, Pine Cellular, Pioneer, Plateau, Revol, Rina, SouthernLINC, Sprint, SRT Wireless, Thumb Cellular, T-Mobile, Unicel, Union Wireless, United, U.S. Cellular, Verizon Wireless, Viaero Wireless, Virgin Mobile and West Central Wireless. Compatible Carriers is subject to change without notice.
8. Fees and Charges.Licensee shall pay Black Business Boom the non-refundable fees set forth when registering for the Services in advance, as well as any applicable taxes. Licensee represents and warrants that the billing and contact information is true and accurate and that Licensee is authorized to use the payment method. Licensee must promptly update account information with changes that may occur, including a change in billing address or credit card number, if applicable.
9. Term and Termination.
9.1. Term. The term of these Terms of Use shall commence on the date Licensee accepts these Terms of Use and continue for the term elected by Licensee at the time registration. Thereafter, the term will automatically renew for subsequent renewal periods equal in time to the original service period elected at the time of registration. Either party may forego automatic renewal of these Terms of Use by giving the other party at least fifteen (15) days written notice of termination prior to the expiration of the then-current term. If Black Business Boom does not receive written notice of Licensee’s intent to not renew these Terms of Use, Licensee understands and agrees that it shall remain liable for the payment of all fees for the renewal term.
9.2. Termination. These Terms of Use may be terminated: (i) immediately where the other party breaches any term or provision of these Terms of Use and fails to cure such breach within thirty (30) days after written notice of such beach; provided that any payment default shall be cured by Licensee within ten (10) days after written notice of such default, or (ii) immediately if either party enters into insolvency, bankruptcy, reorganization, dissolution, or liquidation proceedings or makes any assignment in bankruptcy. Reactivation of the Services may result in a reactivation charge payable by Licensee. Immediately upon any termination or expiration of these Terms of Use (a) Licensee shall pay to Black Business Boom any and all outstanding fees, charges, payments and expenses due pursuant to these Terms of Use, and (b) Black Business Boom may cease performance of all of Black Business Boom’s obligations hereunder without liability.
9.3. Effect of Cessation of Service or Termination. Immediately upon any termination, cancellation or expiration of these Terms of Use for any reason, (i) all rights and licenses granted to Licensee under these Terms of Use shall cease and terminate and Licensee shall have no right thereafter, directly or indirectly, to use the Services for any purpose, and (ii) Black Business Boom may cease performance of all of Black Business Boom's obligations hereunder without liability, including but not limited to the delivery of Licensee’s Promotions to Subscribers.
9.4. Survival. The provisions of Sections 8, 9, 10, 11, 13, 14 and 15 shall survive the termination, cancellation or expiration of these Terms of Use for any reason.
10. Ownership.
10.1.Black Business Boom Ownership. Licensee hereby acknowledges and agrees that, as between Licensee and Black Business Boom, Black Business Boom and its licensors own all right, title and interest in and to the Services, Subscriber Data and all applicable intellectual property rights thereto. These Terms of Use confer no ownership interest in the Services or Subscriber Data to Licensee.
10.2.Licensee Ownership. Black Business Boom hereby acknowledges and agrees that, as between Black Business Boom and Licensee, Licensee owns all right, title and interest in and to the Licensee Content.
11. Confidential Information.
11.1.Each party may be receiving information related to the other party's business operations or which is designated as proprietary or confidential by the other party (“Confidential Information”). The party receiving any such Confidential Information (the “Receiving Party”) shall hold such Confidential Information in strictest confidence, for the exclusive use of the Receiving Party, and the Receiving Party will not take any action in derogation of such confidentiality. The Receiving Party shall take all reasonable steps to insure that the Confidential Information is not used by or made available or furnished or disclosed to any other party (other than the Receiving Party's employees directly concerned with the performance of these Terms of Use and who need such disclosure for the conduct of their ordinary responsibili•ties), including, but not limited to, taking all steps it takes to protect information, data or other tangible and intangible property of its own that it regards as proprietary or confidential. Information shall not be deemed “Confidential Information” which (i) is or has become publicly known or is used in the industry in question as of the date of receipt by the Receiving Party other than through disclosure by the Receiving Party; (ii) is already in the possession of, or actually and demonstrably is known to, the Receiving Party at the time of disclosure; (iii) is rightfully received by the Receiving Party from a third party without breach of any duty of nondisclosure; or (iv) is approved for public release by written authorization from the party disclosing any Confidential Information.
11.2.Injunctive Relief. Each party specifically agrees that any breach of Section 10.1 will result in irreparable injury to the other party and the other party shall be entitled (without the necessity of posting any bond or establishing the inadequacy of damages as a remedy) to seek specific performance and injunctive relief to correct and/or enjoin any such breach or threatened breach in addition to all other remedies which might be available. In the event any such action is brought, the parties hereby agree that the United States District Court for the Middle District of Tennessee, Nashville Division shall have exclusive jurisdiction to hear and determine any such action.
12. Indemnification. Licensee, at its own expense, will defend Black Business Boom, its affiliates, officers, members, shareholders, agents, insurers, attorneys, successors and assigns (collectively, the “Indemnified Parties”) against all claims, suits, actions or proceedings initiated by third parties based on or relating to: (i) any breach by Licensee of any of its representations and warranties in these Terms of Use; (ii) an allegation that all or any part of the Licensee Content violates any third party intellectual property rights, (iii) an allegation that all or any part of a Licensee Promotion violates any local, state or federal law, rule, or regulation, or (iv) an allegation that Licensee failed to satisfy any of its obligations pursuant to any Licensee Promotion (“Claims”). Licensee will indemnify and hold the Indemnified Parties harmless from and against any costs, damages and fees reasonably incurred, including, without limitation, the fees of attorneys and other professionals that are attributable to Claims. Black Business Boom will notify Licensee of Claims under this section, and will permit Licensee to assume the defense of Claims. Black Business Boom, however, will have the right to employ separate counsel and participate in the defense of Claims. Licensee will not be responsible for any settlement of Claims made by Black Business Boom without Licensee’s written consent; provided, that such written consent will not be unreasonably delayed or denied. Licensee, on the other hand, may not settle Claims on Black Business Boom’s behalf without first obtaining Black Business Boom’s written consent. In the event the parties agree to settle Claims, Licensee agrees not to publicize the settlement without first obtaining Black Business Boom’s written permission.
13. Disclaimer of Warranties. Black Business Boom DOES NOT WARRANT OR GUARANTEE THE DELIVERY OF PROMOTIONS TO SUBSCRIBERS, AND WILL BEAR NO LIABILITY TO LICENSEE OR ANY THIRD PARTY FOR FAILING TO DELIVER. Black Business Boom IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, OR CORRECTNESS OF ANY CONTENT SUPPLIED BY LICENSEE, OR ANY MISTAKES OR INACCURACIES IN LOYALTY PLANS, DISCOUNTS, PROMOTIONS, OR REWARDS CREATED OR MADE AVAILABLE THROUGH THE SERVICES. THE SERVICES ARE BEING PROVIDED BY Black Business Boom HEREUNDER ON AN “AS IS” BASIS TO LICENSEE, AND Black Business Boom SPECIFICALLY AND EXPRESSLY DISCLAIMS, AND LICENSEE EXPRESSLY RELEASES AND WAIVES, ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUD•ING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MER•CHANTABIL•I•TY AND FITNESS FOR A PARTICU•LAR USE AND PURPOSE OR ANY WARRANTY ARISING UNDER STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
14. Limitation of Liability. IT IS UNDERSTOOD AND AGREED THAT Black Business Boom'S TOTAL LIABILITY, IF ANY, UNDER THESE TERMS OF USE FOR ANY DAMAGES SUFFERED BY LICENSEE, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH LICENSEE, OR ANY OTHER THIRD PARTY, WHETHER IN CON•TRACT, IN TORT, UNDER ANY WARRANTY THEORY, IN NEGLIGENCE, OR OTHERWISE, SHALL BE LIMITED TO DIRECT MONEY DAMAGES ACTUALLY INCURRED AND SHALL NOT EXCEED THE AMOUNT OF FEES PAID TO Black Business Boom BY LICENSEE FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE OCCUR•RENCE GIVING RISE TO ANY SUCH CLAIM. LICENSEE UNDER•STANDS THAT UNDER NO CIRCUM•STANCES SHALL Black Business Boom BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLA•RY, PUNITIVE OR CONSE•QUENTIAL DAMAGES SUFFERED BY LICENSEE, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH LICENSEE, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE PERFOR•MANCE OR BREACH THEREOF, INCLUDING LOSS OF BUSINESS OR PROFITS, OR BUSINESS INTERRUPTION EVEN IF Black Business Boom HAS BEEN PREVIOUS•LY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION, REGARD•LESS OF FORM OR BASIS, ARISING OUT OF THE TRANSACTIONS UNDER THESE TERMS OF USE MAY BE BROUGHT BY LICENSEE MORE THAN ONE (1) YEAR AFTER LICENSEE KNEW OR SHOULD HAVE KNOWN OF THE OCCURRENCE OF THE EVENT(S) WHICH GAVE RISE TO SUCH ACTION.
15. Miscellaneous.
15.1.Force Majeure. Neither party is responsible for any failure to perform its obligations under these Terms of Use (other than obligations to pay money) if such failure is caused by acts of God, strikes, revolutions, lack or failure of electrical or telecommunications facilities, including, without limitation, failure of the public Internet, laws or governmental regulations or other causes that are beyond the reasonable control of such party; provided, however, that the party suffering the delay provides written notification to the other party within 30 days of the Force Majeure event.
15.2.Relationship of the Parties. Nothing in these Terms of Use shall be construed as creating any agency, partnership, joint venture other form of enterprise, employment or fiduciary relationship between Licensee and Black Business Boom, and neither Licensee or Black Business Boom shall have the authority to contract for or bind the other in any manner.
15.3.Publicity. Both parties may agree in writing to include a reference to the other party and its logo on its website, marketing and promotional materials (in any medium) subject to the compliance by each party with the applicable trademark guidelines of the other party. The parties may agree to issue a joint press release in a form mutually agreeable to both parties, provided such press release is mutually agreed to by the parties prior to publication. Each party may re-publish information contained in a previously approved press release, including on a party’s website and in marketing materials.
15.4.Governing Law and Venue. These Terms of Use shall be governed by, and construed and enforced in accordance with the laws of the State of Tennessee without regard to the choice of law provisions in that State. Licensee agrees to submit to the jurisdiction of the courts of Davidson County, Tennessee for any and all disputes, claims and actions arising from or in connection with these Terms of Use.
15.5.Severability. If any one or more provisions of these Terms of Use shall be held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or void, the remainder of these Terms of Use shall remain in full force and effect.
15.6.Assignment. Black Business Boom may assign these Terms of Use, in whole or in part, at any time with our without notice to Licensee. Licensee may not assign or transfer any part of this agreement without the written consent of Black Business Boom.
15.7.Waiver. All waivers of any failure of a party to comply with any obligation, provision or condition herein must be in writing and signed by the party granting the waiver, but such waiver is not a waiver of, or estoppel with respect to, any subsequent or other failure.
15.8.Entire Agreement. With respect to the Services provided under these Terms of Use, these Terms of Use constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements and understandings of the parties.
15.9.Attorneys' Fees and Costs of Enforcement. The parties hereto agree that should it become necessary for any party hereto to employ an attorney to enforce or interpret any of its rights hereunder against any other party hereto, the prevail•ing party shall be entitled, in addition to any other rights and remedies it may have, to reimbursement from the non-prevailing party of all costs and expenses, including reasonable attorneys' fees, costs of arbitration and court costs, at all levels of litigation, appeal and post-judgment relief.
End User License Agreement
TERMS OF USE You have registered an online account with Black Business Boom, LLC ("Black Business Boom" "we" or "us") to use GetPerked to obtain Rewards (the "Application") from certain commercial customers of Black Business Boom ("Merchants") for online or in-store use. By using the Services (defined below), you agree to comply with and be legally bound by the terms and conditions of these Terms of Use, whether or not you become a registered user of the Services. These Terms of Use govern your access to and use of the Services, and constitute a binding legal agreement between you and Black Business Boom. Please read carefully these Terms of Use and our Privacy Policy, which may be found HERE , and which is incorporated by reference into these Terms of Use.
1. Definitions.
1.1. "Agreement" means the terms and conditions of Black Business Boom’s grant of the License, as more particularly set forth herein. 1.2. "License" means the non-transferable, non-exclusive, revocable, limited license to access and use the Application. 1.3. "Rewards" means the products or services, including but not limited to, loyalty plans, rewards, discounts, and/or promotions, offered to Users by participating Merchants. 1.4. "Service" means our providing and Your use of the Application, consistent with the Terms of Use. 1.5. "Terms of Use" means these User Terms and Conditions of Use. 1.6. "User", "You" or "Your" refers to the licensee who has acquired, downloaded, or installed the Application, or as applicable, the Merchant. 1.7. "Website" means www.get-perked.com.
2. General Terms and Conditions of Use. Black Business Boom reserves the right to change these Terms of Use at any time, effective immediately upon posting on its Website. If You violate these Terms of Use, Black Business Boom may immediately terminate Your use of the Services, and/or take appropriate legal action against You. Your continued use of the Service after any such changes constitutes Your acceptance of any such revised Terms of Use. The Terms of Use will also apply to any updates or upgrades or modifications to the Application. Black Business Boom does not guarantee that any future updates or upgrades of the Application will be made available to You or will be available free of charge.
3. License. Black Business Boom hereby grants to You a non-transferable, non-exclusive, revocable, limited license to access and use the Application solely for its purpose, as made available through the Website and/or available through the applicable mobile application store during the Term.
4. User Account and Confidentiality of Password and Security. You are responsible for maintaining the confidentiality of your password and/or mobile device, as applicable, and account, if any, and are fully responsible for any and all activities that occur under Your password and/or mobile device, as applicable, or account. You agree to (a) immediately notify Black Business Boom of any unauthorized use of your password and/or mobile device, as applicable, or account, or any other breach of security, and (b) ensure that You exit from Your account at the end of each session when accessing the Service. You affirmatively release Black Business Boom of any loss, liability or damages arising from Your failure to comply with this Section.
5. Support. Black Business Boom does not guarantee that any future updates or upgrades of the Application will be made available to You or will necessarily be available for download, free of charge. In order to enhance the Application or its security, Black Business Boom may automatically deliver updated or other changes to the Application. Black Business Boom is not obligated to offer You any specific service level of support. While Black Business Boom will endeavor to respond to support issues on a timely basis, it cannot guarantee that it will necessarily respond to support queries related to Application within a particular time. Without limiting the generality of foregoing, Black Business Boom may cease offering support of any kind pertaining to the usage of older releases of the Application whenever a new release, whether for free or for pay, of the Application becomes available.
6. Restrictions. By the User's download, installation, or use of the Application, the User represents, warrants, covenants and agrees that the User shall not: a. Give false or misleading information to Black Business Boom, any Merchant or any third party in connection with User's use of the Services, including giving false information in User's account registration; or b. Attempt to rent, lease, sublicense, sell, assign, loan, or otherwise transfer the Application, or any of Your rights and obligations under this license; or c. Remove or destroy any copyright notices or other proprietary marks on the Application; or d. Reverse engineer, decompile, disassemble, modify or adapt the Application, merge the Application into another software program, or create, or attempt to create, derivate works of the Application; or e. Attempt to derive source code or other trade secrets from the Application, including, without limitation, any of the software comprising or in any way making up a part of the Application; or f. Violate or attempt to violate the security of the Application. g. Further, by Your download, installation, or use of the Application the User represents, warrants, covenants and agrees that the User shall use the Application solely for its intended purposes and shall not use it for the benefit of any third party, except as specifically contemplated under these Terms of Use.
7. Redemption of Merchant Rewards. All Rewards made available in connection with the Service are promotional only. Such Rewards are made available directly by the relevant Merchant providing such Reward, and are not offered or guaranteed by Black Business Boom. Such Rewards are redeemable solely for the applicable goods or services of the relevant Merchant. Black Business Boom will have no liability to a User if a participating Merchant refuses or fails to honor any Reward. In addition, the following terms and conditions also apply to all Rewards: a. Redemption frequency is determined solely by the participating Merchant. b. Use of Rewards relating to alcoholic beverages is at the sole discretion of the participating Merchant and is subject to compliance with applicable law. c. Rewards cannot be combined with any other rewards, offers, vouchers, third party certificates, coupons, or promotions, unless otherwise specified by the participating Merchant. d. Rewards cannot be used for taxes, tips or prior balances, unless permitted by the participating Merchant. e. Reproduction or sale of any Reward is prohibited. f. Any attempted redemption not consistent with these Terms of Use or any other restrictions imposed by the participating Merchant or Black Business Boom (including any Reward-specific terms associated with such Reward) will render the Reward void. g. Rewards are void to the extent prohibited by law. h. Rewards may be applied only to the applicable products or services sold by the participating Merchant. i. Limit One Punch per day per merchant (starting at 12:00 A.M.) j. Limit one (1) Reward per redemption. Only one Reward can be used per redemption unless otherwise specified by the participating Merchant.
8. Third Party Services. At Your option, You may register for the Service using Facebook Connect or other third-party services which may become available in the future (collectively, the "Third Party Services"). By enabling Third Party Services within the Service, you are specifically authorizing Black Business Boom to provide Your log-in and authentication information to such service providers. You further acknowledge that Black Business Boom has no control over, nor liability for, the manner in which the Third-Party Services use, store and disclose Your information, which is governed solely by the policies of such Third-Party Services. Black Business Boom shall not be responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with such Third-Party Services, which may revoke Your authentication at any time. Black Business Boom shall have no liability for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any such Third-Party Service. Black Business Boom is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect of such Third-Party Services.
9. Third Party Material. Black Business Boom will not be liable in any way for any content posted by third parties (including Merchants). You acknowledge that Black Business Boom does not pre-screen content, but Black Business Boom and its designee shall have the absolute and unfettered right (but not obligation) in its sole discretion to refuse or remove any Third-Party content that becomes available via the Application. Participating Merchants may provide, or third parties may provide, links or other access to other sites and resources on the internet (including Merchants). Black Business Boom has no control over such sites and resources and Black Business Boom is not responsible for and does not endorse such sites and resources.
10. Termination of Service. Black Business Boom reserves the right to modify or temporarily or permanently discontinue the Service (or any part thereof) with or without notice. You agree that Black Business Boom shall not be liable to you for any modification, suspension or discontinuance of the Service.
11. Effectiveness and Termination of License. This License will be effective upon the earlier of Your acceptance of these Terms of Use or Your download, installation, copying or use of the Application and will be terminated automatically upon the earlier of: (a) Your failure to comply with any Terms of Use; (b) Your discontinuing use of the Application; (c) You are entitled to terminate Your Black Business Boom account at any time. Similarly, Black Business Boom may terminate this License for any reason or no reason in its sole discretion. If this License is terminated for any reason, You must immediately cease all use of the Application and destroy all copies of the Application in Your possession. Further, in the event of a termination, You covenant and agree to immediately uninstall, remove, and delete all copies and installations of the Application.
12. Disclaimer of Warranties. Except as explicitly set forth herein, neither Black Business Boom, its affiliates or any of any such party's equity holders, directors, officers, employees, agents, suppliers, licensors nor the like, makes any warranties of any kind, either expressed or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, accuracy of informational content and non-infringement (b) that the Website or the Application will be error-free, (c) as to a minimum level of uptime for the Application or the Website, or (d) as to the results that may be obtained by You by entering into this Agreement and/or using the Application. You agree and acknowledge that the Application and Website are licensed and/or provided hereunder on an "as is" basis. In addition, You hereby agree and acknowledge that: (i) Black Business Boom shall not be responsible for any actions taken by any other party using the Application or reviewing any of Your posted information; (ii) Black Business Boom does not recommend or endorse any third parties hereunder, and makes no representations or warranties whatsoever regarding any such third party; (iii) Black Business Boom is not a party to any transaction between you and any Merchant, store, retailer or business with which Black Business Boom has a business relationship, and as such, any disputes regarding purchases, rewards and/or any other aspect of any transaction or other commercial dealings is solely between You and such third party; (iv) Black Business Boom is not responsible for any other party's compliance with applicable laws, rules or regulations; (v) Black Business Boom's services are administrative in nature and Black Business Boom is not responsible for ensuring that any third party will honor any reward, loyalty or other obligations such third party may have incurred to You; (vi) Black Business Boom shall not, under any circumstances, be responsible or liable for an content, text, photographs and/or other posted information, including any posted information which may violate applicable law and/or a third party's intellectual property rights; and (vii) the Application and/or Website may not function properly or as intended at times.
13. Ownership of the Application and the Service. Black Business Boom is the sole and exclusive owner of the Website, the Application, and all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein.
14. Indemnification. You agree to release, indemnify and hold Black Business Boom and its officers, employees, directors, contractors, licensors, licensees, agents, and representatives (collectively, the "Indemnified Entities") harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Application, your connection to the Service, your violation of these Terms of Use or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Further, You will defend, indemnify, and hold Black Business Boom and the Indemnified Entities harmless from and against any third party suit, proceeding, assertion against any damages, judgments, liability, costs and expenses (including without limitation any reasonable attorneys' fees) incurred arising from your breach of this Agreement, your negligence or misconduct, any dispute you may have with any other party in connection with your use of the Application or otherwise related in any way to the Service or the Application, your unauthorized use or misuse of Service or the Application or any unauthorized combination of the use of the Application with any hardware, software, products, data or other materials not specified or provided by Black Business Boom.
15. User Disputes. You agree that You are solely responsible for Your interactions with any other user, Merchant, or third party in connection with the Service (or any Third-Party service with which the Service is integrated), and Black Business Boom will have no liability or responsibility with respect thereto. Black Business Boom reserves the right, but has no obligation, to become involved in any way with such disputes. Black Business Boom will have no liability or responsibility for any acts or omissions of Merchants with respect to their use of any of Your information or Your interactions with them.
16. Governing Law and Venue. In the event of any dispute between Black Business Boom and You, these Terms of Use shall be governed by, and construed and enforced in accordance with the laws of the State of Tennessee without regard to the choice of law provisions in that State. Licensee agrees to submit to the jurisdiction of the courts of Davidson County, Tennessee for any and all disputes, claims and actions arising from or in connection with these Terms of Use. In any such dispute, if Black Business Boom substantially prevails on its claims or defenses, as applicable, You shall reimburse Black Business Boom for all of its reasonable attorneys' fees and costs incurred in connection with such dispute.
17. Acceptance of Terms of Use. Your continued use of Application constitutes Your unconditional acceptance of the Terms of Use.
Privacy Policy
This Privacy Policy ("Privacy Policy") explains how Black Business Boom, LLC ("Black Business Boom", "us", "our", and "we"), collects and uses information when you interact with us. This Privacy Policy applies to all users of Black Business Boom's mobile-device applications we offer, such as our iOS and Android applications, that are developed by "Black Business Boom" and link or reference this Privacy Policy (collectively, the "Services").
Please read this Privacy Policy carefully. This Privacy Policy replaces and supersedes the last version of this Privacy Policy for all users (including for those users that registered prior to the Effective Date). If you do not agree to our practices, please do not register, subscribe, create an account, or otherwise interact with the Services. Your use of the Services is also subject to our Terms of Use.
Please contact us if you have any questions or comments about our privacy practices or this Privacy Policy. You can reach us via postal or email mail at the following address:
Black Business Boom, LLC 13119 W. Linebaugh Ave., Suite 102 Tampa, FL 33626 866.631.5773 [email protected]
1. Types of Personal Information We Collect. Personal Information is information that can be used to identify, locate, or contact an individual. It also includes other information that may be associated with Personal Information. We collect the following types of Personal Information: • Contact Information that allows us to communicate with you, such as your name, postal addresses, email addresses, social media website user account names, telephone numbers, or other addresses at which you receive communications from or on behalf of Black Business Boom. • Relationship Information that helps us to understand who you are and what types of stores, products, and advertisements you might like. This includes lifestyle, preference, and interest information; the types of coupons that interest you; information collected from social media interactions (such as via Facebook Connect); and demographic information (e.g., birth date, age, gender, zip code). • Transaction Information about how you interact with the Services, such as the coupons you view and redeem, the gift cards you purchase or sell via our Services, the digital rebates that you claim, including copies of receipts that you submit; other information about how you use our Services, email, other communications, and applications; and how you interact with Black Business Boom's merchants, business partners, and service providers after interacting with our Services, including, in some cases, the items you purchase from those merchants. • Location Information that allows us to periodically determine your geolocation, such as your location relative to nearby merchants or, your presence within a mall or store (e.g., near a checkout, aisle, or entrance) or your state/province, city, or neighborhood. Please see the Section 5 under the heading "mobile" for information on how to limit the Location Information that Black Business Boom may collect from the Services operating on a mobile device. • Analytics Information about your use of our Services, such as your IP address, access time, device ID or other unique identifier (e.g., Android advertising ID or Apple IDFA), domain name, screen views, language information, device name and model, operating system type, and your activities on our Services. For example, information collected by our Services via a mobile device may include the following: (i) the names of the other applications on your mobile device and, if you use an Android-based mobile device, how you use them (e.g., frequency and duration of use); (ii) if you use an Android-based mobile device, the URL addresses of the webpages you access; (iii) information about your mobile device (e.g., make, model, operating system, and other similar information, but not phone number); (iv) information about your use of features, functions, or clicks on notifications or content; and (v) the strength of signal, temperature, battery level, and unique identifier of a nearby Bluetooth® proximity beacon.
2. How Black Business Boom Collects Personal Information. We may ask you for Personal Information when you register, subscribe, create an account, or otherwise interact with the Services or contact Black Business Boom. For example, you may be required to provide us with Contact Information or Relationship Information in order to register for certain services. We collect Personal Information when you use our Services on one or more of your devices that interact with the Services. For example, we may track the coupons you view, submit or redeem via a desktop computer, the gift cards that you purchase from us via your mobile device, If you use a social media platform, a mobile device or other third-party method of communication to interact with Black Business Boom or the Services, that platform may have a specific privacy statement that governs the use of Personal Information related to that platform. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings. If you use the Services on a mobile device and your mobile device's settings allow it, we may collect Personal Information from your mobile device. For example, if you have permitted your mobile device to transmit location data, we may collect your geolocation and time of day. In addition, if you have also enabled Bluetooth® functionality on your mobile device, our Services may determine your presence and duration within a location, such as a mall or store, based on the detection of signals from nearby Bluetooth® proximity beacons. Our application may be designed to collect information even if you are not logged into one of the Services. In some cases, for example, we may use your Internet Protocol ("IP") address to estimate your general location even if you have not logged in or enabled location tracking on your mobile device. Please see the Your Choices section under the heading "mobile" for more information on how to limit the Location Information that Black Business Boom may collect from the Services operating on a mobile device. From time to time, we may also supplement Personal Information with information collected from third parties, including demographic information, information about your interests, and similar information that the third parties have collected from other sources (which may include analytics data from third party websites). For example, we may collect information from third parties to enhance other information we have about you, to help us better understand you, to provide you with targeted advertising, and to otherwise enhance the Services.
3. How Black Business Boom Uses Personal Information. Black Business Boom uses Personal Information to: • Operate and improve our Services; • Provide users with content and advertisements across their devices for products and services from merchants, including coupons based on variables such as stated and anticipated user interests, personal characteristics, and location; • Evaluate eligibility of users for certain coupons, products or services; • Evaluate the types of coupons, products or services that may be of interest to users; • Track redemption of coupons and perform other analytics; • Provide user support, including to merchants or business partners; • Fulfill requests for Black Business Boom services; • Communicate and provide additional information that may be of interest to you about Black Business Boom and featured merchants and business partners, such as Black Business Boom news, special offers and coupons, announcements, and marketing materials; • Send you reminders, technical notices, updates, security alerts and support and administrative messages service bulletins, or marketing; • Provide commercial notifications when you arrive at, linger near or leave places; • Infer the location of the places you visit most often, determine your frequency at these locations, and send notifications when you arrive at or leave those places; • Provide advertisements to you through the Services, third-party sites, email messages, text messages, mobile-push notifications, or other methods of communication; • Administer surveys, sweepstakes, contests, or other promotional activities or events sponsored by us or our partners; • Create user profiles that may contain inferences about users such as age range, income range, gender, and interests; • To help verify accounts and activity, and to promote safety and security on and off of our Services, such as by investigating suspicious activity or violations of our terms or policies and assessing the relative risk that a particular activity (e.g., the purchase or sale of a gift card) may be unauthorized or fraudulent;
4. When and Why Black Business Boom Discloses Personal Information. We may share your Personal Information as required or permitted by law as described below: • With affiliated companies (e.g., subsidiaries and other companies owned by or controlled by Black Business Boom) who may only use the Personal Information for the purposes described in Section 3 above; • With our service providers that provide services for us to assist us in carrying out the purposes described in Section 3 above such as sending emails, push notifications, or SMS messages on our behalf, assessing potential fraud (such as in connection with the purchase or sale of gift cards) and conducting surveys or sweepstakes on our behalf. Black Business Boom enables certain geo-location features of our mobile-device applications. Consequently, Black Business Boom and its affiliates collect, store, and process, certain Location Information and related data on servers in the United States. Black Business Boom is bound by law or contract to protect Personal Information and are only allowed to use the Personal Information in accordance with the terms of our service agreements with them. In some limited cases, such as for purposes of investigating suspicious activity and assessing the likelihood for fraud, some of our service providers may use the Personal Information that we provide them for the purpose of improving their own services; • Coupon Merchants, but only to the extent you have redeemed a coupon offered by the merchant, or participated in an offer, contest or other activity sponsored or offered through Black Business Boom on behalf of the merchant; • Black Business Boom business partners or advertisers, as part of an offer, contest, or other activity that is provided by or in conjunction with Black Business Boom and its business partners and in which you have elected to participate. For example, if you are referred to Black Business Boom from a business partner's website or through an invitation facilitated by or in conjunction with a Black Business Boom business partner, Black Business Boom may provide that business partner with Contact Information and Transactional Information to validate the referral and to support the terms of the relationship between Black Business Boom and the business partner, which may allow such business partner to contact you directly and to advertise to you; • To affect a merger, acquisition, or otherwise; to support the sale or transfer of business assets; to enforce our rights or protect our property; to protect the rights, property or safety of others, investigate fraud, respond to a government request; or as needed to support auditing, compliance, and corporate governance functions. We may also disclose Personal Information to defend ourselves in litigation or a regulatory action, and when required or advised to do so by law, such as in response to a subpoena, a reporting requirement or similar legal process, including to law enforcement agencies, regulators, and courts in the United States and other countries where we operate. If Black Business Boom is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or prominent notice on one or more of our Services of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information; or • Otherwise with your consent. We encourage Black Business Boom merchants and business partners to adopt and post privacy policies. However, the use of your Personal Information by such parties is governed by the privacy policies of such parties and is not subject to our control. When you choose to interact with a Black Business Boom merchant or business partner, we encourage you to read any privacy policy they may have posted on their website. We may also disclose information about you that is not personally identifiable. For example, we may provide merchants, business partners, or other third parties with reports that contain aggregated and statistical data about our users.
5. Your Choices. We think that you benefit from a more personalized experience when we know more about you and the kinds of coupons you like. However, you can limit the information you provide to Black Business Boom, and you can limit the communications that Black Business Boom sends to you. • Email. You can manage your subscriptions by following subscription management instructions contained in the commercial messages that we send you. If you wish to opt out of receiving offers directly from Black Business Boom merchants or business partners, you can follow the opt-out instructions in the emails that they send you. • Mobile App. If you access any of our Services through one of our mobile applications, you may manage how your Personal Information is shared with Black Business Boom. You may adjust the settings on your mobile device to allow or restrict the sharing of Location Information. For example, the "Location" permissions (or "Privacy" >> "Location Services" on iOS-based devices) on your mobile device will allow you to elect whether to never share Location Information with Black Business Boom, to share Location Information only while you are using the application (e.g., to help you find nearby offers), or always share Location Information even while you are not using the application (e.g., alert you of nearby offers when you approach a shopping mall). You may also elect to only disable "Bluetooth" to prevent just the sharing of information collected via nearby Bluetooth ® proximity beacons. Please note that if you elect to not share your Location Information, you may be unable to access some features of our Services that are designed for mobile devices. Also, in the event that you prevent the sharing of Location Information, we may still estimate your general location based on the IP address you use to access our Services. You may also manage how your mobile device handles ad-related tracking technologies by adjusting your mobile device privacy settings. For example, the "Privacy" settings of an iOS device will allow you to "Limit Ad Tracking" and reset your mobile device’s "Advertising Identifier." Please refer to instructions provided by the manufacturer of your device to learn how to adjust your mobile device settings. You may also opt-out of receiving different types of push notifications or alerts by toggling off the "Notifications" options within the "Profiles" menu of our mobile applications. This feature is available in the most recent versions of our iOS-based and Android-based applications. • Connecting through Social Networks. You may manage the sharing of certain Personal Information when you register with us through a social media platform or application, such as through Facebook Connect. Please refer to the privacy settings of the social media platform or application to determine how you may adjust our permissions and manage the interactivity between Black Business Boom and your social media account. By registering with Black Business Boom through a social media platform, you grant Black Business Boom permission to access all of the elements of your social network profile information that you have made available to be shared and to use it in accordance with the social network's terms of use and this Privacy Policy.
6. Accessing and Correcting Personal Information. Keeping Personal Information about you helps ensure that we offer you the best coupons available for merchants and business partners. You can do several things to help keep Personal Information about you current. You can access, update and delete your Contact Information and the other information you provided us to use in your profile by clicking on the "Profile" link. If you want to close your account or have other questions or requests, or if you would like to access or request a correction to any other Personal Information we hold regarding you, please (email [email protected]) We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, (email [email protected]). In response, we will cancel or remove your information but may retain and use copies of your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
7. Security of Personal Information. Black Business Boom follows generally accepted industry standards to protect the Personal Information that you provide. For example, we regularly monitor our system for possible vulnerabilities and attacks, and we use a secured- access data center. No method of transmission over the Internet, or method of electronic storage, is one hundred percent secure, however. For this reason, there is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If you have any questions about our security practices, please email [email protected].
8. Notice to Residents of Countries outside the United States of America. Black Business Boom is headquartered in the United States of America. Personal Information may be accessed by us or transferred to us in the United States or to our affiliates, business partners, merchants, or service providers elsewhere in the world. By providing us with Personal Information, you consent to such access and transfers. You also acknowledge and agree that Personal Information may be subject to access requests from governments, courts, law enforcement officials, and national security authorities in the United States in accordance with United States laws. We will protect the privacy and security of Personal Information according to our Privacy Policy, regardless of where it is processed or stored. To ensure adequate protection of personal data of the European Economic Area (the "EEA"), any transfers of such data outside of the EEA will be pursuant to the Model Clauses approved by the European Commission. Black Business Boom commits to resolve complaints about your privacy and our collection or use of your personal information. We encourage anyone with inquiries or complaints regarding this privacy policy should first (email support@get- perked.com)
9. Privacy Practices of Third Parties. This Privacy Policy only addresses the use and disclosure of information by Black Business Boom through your interaction with the Services. Merchants and business partners may have their own privacy statements, too. We encourage you to familiarize yourself with the privacy statements provided by these other parties prior to providing them with information or taking advantage of an offer or promotion.