Terms of Use Agreement

Last updated on September 21, 2024

Welcome to Black & Barhe (blackandbarhe.com)! This website is an eCommerce store where you can purchase new and used books online. Please review the following Terms of Use Agreement (“Agreement”) which governs your use of our website. By accessing or using our website, you agree to comply with and be bound by the terms and conditions stated below. If you do not agree with any part of this Agreement, you may not access or use our website.

1. Intellectual Property Rights

All content, materials, and features on blackandbarhe.com, including but not limited to text, graphics, logos, images, videos, icons, and software, are the property of Black & Barhe or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, display, perform, publish, or create derivative works from any such content without prior written consent from Black & Barhe or its licensors.

2. Website Use

  1. You may use our website for lawful purposes only and must refrain from:
    1. Engaging in any illegal, fraudulent, or unauthorized activities;
    2. Interfering with the proper functioning of our website or any associated software, hardware, or networks;
    3. Gaining unauthorized access to any information or accounts related to our website;
    4. Attempting to bypass or disable any security measures implemented by Black & Barhe.
  2. You are solely responsible for any content you post on our website, including text, images, reviews, comments, or any other information. By posting content, you grant Black & Barhe a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from such content.

3. Product Listings and Descriptions

  1. We strive to provide accurate and detailed descriptions of the products available on our website. However, we do not warrant that the product listings, descriptions, or any other content on our website are error-free, complete, or current. We reserve the right to correct any errors or update any information as needed without prior notice.
  2. Black & Barhe does not warrant the accuracy, reliability, or quality of any information or materials obtained through our website. Any reliance on such information is at your own risk.

4. Pricing and Payment

  1. The prices displayed on our website are subject to change without prior notice. We strive to ensure accuracy but cannot guarantee that all prices listed are correct at all times. In the event of a pricing error, we reserve the right to cancel or refuse any orders placed at the incorrect price.
  2. We accept various payment methods, such as credit cards, PayPal, or other payment options made available during the checkout process. By providing payment information, you represent and warrant that you have the legal right to use the chosen payment method.

5. Privacy and Data Collection

  1. Our collection and use of personal information are governed by our Privacy Policy, which forms an integral part of this Agreement. By accessing or using our website, you consent to the collection, storage, and processing of your personal information as outlined in our Privacy Policy.
  2. We employ industry-standard security measures to protect your personal information. However, we cannot guarantee the absolute security of data transmitted over the internet or stored electronically. You acknowledge and accept this inherent risk.

6. Third-Party Links and Websites

  1. Our website may contain links to third-party websites or resources that are not owned or controlled by Black & Barhe. We do not endorse or assume any responsibility for the availability, accuracy, quality, or content of such websites.
  2. You acknowledge and agree that Black & Barhe shall not be liable for any damages or losses, directly or indirectly, caused by or in connection with your use of any third-party websites or resources.

7. Limitation of Liability

  1. To the extent permitted by applicable laws, Black & Barhe shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use or inability to use our website, products, or services.
  2. You agree to indemnify, defend, and hold harmless Black & Barhe and its affiliates, employees, agents, and representatives from any claims, damages, costs, or expenses (including legal fees) resulting from your violation of this Agreement or your use of our website.

8. Termination

  1. Black & Barhe reserves the right to suspend, terminate, restrict access to, or modify our website or any part thereof without prior notice, for any reason or no reason at all.
  2. Upon termination, the provisions of this Agreement that by their nature should survive termination, including but not limited to Intellectual Property Rights, Privacy and Data Collection, Limitation of Liability, and Indemnification, shall continue to be binding.

9. Governing Law and Dispute Resolution

  1. This Agreement shall be governed by and interpreted in accordance with the laws of the jurisdiction where Black & Barhe operates its business, without regard to its conflict of laws principles.
  2. Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration conducted by a mutually agreed-upon arbitrator. The arbitration shall be conducted in accordance with the rules of the chosen arbitration association.

10. SMS Marketing

Your use of the Service constitutes your agreement to these terms and conditions (“SMS Marketing”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these SMS Marketing terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Black & Barhe Bookstore’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Black & Barhe Bookstore through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Black & Barhe Bookstore. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18773955778 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Black & Barhe Bookstore mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18773955778 or email info@blackandbarhe.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

11. Modifications to this Agreement

Black & Barhe reserves the right to modify or update this Agreement at any time without prior notice. Any changes will be posted on our website, and it is your responsibility to review this Agreement periodically. By continuing to access or use our website after any modifications, you agree to be bound by the updated terms and conditions.

12. Severability

If any provision of this Agreement is found to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

13. Entire Agreement

This Agreement, including any policies or guidelines referenced herein, constitutes the entire agreement between you and Black & Barhe and supersedes any prior or contemporaneous communications, whether oral or written, regarding the subject matter herein.

By accessing or using our website, you acknowledge that you have read, understood, and agree to be bound by this Terms of Use Agreement. If you do not agree with any part of this Agreement, you may not access or use our website.