TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These terms and conditions ("the Terms") govern your use of BlackBeltHelper mobile application (the "Application") and any virtual personal assistant support services provided via the application (the application and the support services are collectively referred to as the "Services") provided by CampusEAI (herein after "BlackBeltHelp") under the name and style BlackBeltHelp, ("BlackBeltHelp", "we", "our", or "us"). By accessing, ordering or using the Services, you ("you" or "your" means you or, for services designed for businesses, "Business Services"), the legal entity that you are authorized to represent and on whose behalf the Business Services are purchased) and other users of the Services (collectively, "Users") agree to these Terms.
We provide you with access to and use of the Services subject to your compliance with these Terms. BlackBeltHelp reserves the right to refuse to provide the Services to anyone at any time without any notice whatsoever for any reason. You hereby represent and warrant to us that:
- You have the right, capacity and authorization necessary to legally bind yourself to the Terms
- You will comply with all treaties, laws, rules and regulations applicable to your use of the Services
- Any information you submit to BlackBeltHelp is correct and complete
SCOPE OF SERVICES
You may initiate the Services via chat or other means made available by BlackBeltHelp. BlackBeltHelp will use commercially reasonable efforts to answer your personal assistant requests and resolve the same for free. BlackBeltHelp experts will help you with information/virtual task requests from topics including but not limited to the following:
- Food Ordering & Deals
- Movies & Entertainment
- Online Shopping Coupons & Deals
- Jobs & Vacancies
- Health & Fitness
AUTHORIZATION TO ACCESS USER INFORMATION
You acknowledge that you provide access to the information collected by BlackBeltHelp from its users. When a user uses the Application, BlackBeltHelp may collect users’ Name, password, mobile phone number, and mailing address, email ID, Pin Code, age, gender, other apps on users’ phones, login information for Facebook, Twitter and Google account and other personal information such as service Account Numbers.
The Services are have no warranty. WE ASSUME NO LIABILITY FOR DAMAGES AS A RESULT OF ERRORS, OMISSIONS OR DISCREPANCIES.
BlackBeltHelp makes no warranties or representations with respect to advice, guidance, information or other content supplied to the mobile application by any third party, and expressly disclaims all warranties, express or implied, with respect to other third party content available on the mobile application.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL ADVICE, CONTENT, AND SOFTWARE) ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OF THE SERVICES. BLACKBELTHELP DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR VIRTUAL PERSONAL ASSISTANCE REQUEST. BLACKBELTHELP MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, CONTENT OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY. ANY CONTENT OR SOFTWARE THAT YOU ACCESS, DOWNLOAD OR USE WITH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES.
BlackBeltHelp may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with BlackBeltHelp's employees and others as appropriate to your Virtual Personal Assistant support Service (each a "Communication Service" and collectively "Communication Services"). You further consent to receive calls and e-mails from or on behalf of BlackBeltHelp regarding your Subscription Services, including downloading the latest version of the Mobile Application thereof and other related product or services from BlackBeltHelp, which may be of interest to you, at the telephone numbers provided in your sign up form, including your wireless number if provided. Please note that the forgoing consent is not a condition of purchase. If you do not wish to receive such calls and e-mails from BlackBeltHelp, you can indicate your preference by following the instructions included in such communication or by emailing us at customercare@BlackBeltHelp.com or you may contact us at +1-(844) BKLBELT or write to Customer Support, BlackBeltHelp, Global Headquarters, and 600 Superior Avenue East, Suite 1300 Cleveland, OH 44114 , Cleveland, OH 44114 to opt-out.
You must cooperate with BlackBeltHelp and promptly respond to our requests for information and comply with our requests to take actions to resolve your virtual personal assistant support request. In order to help resolve your request, you may be required to consent to the downloading and use of Software on your Device and accept all applicable license agreements for the Software.
In connection with obtaining Services, you agree that you will:
Cooperate with the BlackBeltHelp Experts: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected with close coordination cooperation between you and the expert. Please follow the engineer's instructions.
ACCOUNT, PASSWORD, AND SECURITY
For you to create an account to start using the mobile application, , you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the sign up form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You hereby agree to notify BlackBeltHelp immediately of any unauthorized use of your account or any other breach of security. BlackBeltHelp will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BlackBeltHelp or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
The Services may not always be available in your time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions.
BlackBeltHelp reserves the right to terminate your account, upon notice, if BlackBeltHelp determines, in its sole business judgment, that your Subscription Service is being used (a) fraudulently, (b) maliciously, (c) by any person other than you, (or (d) unreasonably.
USE OF THE SERVICES
Your use of the Services is only for your personal purposes and not for commercial use, including resale or transfer to others. You may not sell, lease or rent access to or use of the Services.
You shall not
MODIFICATIONS TO THE SERVICES
- Use the Service for any illegal purpose,
- Engage in any activities or actions in connection with the Services that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information,
- Engage in any activities that violate the personal privacy or publicity rights of others;
- Send unsolicited commercial messages, advertising, informational announcements or communications in any form ("SPAM") in connection with the Services; or
We reserve the right, for any reason, in our sole discretion and without notice to you, to modify, terminate, change, suspend or discontinue any and all aspects of the Services, including features and/or hours of availability, and we will not be liable to you or to any third party for doing so.
While we use reasonable security measures to deliver the Services, you understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event we cannot guarantee that any personal information you submit to us will be free from unauthorized intrusion.
All comments, feedback, information (other than your personally identifiable information (PII) or billing information) or materials submitted to BlackBeltHelper Mobile application ("Submissions") shall be considered non-confidential and BlackBeltHelp's property. By providing such Submissions to BlackBeltHelp, you agree to assign to BlackBeltHelp, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. BlackBeltHelp shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. As part of any virtual personal assistant services asked by you, you acknowledge and agree that BlackBeltHelp may retain some of your personally identifiable information (PII) or billing information for purposes of record retention, which shall not be subject to the foregoing assignment provision. You acknowledge that you are responsible for the Submissions that you provide, and that you have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. You hereby represent, warrant and agree that you shall not up load, post, transmit, distribute or otherwise publish any service or feature made available on or through the application, any materials which are, do, or could reasonably be construed to be or do any of the following:
- Restrict or inhibit anyone from using and enjoying the application services;
- Fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, or that threatens or invites violence, or that is derogatory of others on the basis of gender, race, ethnicity, national origin, religion, sexual preference or disability;
- Constitute or encourage conduct that would constitute a criminal offence, give rise to potential civil liability or otherwise violate any local, state, national or international law;
- Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
- Contain embedded links, advertising, chain letters or pyramid schemes of any kind;
- Constitute or contain false or misleading indications of origin, endorsement or statements of fact; or
- Contain sensitive, proprietary or confidential information about yourself or others.
Except as may be expressly permitted in connection with one of the applications services, you also may not offer to buy or sell any product or service on or through your Submissions. We will not accept responsibility for any information included in any Submissions created or posted by third parties. You alone shall be responsible for the content and consequences of any and all of your activities and you submit Submissions absolutely at your own risk.
By submitting or sending Submissions to us, you hereby:
- Represent and warrant that the Submissions are not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and us in any way.
- Represent and warrant that the Submissions are original to you, that no other party has any rights thereto, and that any "moral rights" in Submissions have been waived, and
- Grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorize others to do so.
We cannot be responsible for maintaining any Submissions that you provide to us, nor are we responsible for any information included in any Submissions (for example, without limitation, a blog post or any comments to blog(s) created or posted by Users), and we may delete or destroy any such Submissions at any time.
AVAILABILITY/ UNAVAILABILITY OF SERVICES & MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of BlackBeltHelp's reasonable control (e.g., acts of God, an outbreak of computer viruses, strikes, riots, wars, other military action, civil disorder, and acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in BlackBeltHelp's ability to provide virtual personal assistant services. You hereby release BlackBeltHelp from any and all liability, and agree that BlackBeltHelp shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. BlackBeltHelp or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability
THIRD PARTY SERVICES
As part of the Services, BlackBeltHelp may suggest certain third party services to you ("Third Party Services"). If you choose to subscribe to or otherwise use any Third Party Services, your use of any such services is subject to the terms of service of such third party service provider. You hereby agree to comply with such provider's terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Violation of such third party provider's terms of service may, in BlackBeltHelp's sole discretion, result in the termination of your customer account and use of service.
LIMITATIONS ON ACTIONS
Cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD BLACKBELTHELP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS AT ALL TIMES FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, IN ANY WAY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR YOUR VIOLATION OF THESE TERMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BLACKBELTHELP, ITS SUPPLIERS, AND REFERRAL PARTNERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, WHETHER FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), MISPRESENTATION, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING FROM DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOST SALES, LOST REVENUE, LOST PROFITS OR OTHER LOSS OF BUSINESS, LOSS OF OR DAMAGE TO DATA, OR COST OF SUBSTITUTE SERVICES EVEN IF BLACKBELTHELP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
TERM AND TERMINATION
BlackBeltHelp in its sole election may terminate or suspend your Service immediately without notice if:
- You are in breach of any of these Terms (including but not limited to all policies regarding abuse and acceptable use of the Service)
- BlackBeltHelp receives an order from any regulatory/legal authority or court to terminate the Service you are using;
- If BlackBeltHelp for any reason ceases to offer the Service;
- If you are no longer a BlackBeltHelp customer, or
- BlackBeltHelp determines that you are abusing the Service.
BlackBeltHelp, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.
If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. BlackBeltHelp's failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
BlackBeltHelp reserves the right to amend the Terms, and the BlackBeltHelper mobile application at any time by (a) posting a revised version of the Terms on the BlackBeltHelper App, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to BlackBeltHelp in connection with registration. You are responsible for regularly reviewing the BlackBeltHelp website to be notified of any amendments to the Terms. Your use of the BlackBeltHelper App or the Services after an amendment to the Terms shall be deemed acceptance by you of the amended Terms.
This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the state of OH without regard to conflicts of law principles that would require the application of the laws of any other jurisdiction. You further agree to the jurisdiction of the federal and state courts situated in the state of OH.
You and BlackBeltHelp will attempt to resolve any Dispute through negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mediator agreed to by the parties, rather than through litigation. The existence or results of any negotiation or mediation will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain a temporary restraining order, preliminary injunction, or other equitable relief to preserve the status quo, prevent irreparable harm, avoid the expiration of any applicable limitations period, or preserve a superior position with respect to other creditors, although the merits of the underlying Dispute will be resolved in accordance with this paragraph. In the event we are unable to resolve the Dispute within 30 days of notice of the Dispute to the other party, we shall be free to pursue all remedies available at law or in equity.
This version of the Terms is effective as of October 2014. The Agreement governs your use of the Services, superseding any prior or contemporaneous agreements between you and BlackBeltHelp. The failure of BlackBeltHelp to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You may not assign the Agreement or any of your rights or obligations under the Agreement without BlackBeltHelp’s express written consent. The Agreement inures to the benefit of BlackBeltHelp’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
We at BlackBeltHelp take the privacy of its users seriously. We are committed to safeguarding the privacy of our users while providing a personalized and valuable service.
No user information is rented or sold to any third party. When a user uses the Application, Company may collect users’ Name, password, mobile phone number, and mailing address, email ID, Pin Code, age, gender, other apps on users’ phones, login information for Facebook, Twitter and Google account and other personal information such as service Account Numbers. A high standard of security is maintained by Company for its users; however the transmission of information via the internet is not completely secure. So, whilst we will do our best to protect user information, particularly with respect to protection of personal data, we cannot ensure the security of user data transmitted to us via the internet or any other medium. You are under no obligation to provide us with such information. However, if you choose to withhold requested information, you may not be able to use the Application and we may not be able to respond effectively to your query or provide you with certain services.
DISCLOSURE OF PERSONAL INFORMATION
We do not disclose your information to any third parties other than Company’s affiliates.
We also use information in aggregate form (so that no individual user is identified):
- To build up marketing profiles;
- To aid strategic development;
- To manage our relationship with advertisers and partners; and
- To audit usage of the Application.
Company reserves the right to disclose personal information if required to do so by law or if we believe that it is necessary to do so to protect and defend the rights, property or personal safety of BlackBeltHelper, the Application, or its users.
ACCEPTANCE OF THIS POLICY
Whilst we use all reasonable endeavors to protect your security in the manner described above, we consider that it is only appropriate to advise users that data transmission over the internet, the world wide web or any other type of network cannot always be guaranteed as 100% secure and therefore that you use the Application at your own risk.