Website Terms of Use

Effective Date: November 1, 2014

Last Updated: December 31, 2015

Acceptance of the Terms of Use

Welcome to the website of MILWAUKEE BLACK BUSINESS, LLC (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of MKEBLACKBUSINESS.COM (the “Website”).

Please read the Terms of Use carefully before you start to use the Website. You must be at least 18 years of age to use the Website. By using the Website or by clicking to accept to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Changes to the Terms of Use and the Website

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

The Website may be modified, interrupted, suspended or discontinued at any time without notice or liability. We may also update the content on this Website from time to time, but the content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users, without notice or liability of any kind. You may not access or use the Website if you are a competitor of ours, or if we have previously banned you from the Website or closed your account.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. We have the right to ban your access to the Website or disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason. You may not impersonate someone else, create or use an account for someone else, or create multiple accounts.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, visual interfaces, displays, images, video and audio, aggregate user review ratings, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the terms, including without limitation, Milwaukee Black Business, MKE Black Business and mkeblackbusiness.com, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • in any way that violates any applicable federal, state, local or international law or regulation;
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability;
  • to write a fake or defamatory review, or
  • to trade reviews with a business, or accept any compensation to write or remove a review;
  • to use any robot, spider or other automatic device, process or means to access the Website for any purpose, including creating or populating a database of business reviews, or copying or reformatting any of the material on the Website;
  • to introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful, or
  • otherwise attempt to interfere with the proper working of the Website.

 

You may expose yourself to liability if you do not limit your use of the Website to lawful purposes and in accordance with these Terms of Use.

 

These restrictions only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them without providing 30 days’ prior written notice.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, business listings, reviews, ratings, maps and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you irrevocably grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, a world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use your User Contributions for any purpose. You also irrevocably waive, and cause to be waived, against us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, any claims and assertions of moral rights or attribution with respect to your User Contributions.

You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns. You represent and warrant that all of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

Monitoring and Enforcement; Termination

We have the right to:

  • remove or refuse to post any User Contributions for any or no reason in our sole discretion;
  • disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; and
  • to cooperate with any law enforcement authorities or to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

 

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website. We do not undertake to review all material before it is posted on the Website. These materials do not necessarily reflect the opinion of the Company.

 

We are under no obligation to enforce these Terms of Use on your behalf against another user. We encourage you to let us know if you believe another user has violated these Terms of Use, however, we reserve the right to investigate and take appropriate action at our sole discretion.

 

Content Standards

These content standards apply to any and all User Contributions. User Contributions must not:

  • contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
  • violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy
  • promote any illegal activity, or advocate, promote or assist any unlawful act;
  • impersonate any person, or misrepresent your identity or affiliation with any person or organization, or
  • involve commercial activities or sales, such as contests, sweepstakes, or bartering.

Copyright Infringement

It is the policy of the Company to quickly respond to legitimate claims of copyright and other intellectual property infringement. We will investigate claims of alleged infringement and will take appropriate action(s) under the Digital Millennium Copyright Act (“DMCA“) and other applicable laws.

The Company may remove or disable access to any material or link to material claimed to be infringing or claimed to be the subject of infringing activity. It is the policy of the Company to ban repeat infringers from the Website or terminate the user accounts of repeat infringers.

To provide the Company with notice of an infringement, you must provide a written communication to info@mkeblackbusiness.comthat sets forth the information specified by the DMCA.

Your notice of infringement must include the following information:

  1. a description of the copyrighted work (or other intellectual property interest)       that has allegedly been infringed;
  2. a description of where the copyrighted work (or other intellectual property interest) is located on the Website;
  3. your address, telephone number, and email address;
  4. a signature of a person authorized to act on behalf of the copyright (or other intellectual property interest) owner;
  5. swear under penalty of perjury that you are the copyright (or intellectual property) owner or authorized to act on the owner’s behalf;
  6. a statement that you have a good faith belief that the alleged infringing use is not authorized by the owner or the law and the information you provided in your notice is complete and accurate. You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.

If your copyright (or other intellectual property interest) has been removed from the Website, you may provide the Company with a response notification by written communication to info@mkeblackbusiness.com that sets forth the information required by the DMCA. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others.

If you are uncertain whether an activity constitutes infringement, you should seek the advice of an attorney.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Linking to the Website and Social Media Features

You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Identification, Events, Marketplace, & Communications

Identification. We cannot and do not confirm the identity of each user of our Website. Although we may provide tools intended to assist with identity verification, you are solely responsible for determining the identity and suitability of others with whom you may interact through the Website. We do not represent or warrant that any information on the Website, alone or in combination with other information, is sufficient to determine whether it is appropriate for you to interact with another user. Further, we do not endorse any persons or businesses who use or register for our Website. We do not investigate or verify user’s reputation, conduct, morality, criminal background, or any information user may submit to our Website. We encourage you to take precautions when interacting with other users, particularly when meeting a stranger in person for the first time.

Events. Our Website enables users (an “Event Host”) to arrange physical Events (an “Event”) at locations that include, without limitation, public areas and private homes or businesses. Events are intended to celebrate Milwaukee’s African American community – arts and culture, faith and family, education and community information, health and wellness; however, we do not supervise Events and are not involved in any way with the actions of any individuals at these Events. We have no control over the identity or actions of any individuals who are present at these Events, and we request that our users exercise caution and good judgment when attending these Events. Milwaukee Black Business is not involved in any way with physical transportation to or from Events or payment processing between you and the Event Host. Milwaukee Black Business has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Website or Events.

Marketplace. Our Website enables certain users (“Merchants”) to promote and sell goods and services through our online marketplace (the “Marketplace”). We do not supervise Merchants or inspect the goods or services in the Marketplace. We have no control over Merchants or the quality, legality, or authenticity of any goods or services in the Marketplace, and request that our users exercise caution and good judgment when making any purchase.

Communications. You understand that certain communications are part of our Website, such as service announcements and newsletters, as well as sponsorship or promotional information relevant or beneficial to you, one of your Events, or one of your purchases from the Marketplace. By using our Website, you expressly agree to receive communications from Milwaukee Black Business or its designees, your Event Host or Merchants or their designees, or other users of the Website. You may manage your subscriptions to such communications through your account; however, some basic communications are a necessary part of our Website and may not be disabled. Our Website just enables you to communicate and interact with other people. We are not responsible for the interactions that you have with other users of our Website, so please exercise caution and good judgment when you use our Website.

You Have Sole Responsibility When Interacting with Other Users. For clarity, we are not a party to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any Events, goods or services in the Marketplace, communications, transactions, interactions, disputes or any relations whatsoever between you and any other member, person or organization. You are solely responsible for your interactions with other users of our Website. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Website. You agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and Event Hosts and Merchants and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Website, your transactions with third parties, our resolution of any disputes among users, your transportation to or from, attendance at, or the actions of you or other persons at, an Event, and/or your purchase or use of goods or services in the Marketplace. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

 

Payment

Access and use of selected features of the Website is free. We may charge fees for various features and services that we offer, and we will notify you of those charges at the time that we offer you the features or services for a fee. We may, in our sole discretion, and by notifying you on our Website, change this policy and add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we notify you of new fees or change the fees for an existing service, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service. You agree to pay all fees within 30 days from the date of Milwaukee Black Business’ invoice. In the event payments are not received by Milwaukee Black Business within 30 days after becoming due, Milwaukee Black Business may: charge interest on any such unpaid amounts at a rate of 1% or, if lower, the maximum amount permitted under applicable law, from the date such payment was due until the date paid; and suspend provision of all related services until payment has been made in full. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Use. Some Event Hosts or Merchants may require or request fees for membership or participation. Such fees are at the discretion of each Event Host or Merchant, who decides whether such fees are required, the amount frequency, payment options, refund policies, and how such fees are spent. Fees assessed by Event Hosts or Merchant are remitted to the Event Host or Merchant and not to Milwaukee Black Business. You acknowledge that Milwaukee Black Business does not control the transaction between you and an Event Host or Merchant, and that you bear all risk in connection with the transaction. You should use common sense and be careful in deciding whether to make a payment to an Event Host or Merchant. We cannot ensure that an Event Host or Merchant is legitimate and truthful, that he or she will use payments as promised. Your correspondence or business dealings with, or participation in promotions of Event or Marketplace, including payment and related services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the applicable Event Host or Merchant.

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE WEBSITE OR THESE TERMS OF USE IS LIMITED TO THE THE AMOUNT PAID, IF ANY, BY YOU TO US IN CONNECTION WITH THE SITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction).

FOR ANY DISPUTE OR CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN HENNEPIN COUNTY, MINNESOTA.

Entire Agreement

The Terms of Use and our Privacy Policy, and Terms of Sale (if any), constitute the sole and entire agreement between you and MILWAUKEE BLACK BUSINESS, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by MILWAUKEE BLACK BUSINESS, LLC.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@mkeblackbusiness.com

Thank you for visiting the Website.