Terms Of Use

Welcome to www.earlyblackfriday.com (the "Website" or "Site"). EarlyBlackFriday, LLC ("We" or "Us") has included a wealth of information and functionality for users of Our Website, all of which is provided subject to the following Website Terms and Conditions of Use set forth below. These "Terms of Use" are an agreement between You and Us and govern Your access to and use of this Website. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THIS WEBSITE! IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

By accessing this Website, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

Use of the Site

Except as may be explicitly permitted through this Site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, catalogue, aggregate, or create derivative works from materials, code or content on or from this Site. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from EarlyBlackFriday.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. EarlyBlackFriday.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-EarlyBlackFriday.com web site, please understand that it is independent from EarlyBlackFriday.com, and that EarlyBlackFriday.com has no control over the content on that web site. In addition, a link to a EarlyBlackFriday.com web site does not mean that EarlyBlackFriday.com endorses or accepts any responsibility for the content, or the use, of such web site.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. EARLYBLACKFRIDAY.COM PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND EARLYBLACKFRIDAY.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL COUPONS, PROMOTIONS, SALES, OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. EARLYBLACKFRIDAY.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. EARLYBLACKFRIDAY.COM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

Limitation of Liability

IN NO EVENT WILL EARLYBLACKFRIDAY.COM BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF EARLYBLACKFRIDAY.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, EARLYBLACKFRIDAY.COM LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Third Party Sites

You will be transferred to online merchants or other third party sites through links or frames from this Site. This Site does not sell any good or service to consumers and nothing on this Site shall be construed as an offer to sell anything or enter into any kind of business relationship. Any purchases you make will be through other websites and from other companies. You are cautioned to read such site's terms and conditions and all policies, including policies regarding sales, returns, warranties, and privacy before using such sites in order to be aware of the terms and conditions of your use of such sites. You are also cautioned to carefully read the terms and conditions of any coupons, specials, deals, contests, discounts, promotions, sales or other offers from these merchants. EarlyBlackFriday.com shall not be responsible for any inaccuracies; misrepresentations; product or service liability; offensive, infringing, libelous or illegal materials; lack of availability of other sites, information, promotions, products, or services; viruses or other computer problems resulting from use of such sites; or any liabilities resulting from the terms and conditions of other sites. EarlyBlackFriday.com does not guarantee any content on such sites or anything offered by third parties, including but not limited to discounts, prices, promotions, products, or services. You are knowingly and voluntarily assuming all risks of using such sites to purchase goods and services and of using the sales circulars, coupons, promotions, or other information listed on this Site. You agree that EarlyBlackFriday.com and its licensors and advertisers shall have no liability whatsoever from such third party sites and your usage of them. These other sites are not under the control of EarlyBlackFriday.com, are not monitored or reviewed by EarlyBlackFriday.com, and EarlyBlackFriday.com is not aware of the contents of such sites. EarlyBlackFriday.com does not sponsor, endorse, or recommend these sites and makes no representations or warranties of any kind with regard to any sites, their terms of use, or the way they may collect, save, store, and use information, including your personally identifiable information. You acknowledge that EarlyBlackFriday.com is not responsible for the products, services, accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. The inclusion of such a link or frame does not imply endorsement of that site by EarlyBlackFriday.com or its advertisers or licensors, or any association with its operators, and is provided solely for your convenience.

Submissions and User Content

EarlyBlackFriday.com does not want and cannot accept any ideas, materials, comments, feedback, or suggestions you consider to be confidential or proprietary. Accordingly, you agree that you reserve no right, title, or interest in and to any ideas, information, feedback, questions, comments, suggestions, sales circulars, ad scans, coupon codes, deal information, promotions, printable coupons, or any other data (collectively, "Submissions") provided by you to EarlyBlackFriday.com on the Site or via email. Except as set forth in our Privacy Policy, EarlyBlackFriday.com shall have the right to treat any Submission as non-confidential and shall be free to reproduce, use, disclose, publish, modify, translate, create derivative works from and distribute Submissions to others without limitation. EarlyBlackFriday.com shall be free to use anything contained in such Submissions for any purpose whatsoever. Any Site Content, including Submissions, uploaded, published, displayed, transmitted, posted or submitted on or to this Site by a user ("User Content") will be subject to these Terms and Conditions. With respect to any User Content generated by you on or through this Site, you represent and warrant that: (i) you own or otherwise have the right to grant the license set forth below in this section with respect to such User Content, (ii) such User Content does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, confidentiality rights, contract rights or any other rights of any person, and (iii) you agree to pay any and all royalties, fees, and any other monies owing any person arising in connection with such User Content appearing on this Site. If a third party claims that the posting or submission of any User Content by you is unlawful, you will bear the burden of establishing that it is lawful. Any and all User Content shall be deemed non-confidential. By uploading, publishing, displaying, transmitting, posting or submitting any User Content on or through this Site, you hereby grant to EarlyBlackFriday.com a limited, non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, sub-licensable right and license to use, modify, publicly perform, publicly display, reproduce, create derivative works of and distribute such User Content together with your name and location (city, state and/or country) for any purpose including, but not limited to, developing and improving services and information offered through the Site, reproduction, disclosure to third parties, broadcasting, transmission, promotion, posting or otherwise in any media format or channel now known or hereafter developed. This license does not entitle you to any payment from EarlyBlackFriday.com for any reason. EarlyBlackFriday.com is not obligated to publish, display or post any User Content publicly. You further agree that you will not upload, publish, display, transmit, post or submit any User Content on or through this Site that is libelous, abusive, obscene, or otherwise contrary to applicable local, federal, or international laws and regulations. You are solely responsible for the content of any information you provide to EarlyBlackFriday.com.

Personal and Lawful Use Only

Unless otherwise specified, the Site and our services are intended for your personal, noncommercial use only. You agree to use the Site and our services only for lawful purposes and acknowledge that your failure to do so may subject you to civil and criminal liability. You may not in any way make commercial or other unauthorized use of (by publication, re-transmission, distribution, performance, caching, cataloguing, aggregating, or otherwise) the Site Content or other material obtained through the Site, except as permitted by the Copyright Act or other law and as expressly permitted in writing by this Agreement, EarlyBlackFriday.com, or the Site.

Indemnification

You agree to defend, indemnify, and hold harmless EarlyBlackFriday.com, its advertisers, vendors, product and service providers, licensors, parents, subsidiaries and other affiliated companies, and their employees, contractors, members, managers, officers, shareholders, agents and directors from all liabilities, claims, losses, damages, obligations, costs, and expenses, including attorney's fees, that arise from or relate to (a) your use of and access to this Site, or any services, information or products from this Site; (b) your violation or breach of any of the terms of this Agreement or your representations and warranties; (c) your violation of the rights of any third party, including but not limited to any copyright, property, or privacy right; or (d) any claim that one or more of your submissions to the Site has caused damage to a third party. This defense and indemnification obligation will survive your use of the Site. EarlyBlackFriday.com reserves the right to assume the exclusive defense and control of any claim for which we or any of the indemnified parties listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defense and shall provide us with such cooperation at no charge as is reasonably requested by us to assert any available defenses.

Choice of Law & Forum; Attorney's Fees

These Terms of Use shall be governed and construed by the laws of the State of Massachusetts, exclusive of its conflicts of laws provisions. Any controversy or claim arising out of or related to these Terms of Use shall be settled exclusively by the State or Federal courts of Boston, Massachusetts, and THE PARTIES HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS. If You breach these Terms of Use or any other Website policy and We incur attorneys' fees to enforce such policies, We shall be entitled to receive, and the court shall award, Our reasonable attorneys' fees and costs incurred in such action.

EarlyBlackFriday.com's Remedies

You acknowledge that any breach of these binding Terms and Conditions, including without limitation the restrictions on competitor access or any unauthorized use of the Site, is a material breach of the Agreement and will cause irreparable harm and injury to EarlyBlackFriday.com, for which there is no adequate remedy at law. Thus, in addition to all other remedies available at law or in equity, You agree that in the event of such breach EarlyBlackFriday.com shall be entitled to injunctive or other equitable relief, whether or not liquidated damages are available without the requirement that EarlyBlackFriday.com post a bond.

Material breach of these binding Terms and Conditions harms the integrity, functionality, and reputation of EarlyBlackFriday.com; detracts from Users’ trust in and use of the Site; and damages the business of EarlyBlackFriday.com. Accordingly, You acknowledge and agree that EarlyBlackFriday.com incurs actual damages, which are extremely difficult or impossible to quantify, as a result of material breach of this these binding Terms and Conditions. For the avoidance of doubt, such damages would not constitute an adequate remedy at law or in any way affect Your agreement that EarlyBlackFriday.com would be entitled to injunctive or other equitable relief in the event of such breach.

Revisions and Errata

The materials appearing on EarlyBlackFriday.com's web site could include technical, typographical, or photographic errors. EarlyBlackFriday.com does not warrant that any of the materials on its web site are accurate, complete, or current. EarlyBlackFriday.com may make changes to the materials contained on its web site at any time without notice. EarlyBlackFriday.com does not, however, make any commitment to update the materials.

Links

EarlyBlackFriday.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by EarlyBlackFriday.com of the site. Use of any such linked web site is at the user's own risk.

Site Terms of Use Modifications

EarlyBlackFriday.com may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to EarlyBlackFriday.com's web site shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions.