BLACK DOLLARS CONNECT — TERMS OF SERVICE
Effective Date: [EFFECTIVE DATE]
Owner/Operator: [LEGAL NAME OR ENTITY] (“we,” “us,” “our,” or the “Company”)
Contact: [CONTACT EMAIL]
IMPORTANT — PLEASE READ CAREFULLY. THESE TERMS CONTAIN A RELEASE AND WAIVER OF LIABILITY, A LIMITATION OF LIABILITY, AN INDEMNIFICATION OBLIGATION, A SHORTENED TIME LIMIT TO BRING CLAIMS, A BINDING ARBITRATION PROVISION, AND A CLASS-ACTION AND JURY-TRIAL WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. BY ACCESSING OR USING THE APP, YOU AGREE TO BE BOUND BY THEM.
1. ACCEPTANCE OF THESE TERMS
1.1 These Terms of Service (“Terms”) form a legally binding agreement between you (“you,” “user”) and the Company governing your access to and use of the Black Dollars Connect progressive web application, website, and any related services, content, and features (collectively, the “App”).
1.2 By tapping “I Agree,” creating an entry, or otherwise accessing or using the App in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference.
1.3 If you do not agree to these Terms, you must not access or use the App. Your only remedy if you are dissatisfied with the App or these Terms is to stop using the App.
2. ELIGIBILITY
2.1 You must be at least 18 years old, or the age of majority in your jurisdiction, to use the App. If you are under that age, you may use the App only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms.
2.2 By using the App, you represent and warrant that you meet these requirements and that all information you provide is accurate.
3. THE SERVICE — INFORMATIONAL PURPOSES ONLY
3.1 The App is a directory that displays information about businesses, service providers, professionals, online brands, and other listings (collectively, “Listings”). The App is provided solely for general informational and convenience purposes.
3.2 The Listings and all other content in the App do not constitute a recommendation, referral, solicitation, endorsement, or advice of any kind. Your decision to contact, visit, hire, purchase from, or otherwise engage with any party identified in the App is made solely at your own discretion and risk.
4. NO VETTING, VERIFICATION, OR ENDORSEMENT
4.1 Listings are compiled from public, third-party, and community-submitted sources. We do NOT independently investigate, vet, verify, screen, monitor, endorse, guarantee, or warrant any business, person, product, or service listed in the App, or any information about them, including but not limited to ownership, identity, licensing, certification, insurance, qualifications, background, safety, legality, quality, pricing, availability, hours, location, or contact details.
4.2 The inclusion of any party in the App is not an endorsement, certification, recommendation, or guarantee by us. We are not affiliated with, and do not act as an agent, partner, employee, or representative of, any listed party, and no joint venture, partnership, or agency relationship is created, unless expressly stated in writing.
4.3 You are solely responsible for performing your own due diligence — including verifying credentials, licenses, insurance, reviews, and reputation — before engaging with any party found through the App.
5. NO PROFESSIONAL ADVICE; NO PROFESSIONAL RELATIONSHIP; EMERGENCIES
5.1 The App may list professionals such as physicians, dentists, therapists, attorneys, accountants, and other service providers. Nothing in the App constitutes, or is a substitute for, professional medical, mental-health, legal, financial, tax, or other professional advice.
5.2 Using the App, or contacting any professional found through it, does NOT create any doctor-patient, therapist-client, attorney-client, fiduciary, advisor, or other professional relationship between you and us, or between you and any listed party, and does not establish any duty of care owed to you by us.
5.3 The App is not intended for emergencies. If you are experiencing a medical, mental-health, legal, or safety emergency, call 911 or your local emergency services immediately. Do not rely on the App for urgent needs.
5.4 You should always consult a qualified, licensed professional and independently confirm their licensure and good standing before relying on any professional services.
6. “BLACK-OWNED” AND OTHER DESIGNATIONS
6.1 Designations in the App, including any “Black-owned,” category, ownership, “verified,” or similar labels, are based on preliminary information gathered from public and community sources and/or self-identification by submitters. Such designations are not independently confirmed and may be inaccurate, incomplete, or out of date.
6.2 We make no representation, warranty, or guarantee regarding the ownership, identity, or any characteristic of any listed party, and we are not liable for any reliance on such designations.
7. ACCURACY AND AVAILABILITY OF INFORMATION
7.1 Information in the App may be inaccurate, incomplete, outdated, or otherwise unreliable, and businesses may close, relocate, change ownership, or change their information at any time without notice.
7.2 We do not warrant that the App, its content, or any Listing will be accurate, current, reliable, complete, uninterrupted, secure, or error-free, and we are under no obligation to update any information.
8. RELIANCE ON THIRD-PARTY DATA
8.1 The App relies in part on data, information, and materials obtained from public records, third-party sources, and community submissions. We do not control and are not responsible for the accuracy, completeness, legality, or timeliness of such third-party data, and we are not liable for any errors or omissions in it or for any reliance on it.
9. ACCEPTABLE USE
9.1 You agree not to: (a) use the App for any unlawful, harmful, fraudulent, or abusive purpose; (b) harass, defame, threaten, or harm any listed party or other user; (c) scrape, harvest, copy, resell, or redistribute Listings or App content without our written permission; (d) submit false, misleading, defamatory, infringing, or unlawful content; (e) impersonate any person or business or misrepresent your affiliation; (f) interfere with, disrupt, probe, or attempt to gain unauthorized access to the App or its systems; (g) introduce malware or harmful code; or (h) use the App in violation of any applicable law or these Terms.
9.2 We may, in our sole discretion and without notice, remove content, suspend, or terminate access for any reason, including suspected violation of these Terms.
10. USER-SUBMITTED CONTENT
10.1 The App may allow users and business owners to submit content, including business listings, claims, corrections, reports, photos, reviews, and other materials (“User Content”).
10.2 You are solely responsible for your User Content and represent and warrant that you own or have all necessary rights to it, that it is accurate, and that it does not violate these Terms, any law, or any third-party right (including privacy, publicity, and intellectual-property rights).
10.3 By submitting User Content, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, publish, display, distribute, and create derivative works from it in connection with operating, promoting, and improving the App and our business.
10.4 We do not endorse and are not responsible or liable for any User Content. We may, but are not obligated to, review, moderate, edit, or remove any User Content at any time, for any reason, without notice. We are not liable for any failure to remove, or any removal of, User Content.
11. REVIEWS AND OPINIONS
11.1 The App may permit ratings, reviews, and similar commentary. Any such content reflects the personal opinions of the users who submit it and does not reflect the views of, and is not endorsed, adopted, or verified by, the Company.
11.2 We are not responsible or liable for any review or opinion, and we may remove, decline to post, or moderate any such content at our discretion.
12. LISTINGS — PLACEMENT, RANKING, REMOVAL, AND NO GUARANTEE OF RESULTS
12.1 We control, in our sole discretion, which parties are listed and the selection, arrangement, ordering, ranking, and presentation of Listings. Listing order and placement are not a measure or endorsement of quality, reliability, or suitability.
12.2 The App may include featured, sponsored, promoted, or paid placements, which may be displayed more prominently. We may charge fees for enhanced placement or features.
12.3 We may add, decline, edit, suspend, or remove any Listing at any time, for any reason or no reason, in our sole discretion. We are under no obligation to list any party, and the inclusion, exclusion, or removal of any party does not imply anything positive or negative about that party.
12.4 We make no representation, warranty, or guarantee that any Listing, claim, feature, or placement will result in any leads, inquiries, traffic, customers, sales, revenue, or other outcome.
13. THIRD-PARTY BUSINESSES, LINKS, AND TRANSACTIONS
13.1 The App contains references and links to third-party businesses, websites, content, products, and services that we do not own or control.
13.2 Any interaction, communication, transaction, purchase, appointment, or dealing between you and any third party found through the App is solely between you and that third party. We are not a party to and have no responsibility or liability for any such dealings, including any dispute, loss, injury, damage, defect, non-performance, or harm that may result. We have no obligation to mediate or become involved in any such dispute.
13.3 We are not responsible for the content, privacy practices, accuracy, or availability of any third-party site or service.
14. PERSONAL SAFETY; DEALINGS WITH THIRD PARTIES
14.1 You are solely responsible for your interactions with any business, professional, or other person you find through the App. You assume all risks associated with contacting, meeting, visiting, hiring, or transacting with any such party.
14.2 You should exercise caution and good judgment, including verifying identities and credentials, meeting in safe public places where appropriate, and not sharing sensitive personal or financial information. We do not conduct background checks on listed parties and make no representation regarding the safety, character, or conduct of any party.
15. ADVERTISING AND THIRD-PARTY SERVICES
15.1 The App may display advertising and may use third-party services, including analytics and ad networks. We are not responsible for the content of any advertisement or for any product or service offered by an advertiser, and your dealings with advertisers are solely between you and them.
16. PLATFORM STATUS; THIRD-PARTY AND USER CONTENT
16.1 The App is an interactive computer service that enables access to content provided by businesses, third parties, and users. We act as a venue and do not author, originate, or adopt third-party or User Content.
16.2 Consistent with Section 230 of the Communications Decency Act (47 U.S.C. Section 230) and other applicable law, we are not the publisher or speaker of, and are not liable for, information provided by third parties or users, and any moderation, editing, or removal of content does not make us the publisher of any content.
17. DMCA / COPYRIGHT POLICY
17.1 We respect intellectual-property rights and respond to clear notices of alleged copyright infringement under the Digital Millennium Copyright Act (“DMCA”).
17.2 If you believe content in the App infringes your copyright, send a written notice to our designated agent at [CONTACT EMAIL] that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and its location in the App; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act on the owner’s behalf.
17.3 We may remove allegedly infringing material, and we may terminate the access of users who are repeat infringers.
18. INTELLECTUAL PROPERTY
18.1 The App, including its design, layout, text, graphics, logos, the “Black Dollars Connect” name and marks, compilation of Listings, and all related intellectual property, is owned by or licensed to the Company and is protected by applicable laws. Except for your personal, non-commercial use of the App as permitted here, you may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any part of the App without our prior written consent.
19. FEEDBACK
19.1 If you submit any ideas, suggestions, feedback, or proposals about the App (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit the Feedback for any purpose, without any obligation, compensation, or attribution to you.
20. ELECTRONIC COMMUNICATIONS; NOTIFICATIONS; CALLS AND TEXTS
20.1 By using the App, you consent to receive communications and notices from us electronically, including by in-app message, push notification, and email, and you agree that electronic communications satisfy any legal requirement that a communication be in writing.
20.2 If you provide a telephone number or enable notifications, you consent to receive related communications, which may include automated calls or text messages (for example, verification codes or service messages). Message and data rates may apply. You may opt out of non-essential messages as described in those messages or our Privacy Policy. Where required, calls or texts will only be sent with any consent mandated by applicable law, including the Telephone Consumer Protection Act.
21. CHILDREN
21.1 The App is not directed to children under 13, and we do not knowingly collect personal information from children under 13. If you believe a child has provided us personal information, contact us at [CONTACT EMAIL] and we will take appropriate steps to delete it.
22. GEOGRAPHIC SCOPE; LOCAL-LAW COMPLIANCE
22.1 The App is intended for users in the United States. We make no representation that the App or its content is appropriate or available for use in other locations. You are responsible for complying with all laws applicable to you, and for any use of the App from outside the United States.
23. PRIVACY
23.1 Your use of the App is also governed by our Privacy Policy, which explains how we handle information. By using the App, you consent to those practices.
24. DISCLAIMER OF WARRANTIES
24.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL CONTENT AND LISTINGS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
24.2 WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY INFORMATION IS ACCURATE OR RELIABLE.
24.3 Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
25. ASSUMPTION OF RISK
25.1 You knowingly and voluntarily assume all risks associated with your use of the App and with any contact, communication, transaction, visit, or relationship with any party found through the App, including risks of inaccurate information, property damage, financial loss, bodily injury, and death.
26. RELEASE AND WAIVER OF LIABILITY
26.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Company and its owners, founders, operators, members, managers, officers, directors, employees, agents, contractors, affiliates, successors, and assigns (the “Released Parties”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES, LOSSES, DAMAGES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO YOUR USE OF THE APP, ANY LISTING, ANY USER CONTENT, OR ANY INTERACTION OR TRANSACTION WITH ANY PARTY FOUND THROUGH THE APP.
26.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS RELEASE AND WAIVER APPLIES TO CLAIMS BASED ON NEGLIGENCE AND GROSS NEGLIGENCE OF THE RELEASED PARTIES, AS WELL AS CLAIMS BASED ON STRICT LIABILITY, CONTRACT, WARRANTY, OR ANY OTHER LEGAL THEORY.
26.3 You understand that some jurisdictions do not permit the release of certain claims (for example, claims for gross negligence, willful misconduct, fraud, or violations of law). In those jurisdictions, this release applies to the maximum extent permitted, and the unenforceability of any portion does not affect the remainder.
26.4 If you are a California resident, you expressly waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You waive any similar law of any other jurisdiction, to the extent permitted.
27. LIMITATION OF LIABILITY
27.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
27.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US 100.00).
27.3 These limitations apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so portions may not apply to you.
28. INDEMNIFICATION
28.1 To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the App; (b) your User Content; (c) your interactions or transactions with any party found through the App; (d) your violation of these Terms or any law; or (e) your violation of any third-party right. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense.
29. TIME LIMIT FOR CLAIMS
29.1 To the fullest extent permitted by applicable law, any claim or cause of action arising out of or relating to the App or these Terms must be filed within ONE (1) YEAR after the claim or cause of action arose; otherwise, it is permanently barred.
30. DISPUTE RESOLUTION; ARBITRATION; CLASS-ACTION AND JURY-TRIAL WAIVER
30.1 Informal Resolution. Before filing any claim, you agree to first contact us at [CONTACT EMAIL] and attempt to resolve the dispute informally for at least 30 days.
30.2 Binding Arbitration. To the fullest extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to the App or these Terms that is not resolved informally will be resolved by final and binding individual arbitration administered by a recognized, neutral arbitration provider (such as the American Arbitration Association or JAMS) under its applicable consumer arbitration rules, by a single neutral arbitrator selected in accordance with those rules, rather than in court — except that either party may bring an individual claim in small-claims court.
30.3 Class-Action and Jury-Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. YOU AND THE COMPANY WAIVE ANY RIGHT TO A JURY TRIAL.
30.4 Severability of this Section. If the Class-Action and Jury-Trial Waiver in Section 30.3 is found unenforceable as to a particular claim or request for relief, then the arbitration agreement will not apply to that claim or request, which will instead proceed in a court of competent jurisdiction on an individual basis, and the remainder of this Section will continue to apply to all other claims.
30.5 Opt-Out. You may opt out of this arbitration provision by sending written notice to [CONTACT EMAIL] within 30 days of first accepting these Terms.
31. GOVERNING LAW AND VENUE
31.1 These Terms are governed by the laws of the State of [STATE], without regard to its conflict-of-laws rules. Subject to the arbitration provision, you agree to the exclusive jurisdiction and venue of the state and federal courts located in [STATE/COUNTY] for any matter not subject to arbitration.
32. NOTICES
32.1 We may provide notices to you through the App, by push notification, or by email. You may send legal notices to us at [CONTACT EMAIL] (and, if applicable, the mailing address we designate). Notices are deemed given when sent (for electronic notices) or when delivered (for physical notices).
33. CHANGES TO THE TERMS AND THE APP
33.1 We may modify these Terms at any time by posting the updated version in the App and updating the Effective Date. Changes are effective when posted. Your continued use of the App after changes constitutes acceptance. We may also change, suspend, or discontinue the App or any feature at any time without notice or liability.
34. TERMINATION; SURVIVAL
34.1 We may suspend or terminate your access to the App at any time, with or without cause or notice.
34.2 All provisions that by their nature should survive termination will survive, including the disclaimers, releases, limitations of liability, indemnification, time limit for claims, dispute resolution, and general provisions.
35. SEVERABILITY
35.1 If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
36. ENTIRE AGREEMENT; NO WAIVER; ASSIGNMENT; HEADINGS
36.1 These Terms and the Privacy Policy are the entire agreement between you and the Company regarding the App and supersede all prior agreements. Our failure to enforce any provision is not a waiver. You may not assign these Terms; we may assign them freely. Section headings are for convenience only and do not affect interpretation.
37. FORCE MAJEURE
37.1 We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, outages, network or hosting failures, or third-party actions.
38. CONTACT
38.1 Questions about these Terms may be sent to [CONTACT EMAIL].
39. ACKNOWLEDGMENT
39.1 BY TAPPING “I AGREE” OR BY ACCESSING OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, THAT YOU AGREE TO BE BOUND BY THEM, AND THAT YOU ARE KNOWINGLY AND VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, AND THE RIGHT TO A JURY TRIAL, TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTE (not part of the Terms): This document is a template provided for convenience and is not legal advice. Laws vary by state and change over time, and some provisions may be limited or unenforceable in certain jurisdictions. Have a licensed attorney in your state review and finalize this document before publishing. Fill in all bracketed placeholders.