Agreement between Black Will Travel and BlackWillTravel.com (hereinafter referred to as BWT) and Guest, regarding use of Website, Social Media, Personal Travel Services and Travel Arrangements. Updated 12/16/2021
DISPUTE RESOLUTION PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrarily of the controversy, dispute, demand, count, claim, or cause of action) between you and the Company and our employees, agents, successors, or assigns, regarding or relating to these the Site, Services or this Agreement, shall exclusively be settled through binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. You and BWT. must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR BWT. MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law. Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Prince William County, Virginia. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Prince William County, Virginia in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Prince William County, Virginia for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate. With the exception of sub-parts (1) and (2) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Agreement, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either sub-parts (1) and (2) in the paragraph above (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Prince William County, Virginia. Notwithstanding any provision in this Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in the Agreement, any such termination shall not be effective until 30 days after the version of the Agreement not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided the Company with written notice prior to the date of termination. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org. For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at http://www.jamsadr.com. Any and all controversies, disputes, demands, counts, claims, or causes of action between you and the Company and our employees, agents, successors, or assigns, regarding or relating to these the Site, Services or this Agreement, shall exclusively be governed by the internal laws of the State of Virginia, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act.
This Agreement constitutes the entire agreement between you and BWT regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to BWT. is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign this Agreement. The terms of this Agreement shall be binding upon assignees. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.
TERMS AND CONDITIONS OF BOOKING
The following Terms and Conditions apply to every booking, whether online utilizing the website or social media or via phone or email or both. By booking online via social media, via phone or email, you agree to be bound by the following terms and conditions and acknowledge having read and agreed to the terms and conditions below. BWT is acting as a mere agent for suppliers in selling travel-related services, or in accepting reservations or bookings for services that are not directly supplied by this travel agency (such as air and ground transportation, hotel accommodations, meals, tours, cruises, etc.). This agency, therefore, shall not be responsible for breach of contract of any intentional or careless actions or omissions on part of such suppliers, which result in any loss, damage, delay, or injury to you or your travel companions or group members. Unless the term “guaranteed” is specifically stated in writing on your tickets, invoice, or reservation itinerary, we do not guarantee any of such suppliers’ rates, bookings, reservations, connections, scheduling, or handling of personal effects. BWT shall not be responsible for any injuries, damages, or losses caused to any traveler in connection with terrorist activities, social or labor unrest, mechanical or construction failures or difficulties, diseases, local laws, climactic conditions, criminal acts or abnormal conditions or developments, or any other actions, omissions, or conditions outside the travel agent’s control. Traveler assumes complete and full responsibility for, and hereby releases the agent from any duty of, checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safely or security conditions at such destinations, during the length of the proposed travel. For information concerning possible dangers at international destinations, contact the Travel Advisory Section of the U.S. State Department (202) 6475225. For medical information, contact the Center for Disease Control at http://www.cdc.gov/travel/. By embarking upon his/her travel, the traveler voluntarily assumes all risks involved in such travel, whether expected or unexpected. Traveler is hereby warned of such risks, and is advised to obtain appropriate insurance coverage against them.
Traveler’s retention of tickets, reservations, or bookings after issuance shall constitute a consent to the above, and an agreement on his/her part to convey the contents hereto to his/her travel companions or group members.We may charge a fee for the service we provide when you use the website, social media, phone or email when you book or reserve travel services, or accommodations. We retain our fees as compensation in servicing your travel reservation. Our fees vary based on the amount and type of travel reservation. Any such service fee is non-refundable. In addition, you will be responsible for all other charges and fees arising out of your use of the services available from the website, social media, phone or email. We are not the vendor collecting and remitting tax to the applicable taxing authorities. All taxes are remitted directly to the vendors. We are not the owner of, nor a co-vendor with, any of the travel partners available on the Website.
We do not accept liability in contract or in tort (actionable wrong) for any injury, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by force or other events which are beyond our control, or which are not preventable by reasonable diligence on our part including, but not limited to war, civil disturbance, fire, floods, unusually severe weather, acts of God, acts of Government or of any other authorities, accidents to or failure of machinery or equipment or industrial action. We do not guarantee the accuracy of the ratings and make no guarantee about the availability of specific products and services that may be offered. We strongly recommend that prior to any booking each user do their own independent review of any hotel, resort, or activity offered on our Website. Travel to certain destinations may involve greater risk than others. We urge passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government (Travel.State.Gov) prior to booking travel to international destinations. Any problem or dispute arising out of the booking of travel or actual travel shall be reported to us immediately by calling our 571-306-0298 or emailing admin at BWT to contact us. In the event an amicable resolution cannot be obtained and legal action is initiated, the Jurisdiction shall be in Prince William County, Virginia. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings. We do not accept responsibility for any activity or procedure that may be necessary in order to enjoy the use of our services, this is including but not limited to procuring or having in possession any passport or valid identification for travel. That is the sole responsibility of the user.
WARRANTY DISCLAIMERS & LIMITATIONS OF LIABILITY
BWT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION, CONTENT, SOFTWARE, MATERIALS, OR SERVICES PROVIDED BY OR CONTAINED ON THE WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITE BY NO MEANS CONSTITUTES SPONSORSHIP OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES. WE HEREBY DISCLAIM
ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY WORKMANSHIP EFFORT, INFORMATIONAL CONTENT, TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.
ALL OF THE INFORMATION, CONTENT, SOFTWARE PRODUCTS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT THE WEBSITE, ITS SERVERS, ANY ELECTRONIC TRANSMISSIONS AND/OR ANY ELECTRONIC MAIL SENT FROM US OR FROM OUR AFFILIATES OR THIRD PARTY SUPPLIERS IS FREE OF VIRUSES, DEFECTS, OR OTHER HARMFUL COMPONENTS.
WE DISCLAIM ALL RESPONSIBILITY FOR ANY FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN TRANSMISSIONS OR INTERRUPTIONS IN THE RECEIPT OF TICKET ORDERS.
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. BWT DOES NOT GUARANTEE THE ACCURACY OF AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, AIR, CRUISE, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.) BWT IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF SUCH SUPPLIERS.
BWT, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, LICENSEES AND AGENTS, ARE NOT RESPONSIBLE FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OF ANY INFORMATION OR DESCRIPTION OF THE INFORMATION, PRODUCTS, SOFTWARE, OR SERVICES CONTAINED IN OR PROVIDED BY THE WEBSITE OR THIRD PARTY SUPPLIERS, INCLUDING BUT NOT LIMITED TO THE INFORMATION PROVIDED REGARDING HOTEL, AIR, CRUISE, CAR RENTAL, VOUCHERS AND OTHER TRAVEL PRODUCTS AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE.
MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, BWT EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE WEBSITE AND OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, YOU WILL HAVE THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION YOU MAY CANCEL YOUR RESERVATION WITHOUT PENALTY. THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE NOT AGENTS OR EMPLOYEES OF BWT , OR ITS AFFILIATES. WE ARE THEREFORE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
THE THIRD PARTY SUPPLIERS AND ANY OTHER CARRIER, HOTEL OR OTHER SUPPLIER OF TRAVEL OR OTHER SERVICES OFFERED ON THE WEBSITE ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OR EMPLOYEES OF BWT OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, LICENSEES OR AGENTS.
BWT IS NOT RESPONSIBLE FOR ANY THIRD PARTY SUPPLIER’S BREACH OF WARRANTY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR IS IT RESPONSIBLE FOR ANY OTHER WRONGDOING BY A THIRD PARTY SUPPLIER, INCLUDING ANY LIABILITY IN TORT, FOR ANY PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITE.
BWT SHALL HAVE NO LIABILITY AND WILL NOT BE REQUIRED TO MAKE ANY REFUNDS, FOR ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, ACTS OF GOD, OR ANY OTHER CAUSES, AND SHALL HAVE NO FURTHER RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES RELATING TO SAME.
NONREFUNDABLE PAYMENTS AND FEES
ALL MONIES AND FEES COLLECTED BY BWT WILL BE NONREFUNDABLE. BWT AND ANY OF IT’S AFFILIATES HAVE NO LIABILITY AND WILL NOT MAKE ANY REFUNDS IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
THIRD-PARTY OR AFFILIATE CONTENT
While BWT may link to third party websites and third party websites may link to the Website, BWT does not monitor or control the links and makes no representations or warranties, and is not liable for the accuracy of the information, content, products or services provided by the third party websites. Any concerns regarding the information, content, products or services provided by such websites should be directed to the particular website owner or service provider. The fact that a third party website has linked to BWT or that BWT has linked to a third party website by no means implies an endorsement, sponsorship, or recommendation by BWT of the third party or of the information, content, products or services of the third party. All of the ratings and reviews provided on the Website are proprietary to our methods of review, are intended only as general guidelines, and are not based on any independent agency reviews. In many cases the level of review is a “star” rating, whereby more stars indicate a higher rating. We do not guarantee the accuracy of such ratings and make no guarantee about the availability or quality of a particular product or service that may be offered. You are strongly urged to conduct an independent review of any hotel, resort or activity offered on the Website prior to booking a reservation. Travel to certain destinations may involve greater risk than others. We strongly urge you to review the travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel reservations to international destinations. We are not responsible for any activity or procedure that may be necessary in order to enjoy the use of the services offered on the Website, including but not limited to procuring or having possession of any passport or valid identification for travel.
IF, DESPITE THE LIMITATIONS ABOVE, BWT, ITS AFFILIATES OR THE THIRD PARTY SUPPLIERS, ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO ANY OF THE OCCURRENCES DESCRIBED ABOVE, YOU AGREE THAT THE LIABILITY OF BWT, ITS AFFILIATES AND/OR THE THIRD PARTY SUPPLIERS WILL IN NO EVENT EXCEED THE TOTAL CHARGE TO YOU FROM BWT IN CONNECTION WITH SUCH TRANSACTION.
You agree to defend and indemnify BWT, its affiliates, officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature (including but not limited to reasonable legal and accounting fees) brought on by third parties as a result of your breach of the terms and conditions of this Agreement, your use of the Website, or your violation of any law or the rights of a third party.
CREDIT CARD PAYMENT & SURCHARGES
In the event you make a payment by credit card and services are not provided by the third-party provider of services or products you hereby agree to NOT request a charge-back of associated fees/cost to BWT. You acknowledge that there maybe surcharges per your credit card usage agreement and you hereby DO NOT hold BWT liable for these fees required by your credit card service provider.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information, Passport Information or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, place an order, subscribe to a newsletter, fill out a form, Use Live Chat or enter information on our site.
Provide us with feedback on our products or services Mobile communications
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your customer service requests.
• To administer a contest, promotion, survey or other site feature.
• To quickly process your transactions.
• To ask for ratings and reviews of services or products
• To follow up with them after correspondence (live chat, email or phone inquiries)
How do we protect your information?
We do not use vulnerability scanning and/or scanning to PCI standards.
An external PCI compliant payment gateway handles all CC transactions.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use ‘cookies’?
• Help remember and process the items in the shopping cart.
• Understand and save user’s preferences for future visits.
• Keep track of advertisements.
• Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
If users disable cookies in their browser:
If you turn cookies off, Some of the features that make your site experience more efficient may not function properly.Some of the features that make your site experience more efficient and may not function properly.
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.
We have implemented the following:
• Google Display Network Impression Reporting
• Demographics and Interests Reporting
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Can change your personal information:
• By emailing us
• By calling us
• By logging in to your account
• By chatting with us or by sending us a support ticket
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It’s also important to note that we allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Do we let third-parties, including ad networks or plug-ins collect PII from children under 13?
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
We will notify you via phone call
• Within 7 business days
We will notify the users via in-site notification
• Within 7 business days
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
• Send information, respond to inquiries, and/or other requests or questions
• Process orders and to send information and updates pertaining to orders.
• Send you additional information related to your product and/or service
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
• Not use false or misleading subjects or email addresses.
• Identify the message as an advertisement in some reasonable way.
• Include the physical address of our business or site headquarters.
• Monitor third-party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us at
• Follow the instructions at the bottom of each email.
in @blackwilltravel.com and we will promptly remove you from ALL correspondence.
TRAVEL SERVICE DISCLOSURES :
BWT is a seller of travel.
California: CST 2009218-20 via main subcontractor registration agreement. Vendors and subcontractors of BWT are responsible for their own registrations per state laws.
Terms & Conditions above is for BlackWillTravel.com, Virginia, United States – 571.306.0298.
COURSES AND TRAININGS
Are done in partnership with or by Shondra Cheris LLC. All courses, trainings or coaching abide be the following terms.
This Terms and Conditions was last modified on April 22, 2021.
These Terms and Conditions are a legal agreement between You (” Client” or “your”) and Shondra Cheris LLC the administrator of The Entrepreneur Life Coach (the “Website” “Company” “us” “we” “our”). By using the Website, you agree that you have read, understood, accept, and agree to be bound by these terms. If you do not agree to these terms, do not access, or otherwise use the Website and its services.
Description of services
The Website provides business coaching, life coaching, online courses, online store, and digital agency (the “Services”).
You understand and agree that the coaching session will be a combination of group session and self-study of the online courses. Course duration will vary depending on desired outcome. However, you may upgrade to a 90-day period one-one-one session.
Schedule; fees; and credit card processing
The cost for the coaching session and additional services or products will vary.
Payment will either be made in full at the beginning of the period, or upon approval by us, on a weekly/monthly basis in equal instalments after a 60% deposit. Approval of a weekly/monthly payment does not convert the program to a week-to-week or month-to-month program. You understand and agree that the amount due and payable is the total duration amount for the program. If you elect to make weekly/monthly payments, you authorize us to charge the credit card provided on file for you each week/month. You also agree to provide a back-up credit card for payment in the event the payment does not process or declines. You acknowledge, understand, and agree that failure to authorize the automatic payments and/or if you dispute a credit card payment processed as set forth in this provision that such dispute shall be considered a breach of contract by the you.
The Website obtains the information you provide when you register on the Website by creating an account or during your session. When you register with us and use the Website, you generally provide:
(a) Your name, phone number, email address, and other registration information.
(b) Information you provide to us during your session or when you contact us for help/support.
We use your information to:
Create your account. Provide services that are relevant to you. Verify your identity for security purposes. For statistical or survey purposes to improve this website and its services to you. Ensure that you do not have to add information more than once. Send you email about our services and any update thereof.
You agree that you do not object to us contacting you whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under any personal data protection regulation.
In addition, the Website may collect certain information automatically, including, but not limited to, the type of device you use, your unique device ID, the IP address of your device, your device operating system, the type of Internet browsers you use, and information about the way you use the Website. If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the Website on your device.
By using the Website, you are consenting to our processing of your information. “Processing,” means using cookies on a computer/handheld device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining, and disclosing information.
By creating an account on this Website, you warrant that:
The Personal Information which you provide is true, complete, and accurate in all respects. We will be duly notified upon any changes to the Personal Information by contacting us by e-mail and/or updating your Personal Information under your Account; and You agree not to use a false name, a name that you are not authorized to use or to impersonate any other person or entity.
If you are an owner of an account on this Website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.
No Promises of Outcome
While we will strive to assist you with the highest and best level of services, you understand that with any program, we are unable to make promises or guarantees with respect to any outcome from participation in the program and therefore we do not guarantee success, or any specific level of income or results associated with the services provided. You further understand that ultimately you are responsible your success in business and that this program is designed to enhance, supplement, and support you in your efforts to start, grow, and sustain a profitable business.
Limitation of Services
a. You understand and agree that the services rendered on this Website are not specific financial advice, we cannot guarantee a financial success. You acknowledge that we are not a financial advisor, and that we shall not provide financial advising services that require any licensing on any state or federal level.
b. You also understand and agree that our services do not create an attorney relationship. You acknowledge that we are not your attorney, and that we shall not provide specific legal advice as required by any state and federal licensing.
c. You understand that the scope of services provided by us only includes the services particularly described in this Terms and Conditions.
d. You understand and agree that our services are not counseling services and are not a substitute for professional counseling by a licensed medical or healthcare provider, or other licensed professional. You understand we do not consist of any licensed psychotherapist or counselors.
e. You understand that the Website services does not involve the diagnosis or treatment of mental disorders or conditions as defined by the American Psychiatric Association. You understand that coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment. You agree not to use coaching in place of any form of diagnosis, treatment, or therapy.
f. In the event You are currently receiving therapy or otherwise under the care of a mental health professional, you acknowledge and warrant to have consulted with the mental health care provider regarding the advisability of our services and that the professional is aware of such decision to proceed with the Website’s Services.
g. You understand that the Website service is a Professional-Client relationship that is designed to facilitate the creation and development of personal, professional, or business goals and to develop and carry out a strategy/plan for achieving those goals.
h. You understand that the Website service is a comprehensive process that may involve all areas of your life; including but not limited to, work, finance, health, relationships, education, and recreation. You acknowledge that deciding how to handle these issues, incorporate coaching into those areas, and implement choices is exclusively your responsibility.
i. The limitations listed in this section are not meant to be a comprehensive list of all limitations and that in addition to the limitations set forth above that the only services to be provided are those set forth in Description of Services.
Confidentiality and Proprietary Information.
a. During the term of your coaching session and thereafter, you should not use or disclose any of the Website’s confidential information or program message. You recognize the confidential information is proprietary exclusive to the Website. As used in this Terms and Conditions the term Confidential Information shall mean all technical, operational, and economic information relating to the services, online courses and training performed or our business, employees, contractors, subsidiary and/or affiliates, that is designated or treated as confidential by us, including, without limitation, all technical, or non-technical data provided to you, or manuals, programs, and methods of the Website and all content posted on the Website.
b. You acknowledge that the program materials were created solely by us and shall remain our sole property. You understand and agree that access to the online courses is limited to you and you shall not grant access, use, or provide your login information to any third-party. You agree not to re-purpose or distribute any materials provided through the course of the program to any third-party. You understand and agree that violation of this provision shall be a breach of this Terms and Conditions and that you shall immediately lose access to all of Website’s services provided by the program if this provision is breached. You understand that breach of this provision and resulting removal from the program does not remove your obligation to pay for the entire duration (Term) of your coaching program. You understand, acknowledge, and agree, that any remedies set forth in this section shall not limit any other remedies available to us through law or equity.
c. You should be aware that it is impossible to protect electronically transmitted confidential information i.e., electronic mail and other information sent, received and/or stored on computers, connected to the internet, by cordless or mobile telephones and similar telecommunication and computer equipment. Therefore, it is agreed between you and the Coach that unless you utilize encryption and other forms of security protection, you waive any action legal or otherwise against the Coach and the Website and hold the Coach and Website harmless for any interception of your information resulting from the use of the above-mentioned equipment.
d. You understand that certain topics may be anonymously and hypothetically used for training or consultation purposes, you agree to maintain the confidentiality of all such information undisclosed.
Any failure or delay of the Website to exercise any right, power, or remedy under this Terms and Conditions shall not be deemed to be a waiver of its right, power, or remedy, and any single or personal exercise of any such right, power, or remedies on that provision for the exercise thereof; every right, power, or remedy of a Website should continue in full force and effect until such right, power, remedy is deemed specifically executed by the Website.
No Third-party Beneficiary
This Terms and Conditions are not intended to and shall not be construed to give any third-party any interest or right (including, without limitation, any third-party beneficiary rights). With respect to their connection with any agreement or provision contained herein or contemplated alike.
You have been advised that you may and you are encouraged to seek legal counsel regarding the legal and binding obligations of this Terms and Conditions. The Terms and Conditions shall be binding. No assignment or agreement, in whole or in part, and no other person shall have or be construed to have any legal or equitable right, remedy, or claim under or in respect of or by virtue of this Terms and Condition or any provisions herein without the express written consent of the Website.
Severability and Survival
If any part of this Terms and Conditions be held invalid or unenforceable by a court of
competent jurisdiction, then such unenforceable provision shall be deemed modified so as to be enforceable or eliminated if not subject to modification. The remaining provisions of this Terms and Conditions shall nevertheless be binding upon the parties with the same effect as though the invalid or unenforceable part had been severed and deleted. The respective rights and obligations of the parties hereunder shall survive the termination of the Terms and Conditions to the extent necessary to the intended preservation of such rights and obligations.
Modification to Service
The services that the Website provides are always evolving and the form and nature of the services that the Website provides may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing any and all third-party services utilized in any manner whatsoever with the Website (collectively the “Services” or any features within the Services) to the benefit of you or to users generally and may not be able to provide you with prior notice.
You agree that you will not:
Use the Services in any manner that could damage, disable, overburden, or impair the functioning of the Services in any manner. Compromise the security of the Services. Use any automated means or interface not provided by the Website/Developer to access the Services or to extract data. Reverse engineer any aspect of the Services. Attempt to access features of the Services that you are not authorized to access. Develop any third-party Website(s) that interacts with Content or the Services without the Developer’s prior written consent; and Use the Services for any illegal or unauthorized purpose.
Unauthorized use of this Website in such way that affects the Website negatively will give rise to a claim in damages and/or be a criminal offence against such user.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
All section headings contained herein are included for convenience only.
Any rights not expressly granted herein are reserved.
If you have questions regarding our Terms and Conditions, please contact us.
Shondra Cheris LLC email@example.com
INTELLECTUAL PROPERTY OWNERSHIP / LEGAL DISCLAIMER
These provisions constitute a legal agreement between you (“Client” or “your”) and Shondra Cheris LLC the administrator of The Entrepreneur Life Coach (“the Company” “us” “we” “our”). By purchasing our digital products or participating in our online classes, you agree that you have read, understood, accept, and agree to be bound by these terms. If you do not agree to these terms, do not access or purchase our digital products and other materials. If you do not agree to these terms, do not access or participate in our online classes.
1. REFUND POLICY
Courses or materials (digital products) purchased, downloaded, licensed, or accessed cannot be returned and as such, all purchases and payments are final. Thus, the only way customers may deal with any such issue in this regard is a cancellation of subscription and in this regard, customers are not entitled to a refund for unused services.
2. REPAIR OF DIGITAL PRODUCT
Digital products downloaded, licensed, or accessed may however be repaired, for example, by software patch to fix a bug. Where reasonable necessary, the company shall make available a repaired version of a digital product. It is agreed, in this regard, that the company shall require at least 21 days after such fault is brought to its notice to ensure the repair.
3. GENERAL DISCLAIMER
All information provided in the digital products made available is for general informational purposes only. All such information is provided only in good faith and reasonable efforts have been made to ensure their veracity. However, we make no guarantee, representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information contained in any such digital product.
4. PROFESSIONAL ADVICE DISCLAIMER
You agree that information shared in the digital products and online course forum does not constitute any professional advice whatsoever.
5. LINKS TO AFFILIATE WEBSITES
Digital products, marketing materials and online courses forum may contain links to other websites or content belonging to or originating from third parties or links to websites and other marketing materials. Such external links are not investigated, monitored or checked for accuracy, adequacy, validity, reliability, availability or completeness by us.
6. RESTRICTION OF USE
You agree that you can only use our digital products and materials in a restricted manner and strictly only for the use it is intended for. You may not commercialize this product without the prior written permission of the company. You are also restricted from passing off any of our digital product as yours. You do not have the right to remove the water mark impressed on any such digital product.
7. CHOICE OF LAW
All issues, questions concerning the construction, validity, enforcement and interpretation of any of the provisions herein shall be governed by and construed in accordance with the laws of the State of Virginia, with or without giving effect to any choice of law or conflict or law rules or provisions (whether of the State of Virginia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Virginia.
8. INTELLECTUAL PROPERTY OWNERSHIP
You agree that the copyright and all other accompanying intellectual property rights contained in the digital products and all such other materials created by the company is for all purposes and intents owned by the company and that no such ownership would be transferred to you or leased to you under any circumstances.
9. DISCLAIMER ON RESULTS TO BE EXPECTED
You agree that past performance may not be indicative of future results. You agree that results of the services, courses and digital products so offered would be dependent on varying factors and there can be no assurance of any kind in this regard.
10. THE DETERMINATION OF PURCHASE PRICE
The price of any digital product, course, or material to be so sold at a price fixed by the company and at the company’s sole discretion.
No third party has a right to any portion of the purchase price at any point whatsoever.
11. INDEMNIFICATION CLAUSE
You agree to indemnify and hold the company harmless against all liabilities, costs and expenses, including counsel fees, for anything done or omitted to be done in the execution of a purchase agreement, with respect to a digital product, online course or any marketing material, except as a result of the company’s gross negligence, willful misconduct or bad faith.
12. SAFE HARBOUR PROVISIONS
The provisions contained herein may include predictions, estimates or other information that may be considered forward-looking. While these forward-looking statements represent our current judgment on what the future holds, they are subject to risks and uncertainties that could cause actual results to differ materially. You are cautioned not to place undue reliance on these forward-looking statements, which reflect our opinions only as of the date of this presentation. Please keep in mind that we are not obligating ourselves to revise or publicly release the results of any revision to these forward-looking statements in light of new information or future events.
Any rights not expressly granted herein are reserved.
MARKETING AND MEDIA RELEASE FORM
Client, herein authorize SHONDRA CHERIS LLC to use, edit, copy, exhibit, distribute and use any requested or obtained text, written communication, audio, video or videos of me for any lawful purpose.
The authorization I provide herein extends to all languages, formats and media that have been discovered now or will later be discovered.
The term of this authorization is indefinite and will be active unless SHONDRA CHERIS LLC revokes it in writing.
I hereby waive all and any rights to royalties or any other compensation in any form, when it comes to the use of my likeness or voice in relation to the services or offerings of SHONDRA CHERIS LLC.
I consent that the marketing or course materials created will be the sole property of SHONDRA CHERIS LLC.
I release SHONDRA CHERIS LLC from any liability, petitions and causes of actions caused by me or by my heirs, executives or any other party and will hold SHONDRA CHERIS LLC harmless.