Terms of service

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY, AS IT CONSTITUTES A BINDING LEGAL AGREEMENT.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 13 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH BLACKLAND, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

The following terms of use and any other rules posted on our Website (collectively the “Terms”) constitute an agreement between Blackland Razors, LLC, a California limited liability company (“Blackland”, “Company” “we”, or “us”) and you, the visitor, governing your access and use (the “Services”) of all content and functionalities available at the Blackland website, and any related access sites, located at URL www.blacklandrazors.com, related domain names, and any other website of Blackland (collectively, the “Website”).

By visiting the Website, you are accepting and consenting to the practices described in the Terms. We may modify the Terms from time to time, at our sole discretion and without prior notice, and your continued use of this Website (or any of our other sites) following such change shall signify your agreement to be bound by the modified Terms. Any changes to the Terms will be in effect as of the "last updated date" referenced on the Website. You should review these Terms before purchasing any product or services that are available through this Website. Your continued use of this site after the "last updated date" will constitute your acceptance of and agreement to such changes. Please regularly check the Website to view the then-current Terms.

If you do not agree to be bound by these Terms, you may not access or use this Website or the Services. The Website, the Services, and the information and content available (collectively, the “Blackland Properties”) are protected by copyright laws throughout the world. Subject to the Terms, Blackland grants you a limited license to reproduce portions of Blackland Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Blackland in a separate license, your right to use any Blackland Properties is subject to the Terms.

Our Website is hosted by Shopify, Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you. By using our Service, you will be subject to and should also review any Shopify, Inc. terms of use and related policies.

Registration

1. Registering Your Account. To access certain features of Blackland Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered an account on the Website (“Account”).

2. Registration Data. In registering an account on the Website, you agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using Blackland Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Blackland Properties by minors. If you provide any information that is untrue, inaccurate, not current or incomplete, or Blackland has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Blackland has the right to suspend or terminate your Account and refuse any and all current or future use of Blackland Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use Blackland Properties if you have been previously removed by Blackland, or if you have been previously banned from any of Blackland Properties.

3. Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Blackland.

4. Equipment and Software. You must provide all equipment and software necessary to connect to Blackland Properties, including but not limited to, a mobile device that is suitable to connect with and use Blackland Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Blackland Properties. By providing your cellphone number and using the Services, you hereby affirmatively consent to our use of your cellphone number for calls and texts in order to perform and improve upon the Services. Blackland will not assess and charge for any calls or texts, but standard message charges or other charged from your wireless carrier may apply. You may opt-out of receiving text messages from us by emailing support@blacklandrazors.com.

Use of the Services and Blackland Properties

1. Updates. Blackland Properties are evolving. As a result, Blackland may require you to accept updates to Blackland Properties that you have installed on your computer or mobile device. You acknowledge and agree that Blackland may update Blackland Properties with or without notifying you. You may need to update third-party software from time to time in order to use Blackland Properties.

2. Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, resell, upload, use, copy, rent, lease, lend, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Blackland Properties or any portion of Blackland Properties, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Blackland Properties (including images, text, page layout or form) of Blackland, or use the Blackland Properties in any way that might confuse, misdirect, or misrepresent its source, or sponsorship or affiliation thereof or therewith; (c) you shall not use any metatags or other “hidden text” using Blackland’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Blackland Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to access, monitory, copy or use the Blackland Properties, interfere with product inventory or availability, or place or take preparatory steps to place orders for products, goods or services, or “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Blackland Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Blackland Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not take any action that imposes any unreasonable or disproportionately large load on the Blackland Properties; (i) you shall not take any action in connection with your use of the Blackland Properties which violates any applicable local, state, national or international law, rule, regulation or order of any court in conjunction with your use thereof; (j) you shall not otherwise use the Blackland Properties for any unlawful or abusive purposes, including, but not limited to, the violation of any intellectual property rights (whether belonging to Blackland or third parties) and the posting or distribution of any “harmful” or “malicious” code or programming devices (e.g., viruses, malware, ransomware, corrupted files, key locks, back doors, trap doors, timers or other disabling devices) or any other similar software or programs that may adversely affect the operation of the Services or any other software, hardware, network or other technology (collectively, “Malicious Code”); and (k) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Blackland Properties. Any future release, update, or other addition to Blackland Properties shall be subject to the Terms of Use. Blackland, its suppliers, and service providers reserve all rights not granted in the Terms of Use. Any unauthorized use of Blackland Properties terminates the licenses granted by Blackland according to the Terms.

3. Third-Party Materials. As a part of the Website, you may have access to materials that are hosted by a third party. You agree that it is impossible for Blackland to monitor such materials and that you access these materials at your own risk.

4. Blackland Communications. By entering into these Terms or using the Blackland Properties, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts may be generated by automatic telephone dialing systems. Communications from us may include but are not limited to: operational communications concerning your Account or the use of the Blackland Properties and updates concerning new and existing features on the Blackland Properties. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. WE WILL NOT SEND YOU PROMOTIONAL TEXTS TO YOU UNLESS YOU SEPARATELY PROVIDE US WITH OPT-IN CONSENT. ONCE YOU PROVIDE US WITH OPT-IN CONSENT, IF YOU WISH TO OPT-OUT OF PROMOTIONAL TEXTS, YOU MAY TEXT “STOP” TO THE SHORT CODE OR TELEPHONE NUMBER FROM WHICH YOU RECEIVED SUCH PROMOTIONAL TEXTS, USING THE SAME MOBILE DEVICE THAT IS USED TO RECEIVE THE MESSAGES. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE BLACKLAND PROPERTIES OR RELATED SERVICES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE BLACKLAND PROPERTIES OR RELATED SERVICES.

Fees and Purchase Terms

1. General Purpose. The purpose of the Terms is for you to secure access to the Services, including placing orders for goods through the Website. All fees set forth within and paid by you under these Terms shall be considered solely in furtherance of this purpose.

2. Order Acceptance and Cancellation. By placing an order through our Website, you agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

3. Prices. All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

4. Payment Terms. Terms of payment are within our sole discretion and payment must be received by us or our designated third-party payment provider (“Payment Provider”) on our behalf before we accept an order. We accept most major credit cards. You represent and warrant that (i) the credit card information you supply to us (or our designated Payment Provider) is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order. By providing to us, or our Payment Provider on behalf of us, with your credit card number and associated payment information, you agree that Blackland is authorized to immediately invoice your Account for all charges due and payable to Blackland hereunder and that no additional notice or consent is required.

5. Discounts and Promo Codes. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Only Promo Codes sent to you through official Blackland communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and lawfully; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used according to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire before your use.

6. Orders. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

7. Products or Services. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to our return, exchange, and refund policies. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.

8. Shipments; Delivery; Title and Risk of Loss. Unless otherwise agreed to by Blackland, all items will be shipped by Blackland, or its designated representative, in Blackland’s standard packaging using a delivery service specified by Blackland. Blackland will use commercially reasonable efforts to meet any shipment schedules set forth under the respective order. However, any shipment date or forecast provided by Blackland is only an estimate of the time required to make shipment. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

9. Returns and Refunds. Except for any products designated on the Website as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 14 days of delivery with valid proof of purchase and provided such products are returned in their original condition. To return products, you must call email our Returns Department at support@blacklandrazors.com to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number. You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a 7% restocking fee. Refunds are processed within approximately 10 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE. We will accept returns of a defective product at no additional shipping or restocking fees to you.

10. Taxes. Blackland’s fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Blackland, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Blackland for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Blackland is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

11. Disputed Charges. You must notify us in writing within seven (7) days after receiving your credit card statement if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: support@blacklandazors.com.

12. Third-Party Payment Providers. Blackland utilizes an array of third-party payment providers for card acceptance, merchant settlement, and related services, including, but not limited to, Apple Pay, Stripe, and PayPal (“Third Party Payment Providers”). By buying the Blackland product or merchandise through the Website, you agree to be bound by the Terms of Use and Privacy Policies of any Third-Party Payment Provider utilized in the transaction, and you hereby consent and authorize the Blackland and Shopify to share any information and payment instructions you provide with Third-Party Payment Provider(s) to the minimum extent required to complete your transactions.

Ownership and Intellectual Property

1. Blackland Properties. Except concerning any content you may post and any content another user may post, you agree that Blackland and its suppliers own all rights, title and interest in Blackland Properties (including but not limited to, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Blackland game client, and Blackland game clients and server software). You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Website, the Services, or Blackland Properties.

2. Trademarks. Trademarks and other related graphics, logos, service marks, and trade names used on or in connection with Blackland Properties or in connection with the Services are the trademarks of Blackland and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks, and trade names that may appear on or in Blackland Properties are the property of their respective owners.

3. Other Content. Except concerning any content that you may post, you agree that you have no right or title in or to any Content that appears on or in Blackland Properties.

4. License to Your Content. Subject to any applicable account settings that you select, you grant Blackland a fully-paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, any content you may post (in whole or in part) for the purposes of operating and providing Blackland Properties to you and our other users. Please remember that other users may search for, see, use, modify and reproduce any of the content you may post that you submit to any “public” area of Blackland Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in any content you may post, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Blackland, are responsible for all of the content you may post on or in Blackland Properties.

5. Username. Notwithstanding anything contained herein to the contrary, by submitting any of your content to any forums, comments, or any other area on Blackland Properties, you hereby expressly permit Blackland to identify you by your username (which may be a pseudonym), if applicable, as the contributor of your content in any publication in any form, media or technology now known or later developed in connection with your content.

6. Feedback. You agree that submission of any ideas, suggestions, reviews, documents, and/or proposals to Blackland through its review, suggestion, feedback, forum, or similar pages ("Feedback”) is at your own risk and that Blackland has no obligations (including without limitation obligations of confidentiality) concerning such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Blackland a fully-paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Blackland Properties.

7. Monitoring Activity. Blackland may, but is not obligated to, monitor or review Blackland Properties and content at any time. Without limiting the foregoing, Blackland shall have the right, in its sole discretion, to remove any of the content you may post for any reason (or no reason), including if such content violates the Terms of Use or any applicable law. Although Blackland does not generally monitor user activity occurring in connection with Blackland Properties or content, if Blackland becomes aware of any possible violations by you of any provision of the Terms, Blackland reserves the right to investigate such violations, and Blackland may, at its sole discretion, immediately terminate your license to use Blackland Properties, or change, alter or remove any content you may post, in whole or in part, without prior notice to you.

8. Third-Party Services. Blackland Properties may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application, or Third-Party Ad, we will not warn you that you have left Blackland Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Ads are not under the control of Blackland. Blackland is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. Blackland provides these Third-Party Websites, Third-Party Applications, and Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Indemnification

You agree to indemnify and hold Blackland, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, the “Blackland Parties”) harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) any content you may post; (b) your use of, or inability to use, Blackland Properties; (c) your violation of these Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Blackland reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Blackland in asserting any available defenses. This provision does not require you to indemnify any of the Blackland Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to Blackland Properties.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF BLACKLAND PROPERTIES IS AT YOUR SOLE RISK, AND BLACKLAND PROPERTIES, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. BLACKLAND PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE. This Section does not affect in any way our return policy or limited warranty for goods purchased on the Website.

BLACKLAND PARTIES MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (1) BLACKLAND PROPERTIES, PRODUCTS, OR SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF BLACKLAND PROPERTIES, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF BLACKLAND PROPERTIES WILL BE ACCURATE OR RELIABLE.

ANY CONTENT ACCESSED THROUGH BLACKLAND PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS BLACKLAND PROPERTIES OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. BLACKLAND MAKES NO WARRANTY, REPRESENTATION, OR CONDITION CONCERNING THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION, AND OTHER CHARACTERISTICS OF SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BLACKLAND OR THROUGH BLACKLAND PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

1. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT BLACKLAND PARTIES ARE NOT LIABLE, AND YOU AGREE YOU WILL NOT HOLD BLACKLAND PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

2. No Liability for the Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF BLACKLAND PROPERTIES. YOU UNDERSTAND THAT BLACKLAND DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF BLACKLAND PROPERTIES.

Limitations on Liability

1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL BLACKLAND PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH BLACKLAND PROPERTIES, PRODUCTS OR SERVICES, THE WEBSITE, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT BLACKLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF BLACKLAND PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE BLACKLAND PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH BLACKLAND PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON BLACKLAND PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO BLACKLAND PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A BLACKLAND PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A BLACKLAND PARTY’S GROSS NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A BLACKLAND PARTY’S INTENTIONAL FRAUD OR INTENTIONALLY FRAUDULENT MISREPRESENTATION. BLACKLAND DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR BLACKLAND’S GROSS NEGLIGENCE OR INTENTIONALLY TORTIOUS CONDUCT, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY AMERICAN OR EU LAW.

2. Cap on Liability. UNDER NO CIRCUMSTANCES WILL BLACKLAND PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO BLACKLAND BY YOU DURING THE ONE MONTH BEFORE THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES; OR (C) ONE HUNDRED DOLLARS ($100). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A BLACKLAND PARTY FOR ANY INJURY CAUSED BY A BLACKLAND PARTY’S GROSS NEGLIGENCE OR INTENTIONALLY TORTIOUS CONDUCT.

3. Your Content. EXCEPT FOR BLACKLAND’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS OUTLINED IN THE BLACKLAND’S PRIVACY POLICY, BLACKLAND ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

4. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BLACKLAND AND YOU.

Remedies

If Blackland becomes aware of any possible violations by you of these Terms, Blackland reserves the right to investigate such violations. If, as a result of the investigation, Blackland believes that criminal activity has occurred, Blackland reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Blackland is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Blackland Properties, including any content you may post, in Blackland’s possession in connection with your use of Blackland Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce these Terms, (3) respond to any claims that the content you may post violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of Blackland, its Users or the public, and all enforcement or other government officials, as Blackland in its sole discretion believes to be necessary or appropriate.

Term and Termination

1. Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Blackland Properties unless terminated earlier under the Terms.

2. Termination of Services by Blackland. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of these Terms, or if Blackland is required to do so by law (e.g., where the provision of the Website or the Services is, or becomes, unlawful), Blackland has the right to, immediately and without notice, suspend or terminate any Services provided to you. Blackland reserves the right to refuse service and/or prohibit or terminate access to the Blackland Properties, in whole or in part, for any or no reason, at any time in its sole discretion, with or without notice to you. Further, your breach of these Terms may jeopardize your continued use of the Blackland Properties and may result in the cancellation of your orders, among other consequences. You agree that all terminations for cause shall be made in Blackland’s sole discretion and that Blackland shall not be liable to you or any third party for any termination of your Account.

3. Termination of Services by You. If you want to terminate the Services provided by Blackland, you may do so by (a) notifying Blackland at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Blackland at support@blacklandazors.com.

4. Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files, and content associated with or inside your Account (or any part thereof), including the content you may post. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of any content you may post associated therewith from our live databases. Blackland will not have any liability whatsoever to you for any suspension or termination, including for deletion of the content you may post. All provisions of the Terms which by their nature should survive shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

International Users

Blackland Properties can be accessed from countries around the world and may contain references to Services and content that are not available in your country. These references do not imply that Blackland intends to announce such Services or content in your country. Blackland Properties are controlled and offered by Blackland from its facilities in the United States of America. Blackland makes no representations that Blackland Properties are appropriate or available for use in other locations. Those who access or use Blackland Properties from other countries do so of their own volition and are responsible for compliance with local law.

Dispute Resolution and ADR

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Blackland and limits how you can seek relief.

1. Applicability of Arbitration Agreement. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO USE OF THE WEBSITE OR YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

YOU AND BLACKLAND ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of these Terms or any prior version of these Terms.

2. Arbitration Rules and Forum. The arbitration will be administered by the American Arbitration Association ("AAA") following the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

3. Fees. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

4. Small Claims. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

5. Individual Claims. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BLACKLANDWILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction

6. 30-Day Right to Opt-Out. You have the right to opt-out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt-out to support@blacklandrazors.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Blackland username (if any), the email address you used to set up your Blackland account (if you have one), and an unequivocal statement that you want to opt-out of this Arbitration Agreement. If you opt-out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement does not affect any other arbitration agreements that you may currently have, or may enter in the future, with us.

7. Severability. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

8. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Blackland.

General Provisions

1. Electronic Communications. The communications between you and Blackland are generally via electronic means, whether you visit Blackland Properties or send Blackland e-mails, or whether Blackland posts notices on Blackland Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Blackland in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Blackland provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

2. Release. You hereby release Blackland Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Blackland Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of these Terms or your use of Blackland Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights, and actions of any kind, including personal injuries, death, or property damage for any unconscionable commercial practice by a Blackland Party or for such party’s intentional fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.

3. Assignment. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Blackland’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

4. Force Majeure. Blackland shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. If a Force Majeure event occurs that affects Blackland’s performance of its obligations under these Terms: (a) Blackland will contact you as soon as reasonably possible to notify you; and (b) Blackland’s obligations under these Terms will be suspended and the time for Blackland’s performance of its obligations will be extended for the duration of the Force Majeure event. You may cancel the Services affected by a Force Majeure event that has continued for more than 30 days. To cancel please contact Blackland.

5. Questions, Complaints, Claims. If you have any questions, complaints, or claims concerning Blackland Properties, please contact us at support@blacklandrazors.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

6. Exclusive Venue. To the extent the parties are permitted under these Terms to initiate litigation in a court of law, both you and Blackland agree that all claims and disputes arising out of or relating to these Terms will be litigated exclusively in the state or federal courts located in San Diego County, California.

7. Governing Law and Jurisdiction. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.

8. Choice of Language. It is the express wish of the parties that the Terms and all related documents have been drawn up in English. These Terms, and any contract between us, are only in the English language.

9. Notice. Where Blackland requires that you provide an e-mail address, you are responsible for providing Blackland with your most current e-mail address. If the last e-mail address you provided to Blackland is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Blackland’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Blackland at support@blacklandrazors.com where email notice is allowed. Such notice shall be deemed given when received by Blackland by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

10. Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

11. Severability. If any portion of these Terms is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

12. Exports. You may not use, export, import, or transfer Blackland Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Blackland Properties, and any other applicable laws. In particular, but without limitation, Blackland Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Blackland Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Blackland Properties for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons. You acknowledge and agree that products, services, or technology provided by Blackland are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Blackland products, services, or technology, either directly or indirectly, to any country in violation of such laws and regulations.

13. Consumer Complaints. Per California Civil Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

14. Entire Terms. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.