BlackXchange.net, referred to as "BlackXchange.net" at its sole discretion, may choose to change the terms, conditions and operation of this Web site at anytime. By using this service the user waives any rights or claims it may have against BlackXchange.net.

The content available through the Site is the sole property of BlackXchange.net or its licensors and is protected by copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, BlackXchange.net -owned content received through the Site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. Content owned by BlackXchange.net licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Site to anyone, including but not limited to others in the same company or organization without BlackXchange.net's express prior written consent.

WITHOUT LIMITING THE FOREGOING, BlackXchange.net SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THIS AGREEMENT OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.

YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS ADVERTISE THEIR PRODUCTS AND SERVICES ON THE BlackXchange.net WEB SITE. BlackXchange.net FORMS PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS BlackXchange.net MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL BlackXchange.net BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST BlackXchange.net WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Banner Terms

Correct Banners size must be provided for specific banner location. If any corrections are needed, you will be subject to an additional fee. All flashed-based banners must include the direct hyperlink.
 
All banners will be displayed in their allocated position for their paid period. Banners are sold on a first-come, first-served basis. If at any time the page that your banner has been placed on becomes inactive, then we will provide you with a refund for the time not used; or we will reset your time and place your banner in a new location. There will be times when the page name of your banner location will change, but the page function will not. If this occurs, you will be charged for your banner as normal.
We will try to notify you of any changes that occur. When your time expires, you will be deleted from our system unless you notify us and have paid for continual activation. We will try to contact you 10 days prior to deactivation. However if your banner does become deactivated, then you will need to provide us with your banner file upon renewal.

We are constantly updating our site and there will be possible downtimes. We suggest that you keep a copy of your banner file. We will not be held responsible for any losses that occur during these periods. If at anytime the hyper-link from your banner goes to a non-active website, then your banner will be deactivated until we are notified.  Changes can be made at that time.
We do not allow any banner placement that is racially discriminatory or sexually suggestive: nudity, explicit language, etc. We reserve the right to change the format, content, or substance of your banner. All banners will be reviewed for their content, and are subject to approval.

 Under no circumstances, including negligence, shall BlackXchange.net, its officers, agents or anyone else involved in creating, producing or distributing our website's service, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or inability to use, BlackXchange.net service. Results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to "acts of God," communication failure, theft, destruction or unauthorized access to BlackXchange.net  programs or services will not be our responsibility

Notwithstanding the above, Member's exclusive remedies for all damages, losses and causes of actions, whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which member paid during the term of this Agreement and any reasonable attorney's fee and court costs.

BANNER AD COMMISSION POLICY

The Banner Bank. Refer someone who purchases a banner advertisement on BlackXchange.net and receive a percentage of the ad price. Percentage of every banner sale Account will be credited 30 days after payment. Commission will be paid out on the last day of the month Each member will be able to get a residual income for as long as they are an active member of BlackXchange.net and the banner remains active. Members can have unlimited referrals Members can refer themselves BlackXchange.net reserves the right to modify or change this program or its terms at any time BlackXchange.net reserves the right to reserve funds for any reason TERMS Members must be 18 years or older Must be an active member Referral fee will only be credited to one member per ad. Credits are subject to verification Banner referrals are not transferable Credits are not transferable All relevant taxes will apply to credits paid in cash. It is the exclusive responsibility of the member to determine the tax implications of the Banner Bank to them. Promotion BlackXchange.net has created a Banner Banking system that benefits everyone. Use the Banner Bank to create revenue just by referring other businesses that place a banner ad on BlackXchange.net. Banner ads are beneficial to businesses because they are a low cost way to increase exposure and thereby increase business. By referring anyone to place a banner ad on BlackXchange.net, you can receive a percentage of the ad cost from BlackXchange.net. This is a great way to create residual income with no cost to you or your business. For example, you sign up as a member of BlackXchange.net for free, then refer another business who places a banner ad. Now, not only to you have a free networking opportunity, but you will actually be paid by BlackXchange.net as a show of appreciation for the referral. Finally, the member can earn a commission on any business that they refer to BlackXchange.net that purchases an advertisement space. Advertisers on BlackXchange.net have the opportunity to expand their company's exposure, build awareness, and drive traffic to the company website. Paid advertisements allow a business to extend the integrated marketing approach to more than 40,000 visitors each month through customized banner placement. The banner can be customized by size and price as well as the appearance of the message itself. Now you can become a sales rep for yourself. By referring another business to BlackXchange.net, who places an ad, you will help BlackXchange.net to continue in its mission to help the community to network and work together. At the same time, you are helping yourself, as you will continue to be credited a percentage for the entire life of the ad. REFERRAL SYSTEM For any business that you refer, you will receive 30 percent of the amount paid to BlackXchange.net. This amount will be credited to your Banner Bank Account 30 days after payment is received. The Banner Bank Account can be cashed out at any time and payment will be made at the end of the following month. If you refer a member to BlackXchange.net, and that member refers a company that places a banner ad, you will be eligible to receive 5% of the amount paid to BlackXchange.net, and the member you referred will still receive the 30% credit . Up to 3 members can receive a credit on any ad placed. The person who directly refers the company will receive 30%, the member who referred the direct referrer will be eligible to receive 5% and the member who referred that person will also be eligible to receive 5%. Level 1- Member referral Level 2- Executive referred Level 3- Premier referred Level 1 member can only receive a commission on direct referrals of banner ads. Level 2 member can receive a direct commission and a commission on any referral made by anyone you directly referred. Level 3 member can receive a direct commission on direct referrals, a commission on any referral made by anyone you directly referred and a commission on any referral made by anyone directly referred by someone who you directly refer.

Banner Ad Delivery

Banners order within the banner refer program billing begins once credit card is approved. You have instant access to your account. Orders placed outside of the banner refer program, billing begins once ad is placed online.

Banner Ad Refund policy

All banner sales are final. You may cancel at anytime but there are no credits for time unused. If there is a error with your banner location, you must notify us within 48 hours. we will replace your locaion and begin the billing period from when the ad was relocated. If you do not notify us within 48 hours your banner will still be relocation but the billing will not be changed. We reserve the right to refuse anyone.

BlackXchange.net™ privacy policy

BlackXchange.net respects the privacy of our users. We have created this privacy policy to inform you of how BlackXchange.net collects and uses information when you join our service. This policy addresses how BlackXchange.net uses your personal information., Profiles

We do not share, rent or sell your personally identifiable information to third parties. We do contract with partner companies to perform functions for BlackXchange.net such as providing operational support for the service, fulfilling orders, analyzing data, providing marketing assistance, processing credit card payments and providing customer service. Some of these partner companies may have access to your personal information as needed to perform their functions but they are not permitted to use your information for any other purpose.

Cookies
Cookies are small text files placed on your computer through your browser when you visit a web site. They are commonly used throughout the web to enhance your online experience. You can disable your cookies through your browser but doing so may result in a less than optimal user experience. BlackXchange.net uses cookies for a variety of reasons. We may use them to authenticate you into the service, to understand traffic patterns, and to help us create a more personalized experience for you when you return to our site. Advertisers on our site may also use cookies to track the effectiveness of their advertisements.

Kids
BlackXchange.net is designed for adults who are 18 and over. This service is not recommended for children under the age of 18.

Legal
BlackXchange.net will release personal information about your account in response to valid legal process such as a court order or a subpoena or in special cases such as a threat to you or others.

Security
BlackXchange.net uses encryption and other security procedures to help securely maintain any personal information that you provide to us. We also require our partners to establish procedures to provide for the security of information about BlackXchange.net users. While we make every effort to keep this information secure, we cannot guarantee that the security measures we take will prevent third parties from illegally obtaining your information.

Each account will receive up to ½ hour time slot per month to review or make changes to their account. Appointments are scheduled between 7 am – 6 pm PST. If the member is not available during their appointed ½ hour time slot they can reschedule. After the second rescheduled time slot then the member will have to make the review or updates the following month.

The allowed time must be used at once and can not be split between time slots. If the member uses less than a ½ hour of time for reviews or updates, the unused time will not be credited to the next month. Updates include the basic listing information. Photo editing or video editing are not included in the updated prices.

Changes submitted by e-mail will be updated within 2-4 business days. All changes will match changes submitted within the E-mail. We are not responsible for spelling or grammar corrections. Photo/video submitted in email request must match the correct photo/video requirements. For the latest photo/video requirements please review the terms and agreements.

We reserve the rights to refuse information. The terms of this agreement can change without notice. Please review our terms page for latest revision of the terms and agreements.

Contact Information
Any questions or comments regarding this privacy policy or the BlackXchange.net service can be sent to OVERCOLOR COMMENTS, P.O. Box 5003, Fresno, CA., 93755-5003 or by E-mail at info@BlackXchange.net. 559.681.3261. You may find an answer to your question in the FAQs or send us an email through the contact page.

Privacy Changes
If we decide to change the privacy policy for BlackXchange.net, we will post the changes here so that you will always know what information we collect about you, how we use it and whether it is shared with anyone. This privacy policy was last updated on 11/05/07

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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