Acceptance of the Terms and Conditions

This Terms of Use Agreement (this "Agreement"), states the terms and conditions under which you may use this web site (the "Site").  Please read this Agreement carefully.  This Site contains various information relating to Black Girls Smile, Inc. ("BGS" or "We") in the form of text, graphics, news, reports, and other materials (tangible or intangible) ("Content").  By accessing, browsing and/or using this Site you acknowledge that you have read, understood and agree to be legally bound by this Agreement.  If you do not accept this Agreement (and therefore do not agree to by bound by this Agreement), do not use this Site. We reserve the right to amend this Agreement at any time by posting the amended terms on our Site.   

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Restrictions on Use of Materials

You acknowledge that this Site contains Content that is protected by copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Black Girls Smile Inc. or any other party (each a "Contributor") who has been involved in the preparation or publication of the Content.  You shall at no time assert any claims of ownership over any content by reason of your use of or any right to use this Site and shall not grant or create or suffer to exist any lien or other security interest arising therefrom.  You agree to comply with all copyright and trademark laws and you shall not encumber any interest in, or assert any rights to, the Content.  You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.  You may print copies of the Content, provided that these copies are made only for personal, non-commercial use and that you maintain any notices contained in the Content, or maintained by the Contributor, such as all copyright notices, trademark legends, or other proprietary rights notices. You shall not store electronically any significant portion of any Content. Black Girls Smile Inc. authorizes you to view and use the Content on this Site solely for your personal, noncommercial use. The use of the Content on any other site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without Black Girls Smile's prior written approval. 

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For permission to use content from this website authored and distributed by Black Girls Smile Inc., request written permission and provide full attribution. Permission should be requested by submitting a request via our Contact form. Attribution for website content should be given as follows: "Reprinted with permission from Black Girls Smile Inc." 

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DISCLAIMER OF WARRANTY

THE CONTENT PROVIDED ON THIS WEBSITE IS PROVIDED AS A SERVICE TO MEMBERS OF THE PUBLIC. INFORMATION PRESENTED ON THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.  NO INFORMATION PRESENTED ON THIS WEBSITE CONSTITUTES PROFESSIONAL ADVICE, NOR DOES IT CREATE AN PROFESSIONAL-CLIENT RELATIONSHIP BETWEEN BLACK GIRLS SMILE AND ANY OTHER PARTY. 

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YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  NONE OF BLACK GIRLS SMILE INC., ANY OF ITS MEMBERS, AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE "BLACK GIRLS SMILE PARTIES") GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT. 

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NONE OF BLACK GIRLS SMILE PARTIES WARRANTS THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.  YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. 

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NONE OF BLACK GIRLS SMILE INC. PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF BLACK GIRLS SMILE INC. PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.

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LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL ANY OF BLACK GIRLS SMILE PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE WEB SITE.  IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THE WEB SITE.

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IN NO EVENT SHALL ANY OF BLACK GIRLS SMILE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT, SERVICE, OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

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BECAUSE SOME JURISDICTIONS  DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS BLACK GIRLS SMILE PARTIES' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

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YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.

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Links to Other Sites

As a convenience to you, this Site may periodically provide links to third party websites through links available on this Site including websites of entities that are affiliated with Black Girls Smile Inc. ("Third-Party Sites") where we feel it is appropriate. Lists of links are not complete lists of relevant and/or useful internet resources.  Our decision to link to a Third-Party Site is not an endorsement of the content in that linked Third Party Site. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD PARTY WEB SITE, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY, CURRENTNESS, OR COMPLETENESS OF SUCH CONTENT) ON ANY THIRD PARTY WEB SITES, AND BLACK GIRLS SMILE INC. SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING.  You should take precautions when downloading files from all Sites to protect your computer from viruses and other destructive programs.  If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns to the Third-Party Sites' administrator or webmaster. 

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No Framing Allowed 

Elements of this Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors.  None of the Content for our Site may be retransmitted without the express written consent of Black Girls Smile Inc.  

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Copyright Complaints

The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act is Lauren Carson, Executive Director, Black Girls Smile Inc.

 

Use of Personally Identifiable Information

Black Girls Smile Inc.’ practices and policies with respect to the collection and use of personally identifiable information is governed according to Black Girls Smile Inc.s’ Privacy Policy.

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Termination

Black Girls Smile Inc. reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of our Site or the Content, at any time and for any reason without prior notice or liability. Black Girls Smile Inc. reserves the right to change, suspend, or discontinue all or any part of this Site or the content at any time without prior notice or liability.