Terms & Conditions

Last Updated: February 11, 2021

Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Black Dress Consultants (“Company“, “we”, “us”, or “our”), concerning your access to and use of the https://blackdressconsultants.com/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. 

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site. 

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Changes to the Terms of Use

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

No Legal, Medical, Tax or Similar Professional Advice Given

Black Dress Consultants is not engaged in rendering legal, medical, tax, or similar professional advice or services via the Site. The information provided via the Site should not be interpreted as a substitute for consultation or evaluation by qualified professionals, and the information made available on or through the Site should not be relied upon when making legal, medical, financial, or other decisions. You are urged to seek the advice of a professional with any questions you may have before implementing any plans or suggestions that may be referenced, discussed, or offered under the Site.  Any reliance on the material, advice, or suggestions on the Site is at your own risk, and Black Dress Consultants specifically disclaims all responsibility for any liability, loss or risk, personal or otherwise, that is incurred as a consequence, directly or indirectly, of the use of the Site. 

THE Site IS NOT DESIGNED TO PROVIDE MEDICAL ADVICE OR FACILITATE MEDICAL EMERGENCIES. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT RELY ON ELECTRONIC COMMUNICATIONS OR COMMUNICATION THROUGH THE SITE FOR IMMEDIATE, URGENT MEDICAL NEEDS.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

Copyright

All material on this website, and the files associated with it, are copyrighted by the owners and operators of Black Dress Consultants, LLC, its subsidiaries, and its related entities, or by the original creator of that material. It is protected by the copyright laws of the United States of America and under treaties with other nations. Unless otherwise stated, no material on this website is in the public domain. You may not download, copy, reproduce, redistribute, republish, publicly display, post, or transmit material available on this website unless expressly permitted, and then only the designated material.  Black Dress Consultants authorizes you to view or download a single copy of the materials on this website solely for your personal, noncommercial use if you include the following copyright notice: “©2020, Black Dress Consultants, LLC. All rights reserved” and other copyright and proprietary rights notices that are contained in the downloaded materials. Black Dress Consultants in no way represents or warrants that your use of materials displayed on this website does not infringe the rights of third parties.  If you violate any of these Terms of Use, your permission to use the website materials automatically terminates and you must immediately destroy any copies you have made of any portion of such materials.

Linking and Third-Party Links

Please note that this website is linked to other websites that may have different terms of use. Please refer to those websites for the appropriate information. Please understand that Black Dress Consultants has no control over the content on these websites. In addition, a hyperlink to a non-Black Dress Consultants website does not mean that Black Dress Consultants endorses or accepts any responsibility for the content, or the use, of the linked website. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk.

Posting on the Website

If you use our blog or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the blog and other public areas. Black Dress Consultants is not responsible for the consequences of any communications in the blog. In addition, your use of the blog and other public areas are specifically subject to these terms:

You must be at least 18 years old to post information on the website. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive photos or other content on the website.

You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license, or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Black Dress Consultants prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Black Dress Consultants upon registration and at all other times will be true, accurate, current, and complete and you agree to update your information as necessary to maintain its truth and accuracy.

You agree that you will not solicit, collect or use the login credentials of other website users.

You are responsible for keeping your password secret and secure.

You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the website, including, without limitation, your social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

You may not use the website for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations (for example, federal, state, local and provincial) applicable to your use of the website and any content you post on the website, including but not limited to, copyright laws.  If you believe your copyrighted work is being infringed on this website, please notify Black Dress Consultants at 404-333-8953.

Accuracy and Integrity of Information

Crossroads makes no representation or warranty of the accuracy, reliability, or completeness of the information. It is possible that this website could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to this website by third parties. In the event that an inaccuracy arises, please inform Black Dress Consultants so that it may be corrected.

Contribution License

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.  

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Limitation of Liability and Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT USE OF THIS SITE IS AT YOUR OWN RISK AND THAT THE SITE AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SITE IS PROVIDED ON AN “AS IS” BASIS. CROSSROADS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE USE OF THIS SITE OR THE MATERIALS IN IT, AND DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY OR QUALITY, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BLACK DRESS CONSULTANTS ALSO EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR BROWSE THE SITE OR DOWNLOAD MATERIAL FROM IT. UNDER NO CIRCUMSTANCES SHALL BLACK DRESS CONSULTANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, FEES, FINES OR PENALTIES, LOSS OF REVENUE OR BUSINESS OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THIS SITE, OR SITES ACCESSED THROUGH THIS SITE, AND/OR CONTENT OR INFORMATION PROVIDED ON OR THROUGH THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING IT.

Privacy

We refer you to our privacy statement for a complete description of how Black Dress Consultants utilizes the information you communicate via our website.

Indemnification

You agree to indemnify and hold harmless Black Dress Consultants and their officers, directors, employees, agents, representatives, and sponsors from and against any claims, causes of action, liabilities, settlements, damages, and expenses, including, but not limited to, attorneys fees and accounting fees, relating to or arising out of your violation of this Agreement or any activity related to or arising out of your use of the Website or Related Services. 

Term; Termination. 

This Agreement shall commence upon your accessing the Website or Related Services. Black Dress Consultants may terminate these Terms and Conditions without prior notice at any time for any reason including but not limited to personal account access to any services, including Related Services, and applications due to extended periods of inactivity and upon notification of your death. All provisions that by their nature are intended to survive, including but not limited to disclaimers, waiver, releases, and limitations of liability provisions, shall survive the termination of this Terms and Conditions. All other provisions shall be of no further force or effect upon termination.

 Governing Law 

Georgia law shall govern the construction and enforceability of these Terms and Conditions.  

Arbitration

All disputes hereunder, including but not limited to, claims for breach of this Agreement, claims based on state or federal statutes, including civil rights claims under state and federal law, and claims based on common law, shall be resolved through arbitration. Arbitration shall be conducted according to the Georgia Court Rules and the applicable rules of the American Arbitration Association (“AAA”).  In the event of a conflict between the Georgia Court Rules and AAA Rules, the Georgia Court Rules shall control.  Arbitration shall be recourse for resolution of disputes arising under this Terms and Conditions.  The individual or entity asserting the claim must initiate the arbitration by filing a written Demand for Arbitration (the “Demand”) with both the regional office of AAA and the other parties.  This Demand shall be filed within one hundred eighty (180) days of the date the claim accrued or the claim shall be forever barred.  The arbitration shall be conducted in Dekalb County, Georgia.  The parties involved in the arbitration (the “Parties”) shall have the right to legal counsel and reasonable discovery.  Parties shall bear equally the cost of AAA’s filing fee.  The arbitrator, however, shall have the authority to grant any remedy or relief that would have been available to the Parties had the matter been heard in court, including the allocation of fees.  The arbitrator’s award shall be final and binding and a judgment of the Georgia Circuit Court or the United States District Court may be rendered thereon.  Judicial review shall not be permitted unless allowed by Georgia law. If any court competent jurisdiction or arbitrator finds any provision of this Agreement to be unenforceable, such provision shall be enforced to the maximum extent permissible, and the remainder of this Agreement shall be separately enforced.

Equitable Relief 

You agree that a breach by you of this Agreement will cause us irreparable damage, which cannot be readily remedied by money damages. Accordingly, you agree that Black Dress Consultants can obtain an immediate injunction against a breach by you, without posting of bond or showing of damages, in addition to any other remedies available.

Reference Headings

Headings used in this Terms and Conditions are for the convenience of reference only and shall not be used to interpret these Terms and Conditions.

Waiver

Sparrow’s failure to insist upon or enforce strict performance of any provision of this Terms and Conditions shall not be construed as a waiver of any provision or right.

Severability

If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that all other provisions of these Terms and Conditions shall remain in full force and effect. 

Assignment

Black Dress Consultants may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and Black Dress Consultants with respect to the Website and its content. Any modification or amendment to this Terms and Conditions by you must be in writing and signed by an officer of Black Dress Consultants. In its sole discretion, Black Dress Consultants may, from time to time, revise these Terms and Conditions without your consent. You should, therefore, periodically visit this page to review the current Terms and Conditions. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Terms and Conditions.

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