Please read these terms carefully before using this website.
The materials located at www.Tribebynoire.com and all subdirectories (collectively the “Site”), are provided by Tribe By Noire as a service to its customers and may be used for informational purposes only. By visiting or downloading any materials from this Site, you agree to these Website Terms and Conditions of Use (“Terms”). If you do not agree to these Terms, do not access or otherwise use the Site.
Tribe By Noire reserves the right to update, modify or amend these Terms at any time, and any such updates, modifications or amendments will be binding on you. Because these Terms are binding upon you in connection with any use you make of the Site at any time, you should regularly check for changes before proceeding to use this Site.
The section headings used in these Terms are for reference purposes only and shall not be used in the interpretation of the meaning of these Terms.
Site Content and Intellectual Property
This Site as a whole, as well as materials, images, text (other than user information), illustrations, designs, icons, photographs, video clips, audio signals, structure, layout, software, “look and feel,” and other elements contained on or otherwise making up this Site (collectively, the “Content”), are protected by copyright, trademark, trade dress, and other intellectual property laws and international conventions. Unless otherwise noted, all worldwide rights, titles, and interests in and to the Site and Content are owned or licensed by Tribe By Noire and/or its affiliated companies.
Tribe By Noire grants you a limited, nonexclusive, nontransferable, non-sublicensable, right and license to access and use the Site and its Content for purposes of general browsing, participating in user forums and user submissions, and/or conducting business with Tribe By Noire. In all events, however, you shall not be permitted to, you shall not, and you shall not permit others to: (i) copy, adapt, display, distribute, publish, disseminate, transmit, store, sell, or use the Site and/or the Content for any purposes or in any manner other than as intended and expressly authorized in writing by Tribe By Noire; (ii) attempt to remove from the Site, download, copy, recreate, disassemble, modify, destroy, tamper with, deactivate, translate, reverse engineer, or decompile any software or other Content on the Site; or (iii) assign, sell, sublicense, lease, or otherwise transfer your right to use the Site or its Content. You may not reproduce any Content on your personal website, blog, social network, or any other online resource without Tribe By Noire express written permission or as allowed by any license terms entered into with Tribe By Noire. Tribe By Noire may terminate this license at any time if you are in breach of the Terms set forth herein. Upon termination, you will immediately destroy and make no further use of any downloaded materials or Content, and upon request, you will certify this to Tribe By Noire in writing.
Proper Use
You must be at least 18 years of age to view any page or other correspondence or Content from this Site. You understand, acknowledge and agree that Tribe By Noire cannot and shall not be held responsible for any harm that is experienced, real or perceived, from viewing, following, or contributing, of any Content on this Site.
You acknowledge that some areas of the Site may from time to time be restricted and accessible only to certain users via password. As part of the registration process, each user will submit his or her email address and select a password. You shall provide Tribe By Noire with accurate, complete, and updated account information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You agree to access and use only those areas of the Site that have been authorized for your use and to refrain from using any password or account information of any third party. You agree to immediately notify Tribe By Noire of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. You agree not to disclose or share your password or other relevant account information with any third parties or to use your password for any unauthorized purpose.
You must not use this Site in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You are prohibited from posting or transmitting to this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You agree to refrain from using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on Site. You further agree to refrain from taking any action that could impose an unreasonable or disproportionately large burden on the Site infrastructure. Doing so may result in termination of your account.
Terms of Sale
All products and services on the Site are sold by Tribe By Noire. Your placement of an order through the Site is deemed your acceptance of an order. Once you place an order through the Site, you will be directed to an order confirmation page and an email confirming your order will be sent to the email address you provided to Tribe By Noire. All purchases must be made with an acceptable method of payment as stated at checkout, provided that Tribe By Noire reserves the right to change its accepted payment methods at any time. Tribe By Noire will provide notice if its accepted payment methods change after you place an order. All prices are quoted in U.S. currency and all orders must be transacted in the same.
You represent that all information provided to Tribe By Noire when you place an order through this Site will be accurate, complete, and current. You are responsible for paying any applicable taxes and processing charges relating to any purchase you made through this Site.
These Sale Terms are subject to change without prior written notice at any time and at Tribe By Noire’s sole discretion. By placing an order for products through the Sites, you agree to be bound by and accept these Terms in effect at the time of such order.
Prices & Availability
The availability and pricing of Tribe By Noire’s Products and Services is subject to change without notice. If a product is not available when you place an order (for example, not yet available or sold out), we will do our best to advise you when we anticipate the product will become available. Anticipated availability dates are subject to change.
User Submissions
Except as otherwise agreed in writing by an authorized Tribe By Noire representative, any and all materials (including user- and visitor-generated materials) submitted to Tribe By Noire either via email, comment forms, or any other page hosted at this Site or its content aggregation systems will be considered non-confidential and non-proprietary (“User Materials”). You hereby grant Tribe By Noire a world-wide, non-exclusive, royalty-free, perpetual, sublicensable and assignable right and license to use, reproduce, publish, distribute, compile and display any User Materials submitted by you as Content on the Site. You waive any claim you have or may have under any theory of natural rights, including Droit Morale, or any right of attribution under the copyright law of any jurisdiction with respect to those User Materials, to the extent this waiver is recognizable under the law of the relevant jurisdiction. Tribe By Noire reserves the right to alter, remove, re-post, re-purpose, market, or trade any such User Materials. Tribe By Noire will have no obligations with respect to such materials. By submitting or transmitting User Materials, you hereby confirm that your contribution of any such material is your own original work and does not infringe any third party rights or laws. Please note that all User Materials submitted may be viewable to anyone on the Internet, and may be found via search engines.
User Forum
Tribe By Noire may, but is not obligated to, monitor or review any areas on the Site where users transmit or post communications or communicate solely with each other, including but not limited to message boards, chat rooms, or other user forums, and the content of any such communications. Tribe By Noire, however, will have no liability related to the content or use of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Tribe By Noire, in its sole discretion and without any prior notice or liability to any user, reserves the right to shut down any user forum or to disable the functionality for users to transmit or post communications or to communicate with each other, and/or to remove any materials or user-generated communication that Tribe By Noire deems to be offensive, unlawful, threatening, libelous, defamatory, obscene, pornographic, or in violation of any third party right or law.
Notification of Copyright Infringement
Tribe By Noire respects the intellectual property rights of others and has established the following procedure for receiving notice of infringement in compliance with the Digital Millennium Copyright Act (“DMCA”). Notices should be submitted to remson@tribebynoire.com.
To be effective, the notice should include:
Disclaimer
Visitors who use this Site and rely on any information do so at their own discretion.
This site and all materials and content, including purchases of Tribe By Noire goods and services from this site, are provided “as is” without any express or implied warranty of any kind including warranties of merchantability, noninfringement of intellectual property, or fitness for any particular purpose. In no event shall Tribe By Noire or its owners, affilates, employees, officers, directors, agents or contractors be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption or loss of information) arising out of the use of or inability to use the content, materials or ideas on the site, even if Tribe By Noire has been advised of the possibility of such damages. Without limiting the foregoing, in no case shall the entire liability of Tribe By Noire, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the site or Tribe By Noire products and services exceed any compensation you pay, if any, to Tribe By Noire for access to or use of the sites or exceed the purchase price for Tribe By Noire products and services.
Your remedies with respect to any problems or dissatisfaction with the site are to terminate your account and discontinue any use of the site
Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Tribe By Noire and its agents or contractors further do not warrant the accuracy or completeness of the information, text, graphics, links, or other items contained within this Site or its Content. Tribe By Noire may make changes to this Site or its Content at any time without notice.
Some Content found on the pages of this Site is created by members of the public. The views expressed are theirs and unless specifically stated are not those of Tribe By Noire. Tribe By Noire accepts no responsibility for any loss or harm incurred from the use of this Site or any of its Content.
The information on this Site is intended solely for entertainment purposes and may not be used as a substitute for professional advice and/or information, as circumstances will vary from person to person. You should not act or rely upon this information without seeking professional advice. Do not attempt any of the suggested actions, solutions, remedies, or instructions found on this Site without first consulting with a qualified professional. The materials are not intended to be nor do they constitute actionable professional advice. Transmission of this information is not intended to create a professional-client relationship between Tribe By Noire and you. The owners, editors, contributors, administrators, and other staff of Tribe By Noire are not qualified professionals, and are simply aggregating information found online for entertainment purposes only.
By using this Site, you hereby forfeit any and all claims, past, present, and future, relating to your use of this Site and its Content, against the owners, officers, directors, agents, contractors, editors, contributors, administrators, and other staff of Tribe By Noire.
External Links
Tribe By Noire is not responsible for the contents or reliability of any other websites to which we provide a link, and we do not, expressly or otherwise, endorse the views and/or information expressed within those websites.
Viruses, Damage and Availability
Tribe By Noire makes no warranty or claim that functions available on this Site will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available, nor the Content itself is and/or will be free of viruses, bugs, or other malicious code. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output, and for the security of yourself and the device used by you to view any Content from this Site.
Limited Liability and Indemnification
Tribe By Noire shall not be liable for any loss or damage arising from or otherwise in connection with your use of any Content, information, function, or service this Site or other related location (such as content feeds, links, emails, letters, documents, and other company products or correspondence).
You agree to indemnify, defend and hold harmless Tribe By Noire and its owner from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of these Terms.
Though Tribe By Noire makes a reasonable effort to maintain the resources of this Site, they will, from time to time, become out of date, be incorrect, erroneous, or otherwise inappropriate. Tribe By Noire makes no commitment to update the materials or ideas contained within this Site or its attached documents. As noted above, by using this Site you agree that you will not follow any instruction, suggestion, step, list, tutorial, or other Content on this Site or any of its Content posted elsewhere until you have appropriately consulted with a licensed professional who is unrelated to this Site.
Applicable Laws
The federal laws of the United States or the State of Georgia’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms. Any dispute related to the Terms or the Site itself will be decided by the state and federal courts in Fulton County, Georgia, and each party will be subject to the jurisdiction of those courts.
Miscellaneous
These Terms and other policies posted on this Site constitute the entire agreement between you and Tribe By Noire in connection with your use of this Site and its Content, and supersedes any prior agreements between you and Tribe By Noire regarding use of this Site, including prior versions of these Terms.
Tribe By Noire reserves the right at its sole discretion to restrict your access to the Site, suspend or terminate your account and/or subscription to the email list. Termination will be effective without notice. In the event of termination, the disclaimers, protection of Tribe By Noire’s Intellectual Property, limitations of liabilities and indemnification set forth in these Terms will survive. These Terms and Conditions will be deemed to include all other notices, policies, disclaimers and other terms contained in this Site, except that in the event of a conflict between such other terms and the terms of these Terms, these Terms and Conditions will control.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Tribe By Noire reserves all rights not expressly granted in these Terms. You may not assign any rights granted to you in these Terms. Nothing in these Terms shall constitute a partnership or joint venture between you and Tribe By Noire. The failure of Tribe By Noire at any time or times to require performance of any provision in these Terms shall in no manner affect its right at a later time to enforce the same unless waived in writing.
If you have any questions or concerns about these Terms or the Site, including information on, cancelations, or renewals, please contact me at remson@tribebynoire.com.
These Terms and Conditions were last updated on February 6, 2017.
copyright © 2024 Tribe By Noire. All Rights Reserved
1. Introduction
Thank you for visiting www.tribebynoire.com. If you have not already read and agreed to my Terms of Service, please do so now. This Privacy Policy, like my Terms of Service, must be agreed to by you in order to have my permission to use my Service.
2. Definitions
Throughout this document, I may use certain words or phrases, and it is important that you understand the meaning of them. The following is a non-exhaustive list of definitions of words and phrases found in this document:
“tribebynoire.com” refers to my company, known as “Tribe By Noire.”; my Site; my Service; or a combination of all or some of the preceding definitions, depending on the context of the word;
“Service” refers to the services that I provide through my Site, including my blog, personal development, nutrition and fitness-related products and other services, and the Site itself;
“Site” refers to my website, www.Tribebynoire.com;
“User” refers to anyone who accesses my Site or uses my Service, regardless of whether such access involves any remuneration to any party;
“You” refers to you, the person who is governed by this Privacy Policy.
3. Information Collected
Identifying Information
I collect certain personal information from you when you sign up to my Service that can be used to identify you, such as your name, e-mail address, mailing address, and other information I deem relevant. Because I use a third party payment processor, PayPal and Stripe, you will not be required to submit any credit card details to me. The information I collect from you, to the extent that it is private, is disclosed only in accordance with my Terms of Service and/or this Privacy Policy.
Non-Identifying Information
Whenever you visit my Site, I may collect non-identifying information from you, such as your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.
4. Use of Your Information
I may use your information to:
5. Accessing, Editing, and Removing Your Information
Users may in some cases be able to review and edit the personal information they have provided to me by contacting me directly. Although most changes may occur immediately, information may still be stored in a web browser’s cache. I take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability for such. In addition, I may, from time to time, retain residual information about you in my backup and/or database.
6. Cookies
I use cookies to remember your preferences and track advertisements. For these reasons, it is necessary that you enable cookies in your browser, and you hereby acknowledge that I have informed you of my use of cookies and that you consent to my use of cookies in relation to your computer system. Please be advised that I also use third party cookies.
7. Third Party Websites
Tribebynoire.com may post links to third party websites on its Site. These third party websites are not screened for privacy or security issues by Tribebynoire.com, and you release me from any liability for the conduct of these third party websites.
Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties or require disclosure of any personal information relating to members of the Service or Site. Tribebynoire.com bears no responsibility for the information collected or used by any advertiser or third party website. Please review the privacy policy and terms of service for each site you visit through third party links.
8. Third Party Access to Your Information
Although you are entering into an Agreement with Tribebynoire.com to disclose your information to me, I do use third party individuals and organizations to assist me, including contractors, web hosts, and others.
Throughout the course of my provision of my Service to you, I may delegate my authority to collect, access, use, and disseminate your information. For example, my web host stores the information that you provide to me, and I may hire outside contractors to perform maintenance or assist me in securing my website.
It is therefore necessary that you grant the third parties I may use in the course of our business the same rights that you afford me under this Privacy Policy. For this reason, you hereby agree that for every authorization which you grant to me in this Privacy Policy, you also grant to any third party that I may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving my website or its underlying files or systems. You agree not to hold me liable for the actions of any of these third parties, even if I would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.
9. Release of Your Information for Legal Purposes
At times it may become necessary, for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that I may disclose your information to a third party where I believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that I receive a subpoena affecting your privacy, I may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or I may attempt to quash it myself, but I am not obligated to do either. I may also proactively report you, and release your information to, third parties where I believe that it is prudent to do so for legal reasons, such as my belief that you have engaged in fraudulent activities. You release me from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.
10. Commercial and Non-Commercial Communications
By providing information to the Site that forms the basis of communication with you, such as contact information, you waive all rights to file complaints concerning unsolicited email from Tribebynoire.com since, by providing such information, you agree to receive communications from me and anyone else covered under this Privacy Policy. However, you may unsubscribe from certain communications by notifying Tribebynoire.com that you no longer wish to receive solicitations or information and I will endeavor to remove you from the database.
11. Security Measures
I take certain measures to enhance the security of my Site and Service, including using SSL Certificates. However, I make no representations as to the security or privacy of your information. It is in my interest to keep my website secure, but I recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.
12. Your California Privacy Rights
Tribebynoire.com permits residents of California to use its services. Therefore, it is the intent of Tribebynoire.com to comply with the California Business and Professions Code §§ 22575-22579. If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. In summary, you must presume that we collect electronic information from all visitors.
13. International Transfer
Your information may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to me, Tribebynoire.com transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
14. Amendments
Like my Terms of Service, I may amend this Privacy Policy from time to time. When I amend this Privacy Policy, I will place a note on my Site as to when this Privacy Policy was last modified. You must read this page each time you access my Service, and if you do not agree to the current version, you must cease using my Service immediately.
Last Modified: February 6, 2017.
copyright © 2024 Tribe By Noire. All Rights Reserved