(877) 233-4578

Loading...

0

You have no items in your shopping cart.

(877) 233-4578

Loading...

0

You have no items in your shopping cart.

Black Swan

Terms & Conditions

Welcome to www,blackswan.tech (the "Site"), an official website of Black Swan. (“Black Swan”). These Terms of Use (these “Terms”) govern your use of the Site.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. IN CONSIDERATION FOR THE FREE USE OF THE SITE, YOU AGREE TO THESE TERMS. YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THESE TERMS BY VISITING OR USING THE SITE, OR LINKING TO THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE AND DO NOT LINK TO THE SITE.

1. CHANGES TO THESE TERMS.

Black Swan reserves the right to amend these Terms at any time by direct electronic notification to you or by posting the amended terms on this page. All amended terms shall automatically be effective for new users or new purchases immediately on posting and, in all other cases, 30 days after they are initially posted and dated, unless otherwise specified in a notice to you. You agree to review these Terms periodically to be aware of such modifications and your continued use of the Site shall be deemed your conclusive acceptance of the amended Terms.

2. GENERAL DISCLAIMER.

Vaporizers are designed, manufactured, and sold as hot air extraction devices used and intended to be used in the field of aromatics. The lawful and proper use of any Vaporizer or accessory is a required condition of sale.

By purchasing any of these devices you are representing that you are 18 years of age or older and that you agree to follow the instructions contained herein and in any accompanying literature.

The improper use of these devices may void any applicable warranty. Any illegal use of this device could subject the user to severe fines, penalties, and/or imprisonment under federal law.

Vaporizers are only to be used by someone knowledgeable in the field of aromatics. Only legal, safe, known, identifiable, and commercially developed and marketed aromatic blends or compounds should be used in any device purchased from this website. Keep these devices and all aromatic products out of the reach of children and animals. Study this information, the product instructions, and all of the accompanying literature before using a Vaporizer or any aromatic blend or compound. Likewise, always keep in mind that this device is extremely efficient in extracting the bioactive ingredients from any aromatic compound.

The information contained in this disclaimer and any other cautionary instructions, and all of the documents and literature included with any Vaporizer, was developed for informational purposes only. In no way is any of the information contained in these documents intended to be a medical or prescriptive guide or to be used for diagnosing or treating a health problem or disease. No aromatic should take the place of any prescribed medication. Neither the manufacturer nor the seller, or their respective affiliates, directors, officers, or shareholders, of any aromatic products on this Site shall be held responsible for the misuse of the same or the misuse of any aromatic blend or compound. You, the purchaser and/or user of this device, are responsible for your own use of such products.

If pregnant, nursing or diagnosed with epilepsy, a heart condition, allergies or other medical condition, seek the advice and assistance of a physician or trained health professional before using any Vaporizer or aromatic blend or compound. If you believe or suspect that you have a medical problem, promptly contact your doctor or health care provider.

3. COPYRIGHT, TRADEMARK AND INTELLECTUAL PROPERTY.

a. Ownership. All information, content and materials made available by Black Swan through the Site, including, without limitation, any computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings, as well as any copyrights, trademarks, patents or other intellectual property or proprietary rights comprising the Site or any component or element of the Site (collectively, the “Content”) is the exclusive property of Black Swan and its licensors and is protected by Canadian, U.S. and international copyright law.

Nothing contained on the Site should be considered as granting by implication, estoppel, or otherwise, any license or right to use any trademarks, logos, or other names, including, but not limited to, those identifying Black Swan and/or its affiliates and related companies, or their respective products and services displayed on the Site, without the express written consent of Black Swan or such third party that may own such trademarks, logos, and other names displayed on the Site, or as otherwise expressly permitted pursuant to these Terms.

Black Swan and its licensors retain all rights in the Content of this Site. The Content may not be modified, copied, distributed, downloaded, displayed, emailed, transmitted, performed, or sold in any form or by any means, in whole or in part, without the prior written consent of the respective owner thereof.

Black Swan grants you limited and revocable permission to display and print the Content of the Site (other than the computer code comprising the Site) for your lawful, personal, non-commercial use only; provided, that, even if you display or print the Content as permitted hereunder, you may not modify, reproduce, transmit, distribute, publicly display or perform, or create derivative works from that Content and you must retain all copyright and other proprietary notices contained in or on the Content.

The Content may not be used in connection with any service or information that is not owned, operated or licensed by Black Swan and its licensors or used or linked in any manner that is likely to cause confusion among consumers or that disparages Black Swan or its affiliates. The rights granted herein terminate automatically if you breach these Terms. Upon termination of these rights, you must immediately destroy any Content, and any copies thereof, you displayed or printed and remove any links to the Site.

The BLACK SWAN trademark, and other trademarks used on the Site, are the protected property of Black Swan and its affiliates and may not be used, copied, or imitated without the prior written consent of Black Swan.

b. Notice and Procedure for Making Claims of Copyright Infringement. Black Swan respects the intellectual property rights of others. If you believe that content on the Site infringes or violates your copyright rights, please contact us.

c. Unsolicited Ideas or Material. Do not send Black Swan unsolicited ideas or material over which you claim or wish to claim intellectual property rights (“Unsolicited Material”). If you send us Unsolicited Material, you agree that: (1) Black Swan has no obligation to review the Unsolicited Material; (2) Black Swan has no obligation to keep the Unsolicited Material confidential; and (3) Black Swan will own and may use and redistribute the Unsolicited Material for any purpose without any obligation to acknowledge or to compensate you. These Terms will apply notwithstanding any express or implied term, reservation, or restriction that accompanies the Unsolicited Material.

4. LINKS

You may gain access to other websites via links on this Site. These Terms apply to this Site specifically and do not apply to other parties' websites. Similarly, you may have come to this Site via a link from another website. The terms of use of other websites do not apply to this Site. Only these Terms apply to this Site. Black Swan assumes no responsibility for any terms of use or material outside this Site accessed via any link. Links to third party websites or information are not intended, and should not be interpreted by you, as constituting or implying Black Swan’s endorsement, sponsorship, or recommendation of the third party information, or products or services found there.

5. DISCUSSION FORUMS; CUSTOMER RATINGS AND REVIEWS

a. Forums. The Site offers you the opportunity to post or submit your own content in connection with various features of the Site, including customer reviews and other forums, newsletters, electronic mail, blog posts, articles, (collectively, “Forums”) to communicate with Black Swan or other users. In order to participate in a Forum, you may be required to provide accurate and complete personal information, which will be collected pursuant to the Privacy Notice of the Site. Content posted on Forums does not represent the views of Black Swan or its affiliates. Black Swan is not responsible for verifying the accuracy of content posted by users in Forums. As with any information on the Site, you should not make purchasing decisions based on information shared in a Forum without seeking the advice of an appropriate professional.

b. License. By uploading or submitting any materials to a Forum, you automatically grant to Black Swan and its designees a non-exclusive, royalty-free, fully paid up, worldwide, transferable, sub-licenseable, assignable, perpetual, irrevocable right and license to use, reproduce, publicly display, publicly perform, digitally perform, distribute, create derivative works based on, adapt (including without limitation edit, modify, translate, and reformat), transmit, make, have made, sell, offer for sale and import such materials or incorporate such materials into any form now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. For all such materials that you submit to or through the Site, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such materials, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. You further irrevocably waive any moral rights or other rights with respect to attribution of authorship or integrity of materials regarding all materials that you submit to or through the Site that you may have under any applicable law or under any legal theory.

c. Prohibited Uses of Forums. You must use Forums in a responsible manner. You must not transmit any content in connection with any Forum(s) that: (1) restricts or inhibits any other user from using and enjoying the Site; (2) is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent; (3) constitutes, advocates, or encourages conduct that would constitute or give rise to a criminal offense, civil liability, or other violation of any Canadian provincial, territorial or national law, regulation or order, or any other international law, regulation or order; (4) violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (5) contains a virus or other harmful component; (6) contains any information, software, or other material of a commercial nature; (7) contains advertising, promotions, or commercial solicitations of any kind; (8) constitutes or contains false or misleading indications of origin or statements of fact; and/or (9) contains material irrelevant to the subject matter of the Forum.

Black Swan has the right, but not the obligation, in its sole discretion, to review, edit, or delete any content transmitted in any Forum. Without limiting the foregoing, Black Swan has the right, but not the obligation, to delete any content that: (1) violates these Terms; or (2) is otherwise illegal or, in Black Swan’s sole discretion, is offensive or inappropriate. Upon such violation, Black Swan will have the sole discretion to terminate your access to the Forums and/or the Site. Although Black Swan may from time to time monitor or review content submitted in the Site’s Forums, Black Swan is under no obligation to do so and assumes no responsibility or liability arising from the content of any Forum content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any content in any Forum does not constitute approval or endorsement by Black Swan.

d. Be Conscious of What You Post. You acknowledge that any content that you post in a Forum is available to the public and accordingly agree that any content you post shall be deemed non-confidential. You should avoid posting any sensitive or personally identifiable information to a Forum. When you post information to a Forum, including information that may be considered personally identifiable information about you or any third party, you are acting at your own risk, and Black Swan disclaims all responsibility and liability for your posts.

e. Additional Terms Applicable to Customer Reviews. As a service to its customers, Black Swan offers a Forum for Customer Reviews on the Site (“Customer Reviews”). Customer Reviews are intended to provide useful and informative product feedback from consumers who have purchased Black Swan products. In addition to other provisions included in these Terms, you must comply with the following guidelines to ensure that your review is eligible to be posted. Black Swan has the right, but not the obligation, to refuse publication of Customer Reviews or remove Customer Reviews that do not meet the guidelines in this Section or otherwise fail to comply with these Terms.

i. Validation. Customer Reviews are subject to validation by Black Swan and/or its third party service provider. Validation procedures may include, but are not limited to, submission of a valid email address or Facebook login information.

ii. Only Review Products You’ve Used. Reviews are intended to share useful information from consumers’ actual experience using the products. If you haven’t used the products, you should refrain from posting.

iii. Stay on Topic. Reviews must focus on the product, its features, and the consumer’s experience with the product. Please keep in mind that your review will be most helpful to other users if it is specific and provides detailed explanations of why you either liked or disliked the product. Avoid discussing pricing, special offers, customer service, or other factors that may vary by market, or posting information about other companies or websites, including, but not limited to, information about Black Swan’s competitors.

iv. Be Considerate. Be considerate of other users when posting a Customer Review. Do not include inappropriate, derogatory, or discriminatory content, and refrain from using obscenities or inappropriate language.

v. Don’t Post Private Information. Do not post information that is personally identifiable information about you or any other person or that is confidential.

vi. Black Swan Employees. Employees of Black Swan and its affiliated entities are not permitted to post product reviews. By posting a review, you represent and warrant that you are not an employee of Black Swan or its affiliated entities.

vii. Photographs or Media Contained in Consumer Reviews. In the event that you are provided the opportunity to post photographs or other media in connection with a Consumer Review (the “Media”), you must not post any content that infringes or violates the intellectual property or other rights of any third party, including another person’s right to privacy. Black Swan may remove any Media it deems inappropriate or offensive, at Black Swan’s sole discretion. You hereby assign to Black Swan all right, title, and interest in such Media, including, but not limited to, copyright and any other intellectual property rights.

f. Reporting Violations. If you believe that a submission to a Forum or a Customer Review is defamatory, libelous, slanderous, false, obscene, pornographic, profane, or misleading, or is otherwise in violation of these Terms and wish to report the violation, please use the Contact Us feature of this Site. Although Black Swan is not obliged to delete content that you report, Black Swan reserves the right to delete content that is in violation of these Terms. Please be sure to describe the submission in sufficient detail so that Black Swan can identify it, and please identify why you believe the content violates these Terms.

6. PROHIBITED USES OF THE SITE

This Site and all of its Content is offered solely for your own personal, informational, non-competing use. In addition to the requirements set forth in other sections of these Terms, you agree not to access and/or use the Site for any purpose not expressly authorized by these Terms and/or to transmit, post, or distribute to the Site content that:

(1) constitutes an advertisement or solicitation of business of any kind, including, but not limited to, spam, chain letters, and pyramid schemes;

(2) contains or constitutes software, computer programs, or routines of any kind, including, but not limited to, viruses, bots, worms, and spiders;

(3) collects information about others, including, but not limited to, users’ e-mail or social media account addresses;

(4) imposes an unreasonable load on the Site’s infrastructure; and/or

(5) reverse engineers or decompiles the software comprising or included in the Site.

7. DISCLAIMER OF WARRANTIES

THIS SITE IS A FREE SERVICE TO YOU. YOU AGREE THAT ALL CONTENT ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OR ADVICE THAT MAY BE GIVEN OVER THIS SITE, IS PROVIDED "AS IS" AND “AS AVAILABLE,” AND ALL USE OF THIS SITE IS AT YOUR OWN RISK. BLACK SWAN DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES, CONDITIONS AND LIABILITIES OF BLACK SWAN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT BLACK SWAN DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THAT YOUR USE OF THE SITE AND ANY CONTENT, INFORMATION AND/OR FORUMS AVAILABLE THROUGH THE SITE IS SOLELY AT YOUR OWN RISK.

Black Swan does not warrant or make any representations regarding the use or the results of the use of the Content on this Site in terms of its correctness, accuracy, reliability, or otherwise, and the Content on this Site, or the content accessed or linked through this Site, may contain technical inaccuracies or typographical errors, including errors or omissions concerning price and product specifications. Information, including, but not limited to, product pricing and availability, may be changed or updated without notice.

8. LIMITATION OF LIABILITY

NEITHER BLACK SWAN, ITS AFFILIATES, AGENTS, LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS SITE (COLLECTIVELY, THE “INVOLVED PARTIES”) SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, OR ANY LINKED SITE, THE CONTENT OR THE FORUMS, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM HARM, INCLUDING, BUT NOT LIMITED TO, INJURY TO PROPERTY OR PERSONS, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS SITE, RESULTING FROM ACTS, INCLUDING, BUT NOT LIMITED TO, ACTS OUTSIDE OF THE INVOLVED PARTIES’ CONTROL, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, INTERNET FAILURE, UNAUTHORIZED ACCESS, THE INVOLVED PARTIES’ NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF THE INVOLVED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT AND FORUMS AVAILABLE THROUGH THIS SITE.

IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, BLACK SWAN’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.

9. TERMINATION OF SERVICE

Black Swan reserves the right to change or discontinue at any time, without notice, the Site, any Forums, contests, Content, materials, equipment, specifications, models, products and/or services described on the Site, or the availability thereof. Products, methods, and processes described on the Site may be covered by Canadian or U.S. or other foreign patents and/or other intellectual property rights. Black Swan also reserves the right, in its sole discretion, to terminate these Terms and your access to all or part of the Site, with or without notice to you.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Black Swan and its affiliates, and their respective officers, directors, shareholders, employees, agents, representatives, successors, and assigns (the “Indemnitees”) from and against any claims, causes of action, damages, liabilities, losses, costs, or expenses (collectively, “Losses”) that the Indemnitees incur or may incur arising from, resulting from, or arising in connection with: (1) your breach of these Terms; (2) your use of this Site or your use of the Content, including, but not limited to, content or Media you post in connection with a Forum or Customer Review; (3) personal injury or tangible and intangible property damage, casualty or loss suffered or incurred by the Indemnitees in connection with your use of the Site (including loss of data) or Content or other information services available by or through your use of the Site or Content (including damage, casualty or loss arising from the malicious acts of third parties which could have been prevented or avoided by you using reasonable protective means); and (4) your acts and omissions in connection with your use of the Site or Content. You also agree to indemnify, defend and hold harmless the Indemnitees from and against any Losses that the Indemnitees incur or may incur arising from, resulting from, or arising in connection with your providing to Black Swan inaccurate or untruthful information via the Site, whether to gain access to the products or services provided through this Site or otherwise.

11. MISCELLANEOUS

a. Duration of Your Obligations. Your obligations under these Terms, as they now exist and may be amended in the future, shall continue for as long as you access or use the Site, or use or maintain any of the Content of the Site or copies thereof. You may terminate your obligations at any time by discontinuing your use of the Site, removing any links to the Site, and by destroying all Content obtained from it, and all copies thereof. If you are dissatisfied with the Site or with these Terms, your sole and exclusive remedy is to discontinue use of the Site. In such an event, you agree to destroy all Content and materials obtained by you on the Site and all copies thereof. These Terms shall survive any such termination.

b. Entire Agreement; Severability. The Privacy Notice provides you with notice regarding Black Swan’s practices regarding the collection, use, retention, and disclosure of personal information. Subject to the Privacy Notice, these Terms constitute the entire agreement between you and Black Swan regarding your use of the Site and any other subject matter herein. If any portion of these Terms is declared or held unlawful, invalid, or unenforceable, then such portion of these Terms shall be deemed severed herefrom and shall not affect the validity or enforceability of the remainder of these Terms. Black Swan may, from time to time, offer you the opportunity to use interactive services on the Site. By participating in any such service, you agree to any and all special terms set forth in connection with any such service, in addition to these Terms.

c. Governing Law; Forum. Black Swan makes no representation that the Content on this Site is appropriate or available for use at locations outside of Canada. You may not use the Site or export the Content in violation of Canadian and U.S. export laws or regulations. If you access this Site from a location outside of Canada, you are responsible for compliance with all local laws and regulations. Unless applicable Canadian law requires otherwise, these Terms will be governed by and construed in accordance with the laws of the Province of Ontario without regard to its choice of law or conflicts of law principles. You hereby agree that any cause of action you may have with respect to the Site must be filed in the superior court of the province or territory of Canada in which you reside or, if you are not a resident of Canada, in the Ontario Superior Court of Justice.

d. Waiver. The failure of Black Swan to enforce any provision of these Terms, or to respond to a breach of these Terms by you or other parties, shall not in any way constitute a waiver of Black Swan’s rights to subsequently enforce any provision of these Terms against you or any other party.

e. Headings. The section/paragraph headings appearing in these Terms are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope of extent of such section or in any way affect such section/paragraph.

f. Enurement. These Terms are binding upon and shall enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise without Black Swan's prior written consent, which consent shall be at Black Swan's sole discretion.