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Effective as of December 4, 2002

BlackCuba.com Terms of Use Agreement

PLEASE READ AND REVIEW THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you agree to this Terms of Use Agreement. If you do not agree, please exit the BlackCuba.com website immediately and disregard the information contained herein.

Welcome to BlackCuba.com. This website is owned and operated by Havana Bay Company, Inc., Denver, Colorado, USA.

This website and its contents are designed to comply with U.S. and State of Colorado laws, rules and regulations.

1. Acceptance. By using BlackCuba.com, you agree to be bound by and to comply with this Terms of Use Agreement. Havana Bay Company, Inc. reserves the right to change these terms from time to time, as it deems to be necessary. We will always post notice of those changes, and the date they become effective, within the current Terms of Use Agreement on this website. You may view the current applicable version of this Terms of Use Agreement at any time through a link at the bottom of each page within this website.

2. Scope. The terms of use set forth in this agreement apply only to your use of BlackCuba.com. Havana Bay Company, Inc. operates other websites that are covered by their own conditions as specified within those websites.

3. Description of Services. This website contains material about Colorado, Cuba, Havana Bay Company, Inc. and its various products and services. Please feel free to browse this website, as appropriate. Your access to and use of the information contained herein is subject to this Terms of Use Agreement and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, this Terms of Use Agreement and acknowledge that it supersedes any other agreement between you and Havana Bay Company, Inc..

5. Representation. As a user of this website, you are liable for the accuracy of the information that you provide to us.

Should you respond with information including feedback or data such as questions, comments, suggestions, or the like regarding the content of this website, such information shall be deemed to be non-confidential and Havana Bay Company, Inc. shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. Havana Bay Company, Inc. shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to developing, manufacturing, and marketing products incorporating such information.

6. Registration and Privacy. Please refer to Havana Bay Company Inc.’s Internet Privacy Policy for information on our registration processes and how the company protects your personal information.

7. Links to Other Websites. BlackCuba.com contains links to other Havana Bay Company, Inc. and non-Havana Bay Company, Inc. Internet websites. Havana Bay Company, Inc. assumes no responsibility for the content of non-Havana Bay Company, Inc. Internet websites to which we provide links.

8. Third Party Content. BlackCuba.com does not contain third party content, however, other Havana Bay Company, Inc. Internet websites to which BlackCuba.com links to may contain third party content. Those Internet websites are governed by their own Terms of Use which are displayed and available on the respective websites.

9. Disclaimer of Warranties. Havana Bay Company, Inc. has taken reasonable measures to ensure that the information contained within this website is reliable, however, by using this website, you accept the information, products and services provided herein "AS IS." Havana Bay Company, Inc. makes no express or implied warranty regarding the accuracy, content, completeness, reliability, operability, or legality of information contained within this website, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

10. Consequences. Havana Bay Company, Inc. reserves the right to suspend or terminate your account if you violate the Terms of Use Agreement. If your violation causes harm to others, you agree to indemnify and hold Havana Bay Company, Inc. harmless from and against any and all loss, damage, or expense. If any dispute arises between us regarding this Agreement or your use of BlackCuba.com , it shall be resolved through good faith negotiations between the parties. If such efforts prove unsuccessful, all such controversies, claims, or disputes shall be submitted to binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C., §1 et seq. Arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The arbitration award shall be final and binding, and it may be confirmed and enforced in any court of competent jurisdiction. Each party shall pay for all attorney fees it incurred in connection with the arbitration and shall share equally in the costs of the arbitration. The venue for any arbitration shall be the State of Colorado.

 

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