Terms and Conditions

Please read these Terms and Conditions of Use (the "Agreement") carefully before using this website. By using blackrhinousa.com, blackpinesports.com, grizzlystuff.com, thebackside.com and turbotent.com or any other BLACK PINE, Inc. Company website (collectively, the "BLACK PINE WEBSITES"), you agree to be bound by this Agreement. If you do not agree to the terms and conditions of this Agreement, please do not use any of the BLACK PINE WEBSITES. BLACK PINE, Inc., a Utah corporation formed under the laws of the State of Utah, U.S.A. (referred to herein as "BLACK PINE," the "Company," "we," "us" and "our"), reserves the right to change this Agreement, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised draft of this Agreement on one or more of the BLACK PINE WEBSITES. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of this Agreement. You should always check this Agreement prior to using the BLACK PINE WEBSITES. Your continued use of the BLACK PINE WEBSITES following the posting of changes to this Agreement constitutes your acceptance of and unconditional agreement to those changes.

1. Restricted Uses.

The BLACK PINE WEBSITES are owned and operated by BLACK PINE. The contents of the BLACK PINE WEBSITES are copyrighted under United States copyright laws. Except as stated herein, none of the material on the BLACK PINE WEBSITES may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever.

"BLACK PINE," "Black Pine Sports," "Black Rhino", "the Backside", "Turbo Tent", "Grizzly" and all other BLACK PINE trademarks, trade names, service marks and logos appearing on the BLACK PINE WEBSITES are proprietary trademarks of BLACK PINE. The use of any of our trademarks or any other content made available through the BLACK PINE WEBSITES, except as expressly provided in this Agreement, is strictly prohibited.

2. Information Submitted Through the BLACK PINE WEBSITES.

Your submission of information through the BLACK PINE WEBSITES is governed by BLACK PINE's Security and Privacy Statement (the "Security and Privacy Statement" [HYPERLINK]), and this Agreement incorporates by reference the terms and conditions of the Security and Privacy Statement. Your use of any part of the BLACK PINE WEBSITES constitutes your acceptance and agreement to the Security and Privacy Statement. You represent and warrant that any information you provide in connection with your use of the BLACK PINE WEBSITES is true, accurate, and complete, and that you will maintain and update such information as needed, such that the information remains true, accurate, and complete.

3. Registration; User Names and Passwords.

You may be required to register with BLACK PINE in order to access certain areas of the BLACK PINE WEBSITES or to conduct certain transactions through the BLACK PINE WEBSITES. With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the BLACK PINE WEBSITES, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the BLACK PINE WEBSITES, to any third party. You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with the BLACK PINE WEBSITES that occur in connection with your user name. You agree to immediately notify BLACK PINE of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the BLACK PINE WEBSITES, and to ensure that you "log off" and exit from your account with the BLACK PINE WEBSITES (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

4. Rules of Conduct.

We expect users of the BLACK PINE WEBSITES to respect the law as well as the rights and dignity of others. While using the BLACK PINE WEBSITES you agree to comply with all applicable laws, rules and regulations. In addition, your use of the BLACK PINE WEBSITES is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct may result in termination of your access to the BLACK PINE WEBSITES pursuant to Section 13 below.

You agree not to:

Post, transmit, or otherwise make available through or in connection with the BLACK PINE WEBSITES:

Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right of which you are not the owner or holder.

Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."

Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment.

Any unsolicited or unauthorized advertisements, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation that is not expressly approved by BLACK PINE in advance.

Any personally identifiable information of another individual, without the prior consent of such individual.

Any material, non-public information about a company, without the proper authorization to do so.

Use the BLACK PINE WEBSITES for any fraudulent or unlawful purpose.

Use the BLACK PINE WEBSITES to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or to harvest or collect information about users of the BLACK PINE WEBSITES.

Impersonate any person or entity, including without limitation any representative of BLACK PINE; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the BLACK PINE WEBSITES; or express or imply that we endorse any statement you make.

Interfere with or disrupt the operation of the BLACK PINE WEBSITES or the servers or networks used to make the BLACK PINE WEBSITES available; or violate any requirements, procedures, policies or regulations of such networks.

Restrict or inhibit any other person from using the BLACK PINE WEBSITES (including without limitation by hacking or defacing any portion of the BLACK PINE WEBSITES).

Use the BLACK PINE WEBSITES to advertise or offer to sell or buy any goods or services for any business purpose, without BLACK PINE's express prior written consent.

Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes any portion of, use of, or access to, the BLACK PINE WEBSITES.

Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the BLACK PINE WEBSITES.

Remove any copyright, trademark or other proprietary rights notice from the BLACK PINE WEBSITES or materials originating from the BLACK PINE WEBSITES.

Frame or mirror any part of the BLACK PINE WEBSITES.

Create a database by downloading and storing BLACK PINE WEBSITES content.

Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather BLACK PINE WEBSITES content or reproduce or circumvent the navigational structure or presentation of the BLACK PINE WEBSITES without BLACK PINE's express prior written consent.

Additionally, you acknowledge and agree that you (and not BLACK PINE) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the BLACK PINE WEBSITES, and for paying all charges related thereto.

5. Forums and Submissions.

BLACK PINE may or may not, at its sole discretion, offer features through the BLACK PINE WEBSITES that enable you to post information and materials publicly, for example, bulletin boards, chat areas, and similar forums (collectively referred to herein as "Forums"). All of the rules of conduct described in Section 5 above apply to the Forums. Additionally, without BLACK PINE's express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other BLACK PINE WEBSITE visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.

When you submit or make available any information or materials through the Forums or otherwise through any BLACK PINE WEBSITE ("Submissions"), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by BLACK PINE without restriction. You grant to BLACK PINE the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through the BLACK PINE WEBSITES complies 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 any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason.

We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in the BLACK PINE WEBSITES. The Forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the BLACK PINE WEBSITES are those of such third parties and not of BLACK PINE, and BLACK PINE does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the BLACK PINE WEBSITES at any time if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately.

You acknowledge and agree that BLACK PINE has no control over, and shall have no liability for any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the BLACK PINE WEBSITES. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THE BLACK PINE WEBSITES, YOU DO SO AT YOUR OWN RISK.

6. Sweepstakes, Sales, Contests, and Similar Promotions.

Any sweepstakes, sales, contest, or similar promotion made available through any BLACK PINE WEBSITE may be governed by specific rules that are separate from this Agreement, at BLACK PINE soles and absolute discretion. By participating in any such sweepstakes, sales, contest, or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. BLACK PINE urges you to read the applicable rules, if any, which will be linked from the particular activity, and to review the Security and Privacy Statement, which, in addition to this Agreement, will govern any information you submit in connection with such activities.

7. Purchases and Other Transactions.

If you wish to purchase any product or service or to make a payment to BLACK PINE through a BLACK PINE WEBSITE (each such purchase or other transaction is a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, your billing address and your shipping information. Any such information provided through the BLACK PINE WEBSITES will be treated by BLACK PINE in accordance with this Agreement and the Security and Privacy Statement. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction.

BLACK PINE reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all Transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through the BLACK PINE WEBSITES are subject to change without notice, and BLACK PINE shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to BLACK PINE's refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the BLACK PINE WEBSITES, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

8. Intended Audience.

BLACK PINE controls and operates the BLACK PINE WEBSITES from its offices located in the State of Utah, U.S.A., and the BLACK PINE WEBSITES are not intended to subject BLACK PINE to the laws or jurisdiction of any state other than Utah, or any country other than the United States. Unless otherwise specified, materials made available through the BLACK PINE WEBSITES are presented solely for the purpose of providing services and promoting products available in the United States. BLACK PINE makes no representation or warranty that any BLACK PINE WEBSITE, in whole or in part, or any products, services, or materials made available through the BLACK PINE WEBSITES, are appropriate or available for use in other locations. Those who choose to access the BLACK PINE WEBSITES from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.

9. Links to or From Other Sites.

Except as otherwise expressly stated by BLACK PINE on a BLACK PINE WEBSITE, BLACK PINE is not affiliated or associated with operators of any third party websites that link to or are linked from the BLACK PINE WEBSITES. BLACK PINE expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the BLACK PINE WEBSITES. We cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from the BLACK PINE WEBSITES because these third party sites are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.

YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

BLACK PINE shall have the right, at any time and at its sole discretion, to block any links to the BLACK PINE WEBSITES through technological or other means without prior notice.

10. Disclaimer.

THE BLACK PINE WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. BLACK PINE MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE BLACK PINE WEBSITES. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. BLACK PINE MAKES NO REPRESENTATION OR WARRANTY (A) THAT THE BLACK PINE WEBSITES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE BLACK PINE WEBSITES WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT THE BLACK PINE WEBSITES OR THE SERVERS OR NETWORKS THROUGH WHICH THE BLACK PINE WEBSITES ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

While we try to maintain the integrity and security of the BLACK PINE WEBSITES and the servers from which the BLACK PINE WEBSITES are operated, the BLACK PINE WEBSITES may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the BLACK PINE WEBSITES. If you become aware of any unauthorized third party alteration to the BLACK PINE WEBSITES, contact us at BLACK PINE, 1880 West 1500 South, Salt Lake City, UT 84104 or email to Justin@oxzenmedia.com with a description of the material(s) at issue and the URL or location on the applicable BLACK PINE WEBSITE where such material(s) appear.

11. Limitation of Liability.

IN NO EVENT SHALL BLACK PINE, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE "BLACK PINE ENTITIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) THE BLACK PINE WEBSITES, OR (C) YOUR USE OF OR INABILITY TO USE THE BLACK PINE WEBSITES, IN EACH EVENT, EVEN IF BLACK PINE OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. BLACK PINE IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. BLACK PINE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, DISPARAGING, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS, INCLUDING BUT NOT LIMITED TO IN CONNECTION WITH ANY CONTENT POSTED OR SUBMITTED TO THE BLACK PINE WEBSITES BY ANY THIRD PARTY. IN NO EVENT SHALL BLACK PINE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THE BLACK PINE WEBSITES, OR YOUR USE OF OR INABILITY TO USE THE BLACK PINE WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE BLACK PINE WEBSITES.

12. Indemnification.

You will indemnify, defend, and hold the BLACK PINE ENTITIES harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the "Claims"): (a) your use of, inability to use, or activities in connection with the BLACK PINE WEBSITES; (b) any violation of this Agreement or any other BLACK PINE terms, conditions or policies by you or through any account you may have with any BLACK PINE WEBSITE; (c) any Transaction; (d) any allegation that any Submission or other materials that you make available through the BLACK PINE WEBSITES infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any BLACK PINE WEBSITE visitor, user, or customer, or any other third party; and you agree to reimburse the BLACK PINE Entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claim(s).

13. Termination and Enforcement.

This Agreement is effective until terminated by BLACK PINE. You agree that BLACK PINE, at its sole discretion, may terminate your access to or use of the BLACK PINE WEBSITES, at any time and for any reason, including without limitation if BLACK PINE believes that you have violated or acted inconsistently with the letter or spirit of this Agreement (including but not limited to your failure to comply with the rules of conduct set forth in Section 4 above). Upon any such termination, your right to use the BLACK PINE WEBSITES will immediately cease. You agree that any termination of your access to or use of the BLACK PINE WEBSITES may be effected without prior notice and that BLACK PINE may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that BLACK PINE shall not be liable to you or any third party for any termination of your access to the BLACK PINE WEBSITES or to any such information or files, and shall not be required to make such information or files available to you after any such termination. BLACK PINE reserves the right to takes steps that BLACK PINE believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of the BLACK PINE WEBSITES and/or a third party claim that your use of the BLACK PINE WEBSITES is unlawful or violates such third party's rights).

14. Claims of Copyright Infringement.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on a BLACK PINE WEBSITE infringe your copyright, you (or your agent) may send BLACK PINE a notice requesting that BLACK PINE remove the materials or block access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send BLACK PINE a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to David C. Reymann, Parr Brown Gee & Loveless, P.C., 185 South State Street, Suite 800, Salt Lake City, Utah 84111, (801) 532-7840, dreymann@parrbrown.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.

15. Filtering.

Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following two sites: GetNetWise (http://kids.getnetwise.org) and OnGuard Online (http://onguardonline.gov). Note that BLACK PINE does not endorse, support or approve any of the products or services listed at such site.

16. Information or Complaints.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the BLACK PINE WEBSITES, please send an email to justin@oxzenmedia.com. You may also contact us by writing to BLACK PINE Denim, 1880 West 1500 South, Salt Lake City, UT 84104, attention Vice President of Operations, or by calling us at (801) 978-2653. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.

17. Governing Law and Mandatory Venue.

Mandatory and exclusive jurisdiction and venue of any claim, dispute, matter, controversy, or action that arises out of or relates to this Agreement, including tort, equitable, injunctive, and extra-contractual claims, shall be solely in the federal and state courts situated in Salt Lake County, State of Utah, U.S.A., to the exclusion of all other venues and fora. You hereby waive any objection in such actions based on venue or forum non conveniens. The law of the State of Utah shall govern all matters relating to or arising from this Agreement or the breach thereof, including claims at law or equity, contract-based, tort-based, and/or otherwise, without regard to principles of conflicts of laws. The institution of an action or proceeding by a you against the Company in another venue or forum in violation of this provision shall be a material breach of this Agreement causing the Company irreparable harm, and you agree that the Company shall be entitled to temporary, preliminary, and permanent anti-suit injunctive relief to enforce this provision.

18. Miscellaneous.

If any provision of this Agreement shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Any provision so deemed unenforceable shall be reformed to effect the intentions of the parties to this Agreement to the maximum extent possible under the governing law. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and BLACK PINE. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This Agreement, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and BLACK PINE relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and BLACK PINE relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) to any BLACK PINE WEBSITE, by email, or by regular mail, at BLACK PINE's discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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