TERMS AND CONDITIONS

General/Overview

This website is owned and operated by and on behalf of Emmanuelcorp LLC “DBA” Teamblack.com. Throughout the website, the terms “we”, “us” and “our” refer to Teamblack.com. The following Terms and Conditions apply to any access to products, services, and programs available from Teamblack.com and the relationship between Teamblack.com and you, the user.  BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AND THAT ANY SUCH ACCESS OR USE IS UNDERTAKEN AT THE USER’S OWN RISK. Teamblack.com recommends that you read through all the Terms and Conditions carefully. This User Agreement constitutes a legally binding agreement between you and Teamblack.com.

Teamblack.com reserves the right to change or modify any of the Terms and Conditions contained herein or any policy or guideline of the Teamblack.com website, at any time and in its sole discretion without any notice. Therefore, you should review these Terms and Conditions for changes each time you visit the website.  If you have any questions or concerns about our Terms and Conditions, please contact us at info@teamblack.com. Your continued use of this website and the services following our posting of any changes will constitute your acceptance of such changes. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR ANY MODIFICATION, DO NOT REGISTER OR CONTINUE TO USE THE SERVICES OR THIS WEBSITE.

The information on the Teamblack.com website, such as “Strategy”, “Help”, or “How it Works” etc., are intended only as recommendations and are not intended as rules or guidelines.  Teamblack.com disclaims to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on such materials by any visitors to our website or by anyone who may be informed of any of its content.  

Eligibility

By accepting the Terms & Conditions and/or registering with Teamblack.com, you confirm that you are at least 18 years of age and can enter into legally binding contracts under applicable law for the purchase of goods or services.

Teamblack.com employees and their family members (defined as parents, spouse, siblings and children) and any persons residing in the same household as Teamblack.com employees may not under any circumstances participate in Teamblack.com auctions.

Teamblack.com products and services are offered to private users only and not to commercial or semi-commercial retailers.

You must reside in the United States of America. All items purchased on this site may only be delivered to the United States.

Registering

You may not register for more than one account on Teamblack.com. Persons that register more than one account on Teamblack.com are subject to immediate closure of all their accounts without warning and without refund of any bid credits or won auctions that have not been checked out. In registering and using Teamblack.com, you are agreeing not to have more than one account.

You must not provide misleading information when registering. You may not collude to exchange information with other Teamblack.com users.

During the registration process, you must choose a user name. Usernames may not be offensive or selected to deceive other users, may not convey the appearance of affiliation with Teamblack.com, may not offend common decency or infringe upon the rights of third parties and may not advertise for other websites or services. If Teamblack.com receives information that your username is illegal or in breach of these Terms and Conditions, Teamblack.com in its sole discretion may suspend your user account until you change the user name. Teamblack.com may also close your account without prior notice for violating these Terms and Conditions

You are solely responsible for maintaining the security of your personal information, including, without limitation, account and login information, passwords, and financial information.Teamblack.com will only ask for your password during login. You are responsible for keeping your user account password confidential. You may not disclose your password to any third party and are solely responsible for any use of or action taken under your password on this website.  User accounts are non-transferable. If your password is compromised or otherwise disclosed, you must change your password to minimize your risk of loss.

Bid Purchases

Bids must be purchased in advance in the form of “Bid Packages”, at the then current prices listed on our website. Teamblack.com reserves the right to, from time to time, in its sole discretion, change the price of bids. Teamblack.com also reserves the right to offer different size bid packages at different times.

Should a payment not be honored for a user, a returned payment fee will be charged. The user shall be solely responsible for these fees. Teamblack.com reserves the right to block access to the user until all payment obligations are met, including any fees due to returned payment etc. Teamblack.com may also withhold any outstanding deliveries until payment is received in full.

Bids are not transferable and/or assignable. Teamblack.com will from time to time award some users who use the website with free bids. The number of free bids awarded/not awarded is determined solely by Teamblack.com on an account by account basis.

Referrals

Teamblack.com offers free bids to users who refer new users who purchase a bid package. Teamblack.com reserves the right to review each referral for possible fraud.  Abuse of the referral program may result in the termination of the user’s account.

Bid Expiration

Bids held in user accounts must be used within one (1) year from the day that the bids have entered the account through purchase, auction win or item exchange. If the bids have not been used within that time, they will expire and be permanently removed from the account.

Bidding

Users can place bids by manually clicking the “BID NOW” button or by using the automated bidding tool called “Teammate”.

Using the “Teammate” is an effective way to participate in an auction without constantly monitoring the item.  The Teammate will help to ensure that bids are placed automatically on the item selected while you are away from the auction. Teamblack.com does not guarantee the precision of the Teammate feature and Teamblack.com may not be held responsible for any Teammate software errors of commission or omission.  More information about the specific functions of the Teammate can be found in the “How it works” section.

No user may use any bidding software or bots not authorized by Teamblack.com, and any breach thereof will result in the user’s immediate disqualification from any further use of our services, and immediate closure of your account without a refund.

A user placing a bid in an active auction raises the price of the item by $0.01 and one bid credit will be deducted from your account with each bid placed. When the auction timer has less than 11 seconds remaining in the auction, between 10 to 30 seconds will be added to the timer when a bid is placed. Users should be aware that the timer available to the user is an approximation, which may be affected by network delays. The final decision of when an auction closes will be based on the timer used by Teamblack.com server(s). An auction ends when the timer on the Teamblack.com server(s) hits zero and the winner of the auction is the highest bidder.

You may not obtain any money in exchange for bids, as bids are a limited license to participate in Teamblack.com auctions and have no monetary value.

Win Limits

To ensure fairness for all Teamblack.com users we have established certain win limits per account. One person is limited to winning three (3) auctions per day, six (6) per week and a total of twenty (20) auctions per month unless otherwise stated. Violation of the winning limit may result in the forfeiture of all bids placed during the auction as well as the forfeiture of any products won. Teamblack.com reserves the right to change the won auction limit at any time without prior notice.

Buy Now Option

Auctions may offer a “Buy Now” feature.  “Buy Now” will allow a user to purchase an auction item for the listed “Buy Now” price on the details page of each auction. The user agrees and acknowledges that the “Buy Now” price shall be deemed the final auction price and that once the “Buy Now” option has been selected he/she shall be responsible for purchasing the item at the “Buy Now” price plus any applicable taxes and shipping costs regardless of any bids placed up to that point and will be charged accordingly.

Account Termination

Teamblack.com reserves the right to temporarily or permanently terminate your account at its sole discretion, if it determines that you have violated its Terms and Conditions, any laws, or the rights of our other users or third parties. Examples of the foregoing include, but are not limited to, the use of unauthorized third-party bidding or bid tracking software, the creation of multiple accounts by the same individual or other fraudulent account activity or behavior. Teamblack.com reserves the right to cancel unauthorized Teamblack.com account or accounts that have been inactive. By using Teamblack.com you are agreeing that if Teamblack.com in good faith and in its sole discretion, determines that you have violated these Terms and Conditions, it may withhold, cancel, or otherwise retain all your pending deliveries.

Acceptance of the Win / Payment

Teamblack.com accepts the following credit cards: Visa, Master Card, American Express and Discover. PayPal is our credit card processor.  Users do not need a PayPal account to pay for services from Teamblack.com.  You may however use a PayPal account to pay for services if you choose to do so.

After an auction has ended, the last bidder (the “winner”) must go to “My Unpaid Items” located in “My Account”. Click the “Pay Now” link and select a payment method to make payment.  Information on the total price (auction price and any applicable shipping/handling costs and taxes) will be displayed. The user pays the total price for the item by following the steps indicated on that page. A congratulatory email will also be sent to the highest bidder (the “winner”) after the auction has ended which will include a link to pay for the product. As soon as the winner has paid the total amount reflected on the ‘payment page’, the win is accepted.

The user must pay the total price (auction price and any applicable shipping/handling costs and taxes) within three (3) days of the auction end date. If payment is not made within three (3) days of the auction date, Teamblack.com may withdraw the offer to conclude the order and permanently revoke the winner’s right to pay for and receive delivery of an item. All bids placed in the auction are non-refundable. The item will not be sent to you until the total price has been paid to Teamblack.com.

If the user has not paid for bids that have already been purchased, payments received shall be viewed as payment toward the bids not yet paid for, and a right of retention shall be exercised with regards to the item purchased at auction until all bids and the total price have been paid in full. If the user chooses to pay for the item by credit card and the sales price is lower than $1, then the price will be rounded up to $1.

Orders shipped to Texas are subject to sales tax (when applicable). To comply with federal tax laws, for “Buy Now” orders like other auction wins, the tax is based on the final price.

Product Descriptions

Teamblack.com strives to ensure accuracy of all content and listings on its website. However, Teamblack.com does not warrant that product descriptions or other content of this website are accurate, complete, reliable, current, or error-free. If a product offered by Teamblack.com is not as described, your sole remedy is to return the item unused in its original condition and packaging. Teamblack.com must be contacted before any item is sent back to prevent further delay.

Special Promotions

Any special promotions by Teamblack.com will be valid only if they are announced on Teamblack.com website. Certain promotions may only be valid for a limited time only, with details announced by Teamblack.com. Once the advertised time limit of any such promotion has passed, or the relevant auction or auctions have ended, the promotion is also finished.

Shipping and Delivery

Deliveries are made solely within the 50 states of the United States and Washington D.C. (explicitly excluding the U.S. sovereign territories of Guam and the U.S. Virgin Islands and other areas subject to change). Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii.

All items purchased from Teamblack.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery of the item by Teamblack.com to the carrier. Unless otherwise stated, delivery will be made directly from our warehouse or third party vendor to the shipping address provided by you.

Delivery times vary therefore any delivery time indicated is provided only as a guide and is not guaranteed.  A tracking number will be sent to you once your order is shipped and is subject to the shipper’s rules and policies. Please contact our customer service department at customerservice@teamblack.com if an item is not delivered within the time indicated so that we can work with you to address the issue. Teamblack.com shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer.  Obvious damage to the item from transport or packaging damaged during transport is to be reported to Teamblack.com upon receipt.

If Teamblack.com is not able to deliver the product purchased for any reason, Teamblack.com reserves the right to offer the winner in its absolute discretion an alternative item in the same price range or the equivalent of the item’s Manufacturer’s Recommended Retail Price (‘MSRP’) in bids so that $0.60 equals one (1) bid.

Returns / Cancellations

Teamblack.com allows customers the right to cancel or return an order in accordance with our Returns Policy.

You have the right to cancel an order prior to the item being shipped and to receive a refund of the final auction purchase price, shipping and handling, and taxes paid. After an order has been canceled, the right to purchase the item is forfeited.  An   order can be canceled by contacting customer service at customerservice@teamblack.com.

If within 14 days of delivery of an item, you decide you no longer want the item, Teamblack.com will refund you the amount that you paid for the item as well as original delivery costs, provided that the item is returned to Teamblack.com in its original packaging and is not damaged or used. Shipping and handling expenses for returns are non-refundable unless goods are found to be defective. Exceptions to the right to return are audio or video recordings, computer software that you have unsealed, custom orders and other items noted by Teamblack.com on our website. Such items are not eligible for return or refund.

If Teamblack.com incurs additional costs for insufficient postage on the return, these costs will be deducted from the refund amount Teamblack.com will remit to you.

Returns or refunds must be initiated by contacting the Teamblack.com customer service team in writing (by letter or email) within the 14-day period. The following contact details must be used: Teamblack.com 6140 Hwy 6 Ste 282, Missouri City, TX 77459, and Email: customerservice@teamblack.com.

Please note that Teamblack.com reserves the right to change its Return Policy from time to time in Teamblack.com’ sole discretion.

Limitation of Liability.

TEAMBLACK.COM WARRANTS THAT, IF A USER IS DISSATISFIED WITH THE DELIVERED PRODUCT, TEAMBLACK.COM WILL, UPON NOTIFICATION FROM THE USER TO TEAMBLACK.COM, REFUND THE PRODUCT FEE, BUT NOT THE BID PRICES PAID, AS DESCRIBED ELSEWHERE HEREIN. OTHER THAN THE FOREGOING, NO WARRANTY IS MADE BY TEAMBLACK.COM REGARDING ANY SERVICES OR PRODUCTS PROVIDED THROUGH, IN CONNECTION WITH, OR LOCATED ON TEAMBLACK.COM’S WEBSITE OR OTHER SERVICES PROVIDED BY TEAMBLACK.COM, AND TEAMBLACK.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (a) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND (b) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

ANY LIABILITY OF TEAMBLACK.COM, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR TORTIOUS BEHAVIOR, OR UNDER ANY OTHER CAUSE OF ACTION, WHETHER IN LAW OR EQUITY, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE USER TO TEAMBLACK.COM FOR THE CURRENT SERVICE PERIOD OR RETURN OF THE PRODUCT. OTHERWISE, THE SERVICE FEES (BID FEES) ARE NOT REFUNDABLE. MOREOVER, EXCEPT FOR EXPRESSLY PROVIDED HEREIN, TEAMBLACK.COM WILL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

WARNING – Seizures

Due to the flashing elements on the website, some users may experience seizures or loss of awareness or other symptoms linked to an epileptic condition, even if they have never experienced anything like this before.

Anyone who has experienced such symptoms should consult a doctor before using the website.

Teamblack.com Privacy Policy

Teamblack.com takes reasonable measures to respect the privacy of our users. Please consult the Teamblack.com Privacy Policy for information.

Disclaimer of Warranties

THE SITE AND SERVICES ARE OFFERED BY TEAMBLACK.COM, ITS AGENTS OR SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, AND DELIVERING THE SITE AND SERVICES “AS IS” WITHOUT ANY WARRANTY OR CONDITION (EXPRESS OR IMPLIED). TEAMBLACK.COM DOES NOT WARRANT THE SERVICE DESCRIBED HEREIN AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS, OR THAT THE SITE OR THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, TEAMBLACK.COM DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SITE AND SERVICES PROVIDED HEREUNDER, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.

System Outage / Temporarily Paused Auctions

A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily paused and the remaining time for the auctions, the current bidding price, and the current highest bidder will be recorded. After the disruption has been resolved, the auctions will be continued and ten minutes will be added to the remaining times for the auctions. Temporarily paused auctions are clearly indicated. Bids placed on a temporarily paused auctions will be credited back to your account. However, Teamblack.com is not responsible for any other costs incurred by you due to a system outage. Teamblack.com reserves the right to cancel auctions that end due to, but not limited to, system error, auto-bidders, technical problems, or any other reasonable reason.

With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the internet. Teamblack.com, therefore, provides no guarantee for the constant and uninterrupted availability of the website and/or other technical systems. In addition, Teamblack.com shall not be liable for any damage incurred by auction users or third parties from using Teamblack.com services. Teamblack.com shall not be liable for damage that occurs due to bids not being received byTeamblack.com, not being received promptly, or not being considered as a consequence of technical errors.

Your Indemnity

You agree to release, hold harmless, and indemnify Teamblack.com (and its employees, directors and representatives) against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by Teamblack.com, arising out of or relating to (a) the violation or breach of any term, condition, representation or warranty of these terms and conditions; (b) your use of Teamblack.com or any of the services offered by Teamblack.com; or (c) any violation of applicable law or court order by you; (d) your violation, alleged violation, or misappropriation of any intellectual property right (including, without limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party and any negligence or willful misconduct by you.

Trademarks

Teamblack.com logos are trademarks of Emmanuelcorp LLC.  All rights reserved. Any trademarks appearing on Teamblack.com are the property of their respective owners.

Service and Support for Products Purchased

All requests for technical service and support on products purchased on Teamblack.com should be made directly to the manufacturer in accordance with their Terms & Conditions.

Applicable Law

THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF TEXAS, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN TEXAS, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

Compliance with Laws

You shall at all times comply with all applicable laws and regulations regarding the use of the any services and your bidding, and purchase, of items on the Teamblack.com site. You shall indemnify and hold Teamblack.com harmless from your failure to comply. You agree that Teamblack.com shall not have to perform any obligations set forth in this Agreement if such performance would violate any present or future law, regulation or policy of any applicable government.

Use Tax – Teamblack.com is not required to collect, and does not collect, taxes outside the state of Texas. The purchases made on the site are subject to state use tax unless specifically exempt. The purchases are not exempt merely because the purchase is made over the internet, by catalog, or by other remote means. If applicable, you may find the use tax forms and corresponding instructions on the Department of Taxes website of your state.

External Links

Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.

No Agency

Teamblack.com is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this agreement. This agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.

Severability

Should any clause or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these terms shall nonetheless remain in full force and effect and, if the subject term or provision is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications. Further, if any provision of these terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of these terms shall remain in full force and effect.

Claim Limitation

You agree regardless of any statute or law to the contrary that any claim or cause of action arising out of or relating to the Site, use of any of the services of Teamblack.com, or these terms must be filed within one (1) year after such claim of action arose or be forever barred.

Waiver

Teamblack.com failure to enforce the strict performance of any provision of these terms will not constitute a waiver of Teamblack.com right to subsequently enforce such provision or any other provisions herein.

Notices

Any notice you make to Teamblack.com must be made by either e-mail or regular mail.Teamblack.com may give notice of changes to these terms or other policies applicable to the website or the services by posting a notice of them on the website.

Note:

Placing bids online at www.Teamblack.com frequently or repeatedly can result in high costs to the user. All users should monitor their bidding practices and check their charges regularly.

Entire Agreement

These terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.