Last Updated: January 1, 2015
Membership & Eligibility
Membership to the BlackPearlUSA.com VIP Program (“Membership”) is limited to individuals only and is limited to one account per individual. Employees, officers, directors, agents and representatives of BlackPearlUSA.com. (“Black Pearl USA”) are eligible for Membership but may be excluded from certain promotions. You must be age 13 years or older and a legal resident of the United States or Canada to be eligible for Membership. Eligible minors must obtain their parent’s or legal guardian’s consent prior to participation.
By submitting an application for the BlackPearlUSA.com VIP Program (the “Program”), you agree (or, if you are a minor, your parent or legal guardian agrees) to be bound by these terms and conditions. NO PURCHASE IS NECESSARY TO BECOME A MEMBER. The Program is void where prohibited by law.
Affiliates of BlackPearlUSA.com (e.g. Black Pearl USA) may also have similar customer programs; membership in the VIP Program does not confer any rights or benefits in the program of any other Black Pearl affiliate.
By submitting an application for the Program, you agree (or, if you are a minor, your parent or legal guardian agrees) to receive advertising, marketing materials and other communications from BlackPearlUSA.com. By signing up to join the VIP program, you will automatically be subscribed to receive two VIP emails per month. If you do not wish to receive these communications, you can request that they be discontinued by updating your client profile at www.BlackPearlUSA.com. or by calling 1 (844) 560-7249.
If you choose to use Black Pearl USA’s VIP Pass in the Passbook application on your Apple mobile device, you will receive notifications that may be based on your personal information, including your accumulated VIP points, rewards status, birthday and/or your device’s location, and you must opt out of these notifications or location-based services on the back of the BlackPearlUSA.com VIP Pass if you do not wish to receive these notifications or allow the Pass to use your location to send you location-based notifications. In addition, your email address and VIP status, point balance and any VIP rewards earned will be displayed on the BlackPearlUSA.com VIP Pass on your Apple mobile device, so please consider this before downloading the BlackPearlUSA.com VIP Pass.
Changes, Termination And/Or Removal From Program
Black Pearl may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for Membership, or any other feature of the Program or may terminate the Program any time at its sole discretion, without prior notice.
BlackPearlUSA.com reserves the right to exclude individuals from the Program in its sole discretion. Any abuse of the Program, failure to follow any terms of the Program, Membership inactivity for more than 24 months, any misrepresentation or any conduct detrimental to the interests of Black Pearl USA may subject members to Membership revocation and will affect eligibility for further participation in the Program. If your Membership is revoked, any points in your account will automatically expire. Black Pearl USA reserves the right to make changes to its Web site, and these disclaimers, terms and conditions at any time. It is your responsibility to check or review these terms and conditions from time to time to keep informed of any changes.
Limitation of Liability
BLACK PEARL USA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON BLACK PEARL USA’S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM BLACK PEARL USA AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.
All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is Copyright (c) 2015, BlackPearlUSA.com, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all Program content is the exclusive property of BlackPearlUSA.com and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of BlackPearlUSA.com or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials – including reproduction, modification, distribution, republishing, transmission, display or performance – without the prior written permission of BlackPearlUSA.com is strictly prohibited.
BlackPearlUSA.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of BlackPearlUSA.com and may not be used in connection with any product or service that is not offered by BlackPearlUSA.com in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BlackPearlUSA.com. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
The Program is created and controlled by BlackPearlUSA.com in the State of California, U.S.A. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. You hereby consent (or, if you are a minor, your parent or legal guardian hereby consents) to the exclusive jurisdiction of courts located in the State of California in all disputes arising out of or relating to these terms and conditions or the Program.
Additional Information on the Program
If you have any questions regarding the Program, you may email or call Info@blackpearlusa.com 1 (844) 560-7249.