Legal PRIVACY POLICY The information we receive from you may be used by us to help process or complete a transaction, or to help improve our website and/or guest experience. By understanding our guests and their needs, we will be able to develop new products and services that better serve them. Consent. This Privacy Policy is a part of the Terms of Use. When you visit The Black Label Company, you are using The Black Label Company Services and you agree to be bound by the Terms of Use and this Privacy Policy. Some terms may be defined in the Terms of Use. This Privacy Policy only addresses activities from our servers. Other sites (including those that we link to and third party sites or services which we co-brand) may have their own policies, which we do not control, and thus are not addressed or controlled by this policy. Personal Information. "Personal Information" is information that would allow someone to identify or contact you, including, for example, your full name, address, telephone number, Social Security number, or email address. It also may include information about you (for example, your preferences) if that information is linked to information that may allow someone to identify or contact you. Personal Information does not include aggregated information that, by itself, does not permit the identification of individual persons (for example, statistics about how many persons visited our web site last month). Questions? If you have questions about this Privacy Policy, please contact The Black Label Company by email at Blakki@TheBlackLabelCompany.com. Visitors. We give Visitors the option of providing an email address and/or mailing address and we use such address information solely to send the Visitor additional information about our Services. We may share aggregated (i.e., non-personal) data about Visitor use of our site with third parties. 1. What Personal Information We Collect. Our servers may collect Personal Information indirectly and automatically (through, for example, the use of "cookies") about your activities while visiting The Black Label Company, including without limitation: (a) the pages you visit on the The Black Label Company site; (b) the date and time you access The Black Label Company; (c) the domain name of the website from which you linked directly to The Black Label Company; (d) the domain name of any websites to which you link directly from The Black Label Company. Cookies are small pieces of information stored on your hard drive, not on our site. Cookies make your internet experience quicker and more convenient and allow you to store your password without having to constantly re-enter it. Cookies also help us to tailor The Black Label Company for you or offer you a promotion. Cookies allow us to better understand how Guests use our site, which in turn helps us focus our resources on features that are most popular with our Guest. This practice is common on internet websites. If we receive a complaint about you, we may also receive Personal Information from other Guests or third parties who may communicate information to us about you in relation to that complaint. 2. Who is Collecting the Personal Information. The Black Label Company, which owns and operates the The Black Label Company web site, is the company that collects Personal Information on our site. Our email address is Blakki@TheBlackLabelCompany.com. Our Use of your Personal Information. To that end, we use your Personal Information to provide you with content and vehicle information that is tailored specifically to your interests. We also use your Personal Information to provide you with information that may be of interest to you; to personalize the site in accordance with your requests or your interests; or to contact you (if you expressly consent) to gather your feedback or your preferences. We also may use Personal Information to improve our web site. We use your information on an aggregated basis to do such things as operate our site, enhance our site, negotiate with vendors, and determine the types of vehicles and enhancements in which our Subscribers are interested. 3. Disclosure of your Personal Information. As a general practice, we do not sell your Personal Information to third parties. So, for example, we do not sell your email address or your name and personal demographic information to mass marketers. We may disclose aggregated information about our Subscribers but that information contains no Personal Information. Although your privacy is very important to us, due to legal rules beyond our control, we cannot fully ensure that your private communications and other Personal Information will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, in the unlikely event we need to investigate or resolve possible problems or inquiries, we can, and you authorize us to, disclose any information about you to law enforcement or other government officials as we are required by law. 4. Privacy Protections for Children. In order to protect the privacy interests of younger Internet users, we do not provide our Services to children under the age of 16. 5. Choices you have regarding the Collection, Use, and Disclosure of Your Personal Information. You can limit the collection and use of different elements of your Personal Information by not participating in those activities in which we collect Personal Information, as stated in Section 1. You may choose to discontinue the collection, use, and disclosure of your Personal Information by discontinuing your use of The Black Label Company. Please note that if you provide any information directly to parties other than The Black Label Company (even if those sites are showing the The Black Label Company brand or associated with The Black Label Company), different rules may apply to their use or disclosure of the Personal Information you disclose to them. We encourage you to investigate and ask questions before disclosing information to third parties. 6. Correcting, Updating and Deleting Personal Information. If you wish to delete your Personal Information, you may request that we do so by contacting guest services. Even though we may be able to delete certain aspects of your Personal Information, we must retain some Personal Information while your account is still active. However, even if a guest requests that we delete or change Personal Information, that Personal Information may still be stored on other databases (including those kept for archival purposes). 7. Our Security Procedures. Although "perfect security" does not exist on the Internet, we use industry-standard efforts such as encrypted storage to safeguard the confidentiality of your Personal Information. We hope this policy clarifies our procedures regarding your Personal Information. We may amend this policy at any time by posting the amended version on our home page. We at The Black Label Company encourage you to learn as much as you can about your privacy on the Internet. USER AGREEMENT This User Agreement ("Agreement") describes the terms and conditions applicable to your ("User") use of our Web services at The Black Label Company ("we" or "our"), including but not limited to any information obtained or provided by you through use of our web site. We may amend this Agreement at any time by posting the amended terms on our web site. 1. License Grant and Restrictions. The Black Label Company hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license for personal use of this site. You are prohibited from reverse-engineering, modifying, de-compiling, disassembling, translating or otherwise attempting to derive source code from any part of this site. 2. Ownership. "The Black Label Company" and other related graphics, logos, service marks, and trade names used on this site by The Black Label Company are the trademarks of The Black Label Company, or its suppliers and may not be used without permission in connection with any third-party products or services. All other trademarks, service marks, and trade names (including third party retailer names, product names, and brand names) used on this site are the property of their respective owners. Users are prohibited from using any Marks without the written permission of The Black Label Company or the third party which may own the Marks. All content on the Site is protected by copyright and users are prohibited from modifying or using any of the content of the Site for commercial or public purposes. You agree that you will not copy, reproduce, alter, modify, create derivative works of, or publicly display any content from the Site without the prior express written permission of The Black Label Company or the appropriate third party. 3. User Submissions. All communications, comments, feedback, bug reports, suggestions, ideas, and other submissions submitted to The Black Label Company (collectively, "Submissions") shall be and remain The Black Label Company's property with all worldwide rights, titles and interests in all copyrights and other intellectual property in the Submissions hereby assigned to The Black Label Company by you. All Submissions, as well as all communications made by you through The Black Label Company, shall not: be defamatory, trade libelous, unlawfully threatening or harassing; be obscene or contain child pornography; contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; or otherwise create liability for The Black Label Company. 6. Password. You are solely responsible for your failure to maintain the confidentiality of your account information and password. Furthermore, you are entirely responsible for any and all activities which occur under your account. You agree to immediately notify The Black Label Company of any unauthorized use of your account or any other breach of security known to you. 7. Access and Interference. Our Site requires a guest name and password for access and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. 8. Changes. The Black Label Company reserves the right to modify the Service at any time by changing this Agreement. The Black Label Company does not guarantee continuous, uninterrupted or secure access to our webservices, and operation of our Site may be interfered with by numerous factors outside of our control. 9. Privacy. Our current Privacy Policy, which is incorporated herein by reference, is available here. 10. No Warranty. WE PROVIDE OUR WEB SITE AND WEBSERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FORGOING, The Black Label Company DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION AT THIS SITE AND MAY MAKE CHANGES TO THE INFORMATION AT THIS SITE AT ANY TIME WITHOUT PRIOR NOTICE TO USERS OF THIS SITE. The Black Label Company DOES NOT WARRANT THAT USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. 11. Liability Limit. IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR WEBSERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE SUBSCRIPTION PAYMENTS YOU HAVE MADE TO The Black Label Company IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you. 12. Indemnity. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. 13. Legal Compliance. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service. 14. No Agency. You and The Black Label Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 15. General. This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary and the remaining provisions shall remain in full force and effect. If local laws prohibit your participation in any part of the Services offered on our Site then you are responsible for complying with such laws. This Agreement shall not be modified except by a written agreement dated subsequent to the date of this Agreement and signed on behalf of you and The Black Label Company by their respective duly authorized representatives. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. 16. Disclosures. The services hereunder are offered by The Black Label Company. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. (c) 2005 The Black Label Company. All Rights Reserved. "Use of this site constitutes acceptance of the The Black Label Company Terms of Use and Privacy Policy. Designated trademarks and brands are the property of their respective owners."