Terms and Conditions for BlinkSwag's Service Guidelines.

Terms and Conditions

ACCEPTANCE OF TERMS OF USE

Welcome to BlinkSwag.com (“Website”). These Terms of Use and all policies and additional terms posted on and in the Website and in our online and/or mobile applications, tools, software and services (collectively “Services”) set out the terms on which we offer you access to and use of the Services. Throughout these Terms of Use, the terms “we,” “us,” and “Blink” mean Blink Swag, a division of Blink Marketing Inc, an Ohio corporation, and any of its applicable affiliates. All policies and additional terms posted on or in any of the Services, including any amendments and any additional agreements you may enter into with Blink in connection with any of the Services, are incorporated into these Terms of Use (“Service Terms”). You agree to comply with all provisions of these Terms of Use and all applicable Service Terms when accessing or using any of the Services. If these Terms of Use are inconsistent with the Service Terms, those Service Terms will control to the extent of any such irreconcilable inconsistency.

Please read the Terms of Use carefully before you use the Services. By using the Services, or if provided a click-to-accept option, then by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use any of the Services. The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Blink. If you do not meet of these requirements, you must not access or use any of the Services.

UPDATES AND CHANGES

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of any Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

FEES, TAXES AND PAYMENTS

You may be required to have a valid payment method on file before using the Services. If there is a problem charging your selected payment method, any other valid payment method associated with your account may be charged. You agree to pay all amounts associated with your use of the Services, including all purchase prices, fees, applicable taxes, and charges by the payment due date. If we have an obligation to collect any taxes or governmental fees or charges on transactions initiated or completed through the Services, we may collect such sales taxes from you via the payment method on file with us or via any other means available to us.

You agree to pay us any applicable fees at the time such fee is payable. If you owe amounts to us, we may collect such amounts by charging any payment methods on file with us, retaining collection agencies and legal counsel, reversing any credits applied to your account, invoicing you the amounts owed which you agree are payable on receipt, offsetting any amounts that are owed to you from amounts that you owe, and requesting that your payment provider (such as PayPal) deduct the amount owed from your account balance with such provider.

We will remit all amounts we owe you in accordance with these Terms of Use and any Service Terms. You agree that we may withhold payments to you if we determine that your conducts violates, or may violate these Terms of Use, or result in returns, claims, chargebacks, disputes, or unacceptable risk to us or any person. We may continue to withhold such amounts for so long as we determine that any related risks continue. We may permanently withhold any payments to you if we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to violate the Agreement.

YOUR ACCOUNT AND PRIVACY

You may need your own account to use certain Services, and you may be required to be logged in to the account. You are responsible for maintaining the confidentiality and security of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You agree that you will only provide us with valid, complete and accurate information in connection with your use of the Services and will update that information from time to time to ensure it remains valid, complete and accurate. Blink reserves the right to refuse, modify or terminate all or part of the Services to anyone for any reason in our sole discretion. Blink further reserves the right to limit, terminate or disable accounts and/or your rights to use or access all or part of the Services, remove or edit content in its sole discretion.

Please review our Privacy Policy. Our privacy policy governs your use of the Services, and by using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

LICENSE AND ACCESS

Subject to the foregoing and your compliance with these Terms of Use and any Service Terms, Blink or its content providers grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services and as permitted by the features of the Services. This right does not include any resale of any Service or any content of such Service; any collection and use of any product listings, descriptions, prices or other information; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools or any probing, scanning or testing of the Services. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by Blink or its licensors, suppliers, publishers, rightsholders, or other content providers. In connection with accessing or using any of the Services, you agree not to do anything that would result in a violation of these Terms of Use.

Without the express written consent of Blink, you may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Services or any part of the Services. You may not interfere or attempt to interfere in any way with the Services or with any activity occurring by, on or through the Services. Without the express written consent of Blink, you may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Blink or use any meta tags or any other “hidden text” utilizing Blink’s name or trademarks. You may not misuse the Services. You may use the Services only as permitted by law and by these Terms of Use. All rights and licenses granted by Blink terminate if you do not comply with these Terms of Use or any Service Terms.

CONTENT

Subject to these Terms of Use, you may be allowed to post, submit, publish, display or transmit content (such as reviews, comments, photos, videos, suggestions, ideas, questions and other information) through the Services, (“User Content”) provided that such User Content does not include content that is false, inaccurate, misleading, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain viruses or other malicious or technologically harmful material, commercial solicitations, political campaigning, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any third party or otherwise mislead as to the origin or endorsement of any User Content. Blink, in its sole discretion, has the right (but not the obligation) to monitor, edit or remove any activity or content, including User Content, provided through the Services, but Blink does not screen or regularly review such activity or content. Blink takes no responsibility and assumes no liability for your User Content or for any content of any third party.

As between you and us, you will retain ownership of your User Content. By providing User Content, you grant Blink the right to access, copy, use, reproduce, store, reformat, adapt, modify, create derivative works of, distribute, transmit, publish, publicly display and publicly perform any such User Content for the purpose of providing the Services to you or for your benefit, including by fulfilling your order, fulfilling our obligations under these Terms, enforcing these Terms, marketing products or services to you and for such other purposes that you may permit.

As to User Content that you provide, you represent and warrant that you own or otherwise control all rights in and to that content; that such content is valid, accurate and complete; and that neither such content, nor any use of such content (including any derivative works of such content) does or will violate these Terms of Use or the rights of any third party and will not cause injury to any other person. You agree that you will indemnify Blink for all claims resulting from User Content that is provided by you or on your behalf.

If you submit or make available to us any User Content for incorporation into a design project or other creative-services project (“Project”), you agree that all rights in and to the work product for such Project, including all design and/or written copy that we prepare for you, are retained by Blink. We further reserve the right to use any such work product, including final Project products, as sample work for advertising and promotional purposes and for internal purposes and you irrevocably grant us all rights and licenses necessary or useful for us to benefit from the foregoing. All Projects may be subject to separate Service Terms in addition to these Terms of Use.

You understand and agree that the Services include content provided or made available by third parties, such as product listings, product descriptions and other materials. Any third-party content available through the Services is solely the responsibility of the person providing that content and such content does not reflect the opinion of Blink or act as an endorsement by Blink. Blink is not responsible or liable for content available through the Services. Blink does not warrant that product listings, product descriptions or other content available through any Service is accurate, complete, reliable, current, or error-free, and Blink disclaims all liability and responsibility arising from any reliance placed on such content by you or any third party.

UPDATES TO THE SERVICES

We reserve the right to withdraw, amend or discontinue all or part of the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to all or some parts of the Services. Although we may update the Services from time to time, but any content available through the Services is not necessarily complete or up-to-date. Any of the content available through the Services may be out of date at any given time, and we are under no obligation to update such content.

PURCHASES

As part of the Services, you may be able to submit purchase orders for products available through the Services. Purchase orders are not accepted until we notify you that your order has been accepted, and all such purchases are subject to separate fees and may be subject to a separate agreement with Blink and/or separate agreements with third parties who are responsible for completing, delivering or otherwise fulfilling your order. We do not control such third-parties and your order may be affected by circumstances outside of our control. While we will use all reasonable efforts to ensure orders are delivered within the estimated delivery timeframes, we are not responsible or liable for any shipping delays. You agree to hold us and any such third-parties harmless from and against any loss, cost or expense in connection with purchases through the Services. We do not warrant that product images or product descriptions or other content of the Services is accurate, complete, reliable, current, or error-free. Unless specifically noted, prices are referenced in United States Dollars and do not include taxes or surcharges. Actual prices may vary from prices presented and will be finalized once an order is submitted. All orders are made pursuant to a shipment contract unless expressly noted otherwise, meaning that the risk of loss and title for such items pass to you upon delivery to the carrier. If permitted by the applicable jurisdiction, we will assist with customs clearance, otherwise you assume all risks and responsibilities for import clearance and duties. Once an order is placed, orders cannot be changed or cancelled unless otherwise noted. Returns may be permitted if the product is defective, the incorrect quantity is received or, as determined in our discretion, is materially nonconforming and such nonconformance is not attributable to you. Unless otherwise stated, returns must be initiated within 5 days of receipt by notifying us and specifying the reason for the return, in which case, we will, at our option, either replace the product, including reprinting the product if appropriate, or refund the purchase price, such remedies being your sole remedies for any defective or nonconforming product, and excluding, to the fullest extent permitted by law, any other remedy available by law.

COPYRIGHT AND TRADEMARK

The Services, including any content included in or made available through any Service, such as features and functionality (including all information, software, text, displays, images, video, audio, and data compilations as well as the design, selection, and arrangement of any of them) are owned or licensed by Blink, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Blink name and logo, and all related names, logos, product and service names, designs, scripts and slogans are trademarks or trade dress of Blink or its affiliates or licensors in the United States and other countries and may not be used in any manner that is likely to cause confusion or in any manner that disparages or discredits Blink or its affiliates or licensors. All other trademarks not owned or licensed by Blink are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Blink.

TRANSACTION LIMITS

We may impose limits on transactions (including by number and dollar figure) initiated through the Services that we determine are appropriate to comply with applicable law or protect our interests or the interests of third parties. We will not be liable to you or any person for transactions that are not completed as a result of any exceeded transaction limits.

LINKING FROM THE WEBSITE

The Services may contain links to other websites and resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Blink has no control over the contents of those sites or resources (including their products) and accept no responsibility for them or for any loss or damage that may arise from your use of them or for any transaction you conduct with those third parties. If you decide to access any of the third-party websites, or complete a transaction with any third party, you do so entirely at your own risk and subject to the privacy policies and the terms and conditions of use for such websites.

GEOGRAPHIC RESTRICTIONS

Blink makes no claims that all or any part of the Services are accessible or appropriate outside of the United States. Use of, or access to, the Services may not be legal by certain persons or in certain countries. In accessing or using the Services, you are doing so on your own initiative and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country under sanctions or embargoes administered by any applicable government authority or are a foreign person or entity blocked, denied or restricted by any applicable government authority, and you may not export, re-export or transmit, whether directly or indirectly, any commodities, software or technology to any person or country subject to such sanctions, embargoes or restrictions. Unless otherwise explicitly stated, the Services, and all materials available through the Services, are solely directed to persons located in the United States.

INTELLECTUAL PROPERTY INFRINGEMENT

Blink respects the intellectual property of others. If you believe that your intellectual property is being infringed, please you may send us a written claim of copyright infringement to us as follows: Blink Marketing Inc, Attn: Legal Department, 1925 St. Clair Ave NE, Cleveland, OH 44114; phone: 888-670-7924. Written claims concerning copyright infringement must include the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Blink (and our affiliates and our and their respective officers, directors, employees and agents) from and against any claim or demand, including any losses, damages, costs, fees (including reasonable attorneys’ fees) arising out of or relating to any violation of these Terms of Use, any improper use of the Services or any breach of any law or right of a third party, in each case, whether by you or on your behalf, including by any person accessing or using your account.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY

THE SERVICES AND ALL INFORMATION, CONTENT, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”. BLINK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PROVIDED BY LAW, BLINK DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLINK DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PROVIDED BY LAW, BLINK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BLINK SERVICE, OR FROM ANY INFORMATION, CONTENT, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH ANY BLINK SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if Blink is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100.

LIMITATION ON TIME TO FILE A CLAIM

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

GOVERNING LAW

You agree that the Services shall be deemed solely based in Ohio and shall be deemed passive that do not give rise to personal jurisdiction over Blink, either specific or general, in any jurisdiction other than Ohio. You agree that the internal laws of the state of Ohio will govern any dispute of any sort that might arise between you and Blink without regard to principles of conflict of laws or the Convention on Contracts for the International Sale of Goods. You agree to submit to the personal jurisdiction of the federal and state courts located in the city of Cleveland, Cuyahoga County, Ohio for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights. If you are a consumer, this agreement does not exclude any rights you may have under the consumer laws of your jurisdiction.

DISPUTES

Any dispute or claim relating in any way to the Services or to any products or services sold or distributed by us or through theWebsite will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court that is a state or federal court in city of Cleveland, Cuyahoga County, Ohio if your claims qualify or to seek injunctive or other equitable relief.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of the agreement as a court would. Before you may begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at 1925 St. Clair Ave NE, Cleveland, Ohio, Attn: Legal Department. The arbitration will be conducted by the American Arbitration Association (AAA) under its consumer arbitration rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. An award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights or other proprietary rights.

All claims must be brought in a party’s individual capacity, and not in a class, consolidated or representative action, and, unless we agree otherwise, the arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If a claim proceeds in court rather than in arbitration both parties agree to waive any right to a jury trial.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

GENERAL

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such entity and bind the entity to these Terms of Use. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and us by these Terms of Use.

No waiver by Blink of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Blink to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

You agree that we may provide all legal communications and notices to you electronically by posting them on the Website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered an account at the Website. You may withdraw your consent to receive communications from us electronically by contacting us.

These Terms of Use, any Service Terms, our Privacy Policy, and any other agreements you may enter into with Blink in connection with any Service shall constitute the sole and entire agreement between you and Blink regarding the Services.

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

The following Sections survive any termination of these Terms of Use: Acceptance of Terms of Use; Fees, Taxes and Payment; Content; Copyright and Trademark; Indemnification; Disclaimer of Warranties, Limitation of Liability; Limitation on Time to File a Claim; Governing Law; Disputes; and General.

What information do we collect when you visit our website?

When you order or register from our website, you’ll be asked to enter your name, email address, mailing address, phone number, payment information, and other information to help you with your experience on our site.

When is the information collected?

We collect the information whenever you place an order and fill out forms. We also collect information when you respond to our survey or marketing communication or while surfing the website.

How is your information protected?

We scan our websites regularly to avoid any security loopholes and protect from any vulnerabilities. We want to make your visit to our website as safe as possible. Your information is kept on secured networks and is accessed by authorized personnel only to keep the information confidential. Also, all the transaction information is encrypted with SSL (Secure Socket Layer) technology. We use a gateway provider; therefore, no transactions are stored or processed on our servers.

Do we use cookies?

No, we currently do not use cookies on our website.

Third Party Disclosur

We do not sell, trade or transfer any personal information we acquire from you to outside parties.

Third Party Links

We do not use third party links on our website.

California Online Privacy Protection Act

As the first state law in the nation, CalOPPA requires commercial websites and online services to post a privacy policy. This law’s reach is beyond California and requires any person or company in the USA to post a conspicuous privacy policy. Under this act, we agree to the following:

Users can visit the site anonymously
Once the privacy policy is created, a link to it has to be added on the homepage or on the first significant page upon entering the site.
The Privacy Policy link has the word “privacy” and is easily accessible on the page specified.
You’ll be informed of the changes made on the privacy policy through the following:
On the privacy policy page
You can have your personal information changed by:
Emailing us
Calling us

Fair Information Practices

Fair Information Practices is the backbone of privacy law in the USA. Their concepts have played a significant role in the development of data protection laws around the world. Understanding these practices is important.

To comply with the Fair Information Practices, we will take the following steps in case of a data breach:
We will notify the users via in-site notification within 7 business days.

Description of Services

This Site and services are provided by BlinkSwag.

BlinkSwag is an online solution that makes managing your local marketing easier. BlinkSwag provides a wide range of marketing services and products – your access to these services and products is determined by the Network Sponsor(s) you are connected to within the Engine. These services and products may change at any time, at our discretion, with or without notice.

Pricing

BlinkSwag may, in its sole discretion, add, delete or change the pricing of its products and services at any time and without notice. All pricing, including costs and taxes, are quoted in Embroidery, Print Collateral and Custom Manufactured Items: Due to the custom nature of embroidery or customized items, we cannot accept returns or exchanges unless the item has a clear manufacturer or embroidery defect.

Proofing Customized Marketing Material

After marketing materials have been proofed and approved by you, BlinkSwag employs a strict no-refund policy. Since you customize every part of your artwork for your marketing communications, it is important to review your submission, and if relevant, the proof carefully before you submit your request through the Application Services. BlinkSwag will not be responsible for your negligence in proofing materials. In the event you receive marketing materials from BlinkSwag which looks substantially different than your proof, BlinkSwag, at its sole discretion, will remedy the error by (i) re-producing the job correctly, or (ii) issuing a credit to a future job of the same manufacturing/electronic specifications.

Non-Customized Marketing Material

BlinkSwag manages non-customized, inventoried marketing material available for ordering. In the event you would like to return an item, a full refund will be given provided the return ship-date on the item is within 30 days of original receipt of the item and the item is in its original packaging.

Limitation of Liability

BLINKSWAG, ITS OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, VENDORS, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THIS AGREEMENT, ITS TERMINATION, AND/OR RESULTING FROM ANY (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES WITH BLINKSWAG’S SERVICES AND PRODUCTS; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF BLINKSWAG’S SECURE SERVERS AND/OR ANY PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREON, AND (III) ANY INTERRUPTION OR CESSATION OF BLINKSWAG’S SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU HEREBY WAIVE ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE YOU OF AN ADEQUATE REMEDY.
WITH RESPECT TO ERRORS, MISTAKES, OMISSIONS OR INACCURACIES WITH BLINKSWAG’S SERVICES AND PRODUCTS, AND THAT ARE NOT CONTAINED IN A PROOF APPROVED BY YOU, BLINKSWAG’S LIABILITY FOR ANY CAUSE WHATSOEVER, WHETHER ARISING UNDER THIS AGREEMENT OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES AND/OR PRODUCES THAT WERE PROVIDED WITH ERRORS, MISTAKES, OMISSIONS OR INACCURACIES. YOU AGREE TO LOOK SOLELY TO BLINKSWAG’S INSURANCE TO COVER ANY AND ALL LOSSES, DAMAGE, LIABILITY, AND EXPENSES ARISING OUT OF ANY SUCH ERRORS, MISTAKES, OMISSIONS OR INACCURACIES. YOU AGREE TO WAIVE ALL RIGHTS OF SUBROGATION WHICH YOUR INSURER(S) MAY ACQUIRE BY VIRTUE OF THE PAYMENT OF ANY LOSS, DAMAGE, LIABILITY AND/OR EXPENSE UNDER SUCH INSURANCE. IT IS THE INTENT OF BLINKSWAG AND YOU TO COVER BY INSURANCE THE LIABILITIES ARISING OUT OF ANY ERRORS, MISTAKES, OMISSIONS OR INACCURACIES WITH BLINKSWAG’S SERVICES OR PRODUCTS.