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.
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.
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.
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.
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.
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.
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.
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.
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.
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