Blue Ink Technology

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Blue Ink Tech Terms of Service

Updated: November 10, 2017

This page describes our Terms of Service which is a legal agreement between you ("you", "your") and Blue Ink Technology, Inc. ("Blue Ink Tech", "BIT", "we", "our", or "us") and govern your use of Blue Ink Tech's services, including mobile applications, websites, software, hardware, and other products and services (collectively, the "Services"). If you are using the Services on behalf of a business, that business accepts these terms. By using any of the Services you agree to these Terms of Service and any policies referenced within ("Policies"), including terms that limit our liability and require individual arbitration for any potential legal dispute. You should read all of these terms carefully.

1. Privacy

You agree to Blue Ink Tech's Privacy Policy, which explains how we collect, store, use, disclose, and manage your data that you provide to us.

2. Account Registration

You must open an account with us (a "BIT Account") to use the Services. During registration we will ask you for information, including your name and other personal information. You must provide accurate and complete information in response to our questions, and keep that information current. You are fully responsible for all activity that occurs under your BIT Account, including any actions taken by persons to whom you have granted access to the BIT Account. We reserve the right to suspend or terminate the BIT Account of any user who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.

3. Revisions and Notices

We may amend the Terms of Service or our Policies at any time by posting the revise version on our website or communicating it to you through the Services (each a "Revised Version"). The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute (defined below) that arose before the changes will be governed by the Terms of Service or Policies in place when the Dispute arose.

We may need to provide you with communications, notices, agreements, billing statements, or disclosures ("Communications") regarding our Services. By using the Services you confirm your ability and consent to receive Communications electronically, rather than in paper form, and to the use of electronic signatures in our relationship with you ("Consent").

Under this Consent, BIT may provide all Communications electronically by email or by making them accessible via BIT websites or applications. Communications include, but are not limited to, (1) agreements and policies required to use the Services, (2) payment authorizations and transactions receipts or confirmations, (3) account statements and history, (4) and all federal and state tax statements and documents. We may also use electronic signatures and obtain them from you.

Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four hours of the time posted on our website, or within twenty-four hours of the time emailed to you unless we receive notice that the email was not delivered.

If you are not able to receive electronic communications you may need to terminate your BIT Account.

4. Restrictions

You may not, nor may you permit any third party, directly or indirectly, to:

a. export the Services, which may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII);

b. access or monitor any material or information on any BIT system using any manual process or robot, spider, scraper, or other automated means;

c. export to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitation of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, decipher, disassemble, or otherwise reverse engineer the Services;

d. perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;

e. copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell, or distribute in any way material, information or Services from BIT;

f. use and benefit from the Services via a rental, lease, timesharing, service bureau, or other arrangement;

g. transfer any rights granted to you under these Terms of Service;

h. use the Services in a way that distracts or prevents you from obeying traffic or safety laws;

i. use the Services for any illegal activity or goods or in any way that exposes you, other BIT users, our partners, or BIT to harm;

j. otherwise use the Services except as expressly allowed under these Terms of Service;

k. use the Services if you do not accept these Terms of Service;

l. access, tamper with, or use non-public areas of the Service, computer systems or technical delivery systems of BIT's providers; or

m. attempt to probe, scan, or test the vulnerability of any BIT system or network or breach any security or authentication measures.

If we reasonably suspect that your BIT Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your BIT Account, and your use of the Services and your data with law enforcement.

5. Compatibility

We do not warrant that the Services will be compatible with your mobile device or cellular carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer's software or hardware guidelines, including disabling hardware or software controls: referred to as "jail broken".

6. Your Content

The Services may include functionality for uploading or providing images, logos, products, loyalty programs, promotions, advertisements, data, records, location information, vehicle data, driver logs, inspection reports, messages and other materials or information ("Content").

You grant us and our subsidiaries, affiliates, third party service providers, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media in order to provide and promote the Services. You retain all rights in your Content, subject to the rights you granted to us in these Terms of Service. You may modify or remove your Content via your BIT Account or by terminating your BIT Account, but your Content may persist in historical, archived, or cached copies and versions thereof available on or through the Services.

You assume sole responsibility for your Content and for complying with all federal and state regulations including the FMCSA's Hour of Service rules for commercial drivers.

You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that:

a. is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory;

b. encourages conduct that would be considered a criminal offense or gives rise to civil liability;

c. breaches any duty toward or rights of any person or entity, including rights of publicity, privacy, or trademark;

d. contains corrupted data or any other harmful, disruptive, or destructive files;

e. advertises products or services competitive with BIT's or its partners' products and services, as determined by us in our sole discretion; or

f. in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose BIT, its affiliates or its customers to harm or liability of any nature.

Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.

When you share your Content through our Services, you are granting us the necessary rights and licenses to do so. This includes Content you may share with government officials and/or motor carriers. When you share your Content with a motor carrier it will be made available to all of the motor carrier's users that have access to the Services. These users will be able to send you message through the Services.

7. Infringement

We respect the copyright and trademark rights of others and ask that you do the same. We respond to all valid notices of copyright and trademark infringement, and our policy is to suspend or terminate the access privileges of those who infringe the copyright and trademarks of others.

8. Security

We have implement technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.

You are responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computers. You will immediately notify us of any unauthorized use of your password or BIT Account or any other breach of security. Notwithstanding Sections 20 and 21, in the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any BIT Account subject to dispute) will be final and binding on all parties.

9. Communications

You consent to receive communications from us including email, text messages, calls, and push notifications to the cellular telephone number you provide us. These communications may be generated by automatic telephone dialing systems which will deliver prerecorded messages, including for the purposes of secondary authentication, receipts, reminders, and other notifications. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.

10. Paid Services

BIT may offer Services to be paid for on a recurring basis ("Subscription Services") or on an as-used basis ("A La Carte Services", which together with the Subscription Services are "Paid Services"). BIT has the right to change, delete, discontinue, or impose conditions on Paid Services or any feature or aspect of a Paid Service. Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as set forth in your BIT Account settings or as otherwise agreed in writing ("Subscription Fee"). A La Carte Services may subject you to fees charged per usage and/or terms. By using an A La Carte Service, you agree to pay the fees and any taxes incurred at the time of usage ("A La Carte Fees", which together with Subscription Fees are "Paid Service Fees").

Paid Service Fees may be paid by debit card or credit card. If you link a debit or credit card to your account, you authorize us to collect Paid Service Fees by debit from your linked debit card or charge to your linked credit card.

Unless otherwise provided in a Subscription Service's terms, Subscription Fees will be charged on the 1st of every month until canceled. You may cancel a Subscription Service at any time from your BIT Account settings. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve the right to change our Subscription Fee. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.

11. Termination

We may terminate the Terms of Service or suspend or terminate your BIT Account or your access to any Service at any time for any reason. We will take reasonable steps to notify you of termination by email or at the next time you attempt to access your BIT Account. You may also terminate the Terms of Service applicable to your BIT Account by deactivating your BIT Account at any time.

12. Effect of Termination

If these Terms of Service or your BIT Account is terminated or suspended for any reason:

a. the license and any other rights granted under these Terms of Service will end;

b. we may (but have no obligation to) delete your information and account data stored on our servers; and

c. we will not be liable to your or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. In addition to any payment obligations under the Payment Terms, the following sections of these Terms of Service survive and remain in effect in accordance with their terms upon termination: 6 (Your Data), 7 (Infringement), 12 (Effect of Termination), 14 (Ownership), 15 (Indemnity), 16 (Representations and Warranties), 17 (No Warranties), 18 (Limitation of Liability and Damages), 19 (Third Party Products), 20 (Disputes), 21 (Binding Individual Arbitration), 22 (Governing Law), 23 (Limitation on Time to Initiate a Dispute), 24 (Assignment), 25 (Third Party Service and Links to Other Web Sites), and 26 (Other Provisions).

13. Your License

We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the object code of the software that is part of the Services, as authorized in these Terms of Service. We may make software updates to the Services available to you, which you must install to continue using the Services. Any such software updates may be subject to additional terms made known to you at that time.

The Services contain proprietary and confidential information that is protected by applicable laws. BIT reserves all rights in and to the Services that are not expressly granted to you in these Terms of Service.

14. Ownership

We reserve all rights not expressly granted to you in these Terms of Service. We own all rights, title, interest, copyright, and other worldwide Intellectual Property Rights (defined below) in the Services and all copies of the Services. These Terms of Service do not grant you any rights to our trademarks or service marks.

For the purposes of these Terms of Service, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress, and service mark rights, goodwill, trade secret rights, and other intellectual property rights that exist now or come into existence in the future, and all of their applications, registrations, renewals, and extensions, under the laws of any state, country, territory, or other jurisdiction.

You may submit comments or ideas about the Services ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

15. Indemnity

You will indemnify, defend, and hold us, our processors, respective employees, directors, agents, affiliates, and representatives harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to:

a. any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms of Service;

b. your wrongful or improper use of the Services;

c. your violation of any third party right, including without limitation any right of privacy, publicity rights, or Intellectual Property Rights;

d. your violation of any law, rule, or regulation of the United States, Canada, Mexico, or any other country; and

e. any other party's access and/or use of the Service with your unique name, password, or other appropriate security code.

16. Representations and Warranties

You represent and warrant to us that:

a. you are at lease eighteen years of age;

b. you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these Terms of Service;

c. any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services;

d. you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business

e. you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operations of the Services;

f. your use of the Services will be in compliance with these Terms of Service; and

g. you own all of your Content or that you have all rights necessary to grant us the license rights in your Content

17. No Warranties

THE SERVICES ARE PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, BIT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

BIT DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF HARMFUL COMPONENTS.

BIT does not warrant, endorse, guarantee, or assume responsibility for any product or services advertised or offered by a third party. BIT is not responsible for the accuracy, appropriateness, or legality of your Content or any other information you may be able to access using the Services.

18. Limitations of Liability and Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BIT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTS, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, BIT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLE FORESEEABLE.

UNDER NO CIRCUMSTANCES WILL BIT BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR BIT ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF BIT IS LIMITED TO THE GREATER OF:

A. THE PURCHASE PRICE OF GOODS ORDERED FROM BIT PLUS THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVEN RISE TO THE CLAIM FOR LIABILITY

B. USD$500

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

19. Third Party Products

All third party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for the service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. BIT MAKES NOT REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

20. Disputes

"Disputes" are defined as any claim, controversy, or dispute between you and BIT, its processors, suppliers, licensors, respective affiliates, agents, directors, or employees. This includes any claims relating in any way to these Terms of Service, or the Services, or any other aspect of our relationship.

21. Binding Individual Arbitration

You and BIT agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST BIT. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association according to this Section and the applicable arbitration rules for that forum. Consumer claimants may elect to pursue their claims in their local small-claims court rather than through arbitration so long as their matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16 fully applies. Any arbitration hearing will occur in Huntington, West Virginia, or another mutually agreeable location. The arbitrator's award will be binding on the parties and my be entered as a judgment in any court of competent jurisdiction. For the purposes of this arbitration provision, references to you and BIT also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provision above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in Huntington, West Virginia, or federal court for the Southern District of West Virginia.

22. Governing Law

These Terms of Service and any Dispute will be governed by West Virginia law and/or applicable federal law (including the Federal Arbitration Act) as applied to agreement entered into and to be performed entirely within West Virginia, without regard to is choice of law or conflicts of law principles.

23. Limitation on Time to Initiate a Dispute

Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

24. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.

25. Third Party Services and Links to Other Web Sites

You may be offered services, products, and promotions by third parties and not by BIT ("Third Party Services"). If you decide to use Third Party Services you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible for the performance of any Third Party Services. The Services may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by BIT. Such third party websites are not governed by these Terms of Service. You access any such website at your own risk. We expressly disclaim any liability for these websites. When you use a link to go from the Services to a third party website, our Privacy Policy is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the Services is subject to that website's own terms, rules, and policies.

26. Other Provisions

These Terms of Service and Policies are a complete statement of the agreement between you and BIT regarding the Services. In the event of a conflict between these Terms of Service and any other BIT agreement or Policy, these Terms of Service will prevail and control the subject matter of such conflict. If any provision of these Terms of Service is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These Terms of Service do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these Terms of Service will be deemed a further or continuing waiver of such term or any other term.