This Terms and Conditions Agreement (“Agreement”)
sets forth the legally binding terms for your use of the Services. By
using the Services, you agree to be bound by this Agreement. A “Visitor” means that you simply browse the Website or App. The term “User” refers to a Visitor.
SERVICES OFFERED ON THE WEBSITE OR VIA THE APP.
You represent and warrant that you are authorized to enter into this
Agreement on behalf of yourself and/or the entity that you purport to
Amendments. Blast may modify this Agreement from time to time and such modification shall be effective: (1) for Users who first use the Services after the posting, upon posting by Blast on the Website, or (2) for existing Users, thirty (30) days after posting by Blast on the Website, if the modifications to the Agreement are material, thirty (30) days after Blast sent an e-mail containing a notification of such modifications and the continued use of the Services by the user thereafter, which shall constitute the user’s acceptance of the amended Agreement. If you do not agree to the modification, you must cease your use of the Services.
1. Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation.
2. Term. This Agreement shall remain in full force and effect while you use the Services. Even after any termination, Sections 6 through 16 of this Agreement will remain in effect.
3. Fees. You acknowledge that Blast reserves the right to charge for Services and to change its fees from time to time in its discretion, upon posting by Blast on the Website or in the App. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to Blast as set forth on the Website or in the App.
4. Condition of Sale.
4.1 Eligibility; Credit Card Terms. To order any services or
other products, you must be at least eighteen (18) years of age or the
applicable age of majority in your jurisdiction. You will be required to
give us a valid credit card number (VISA, MasterCard, American Express
or any other issuer then accepted by us) and associated payment
information at the time you order services or any other products hereunder,
including all of the following: (i) your name as it appears on the
card, (ii) the credit card type, (iii) the date of expiration of your
credit card, (iv) billing address, and (v) any activation numbers or
codes needed to charge your card. Your credit card issuer agreement governs your use of your
designated credit card, and you must refer to that agreement and not
this Agreement to determine your rights and liabilities as a cardholder.
You agree that no additional notice or consent is required before Blast
invoices the credit card for all amounts due and payable. By providing Blast with your credit card number and associated payment information,
you agree that Blast is authorized to immediately invoice your account
for all fees and charges due and payable to Blast as a result of your
purchase of any services or other products. You agree to immediately notify Blast of any change in your billing address or the credit card used for
payment hereunder. Blast reserves the right, at any time, to change its
prices and billing methods for services and other products sold, either
immediately upon posting on the Website or in the App, or by e-mail
delivery to you.
4.2 Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement, or such dispute will be deemed waived. Billing disputes should be notified to the following address: Blast Analytics & Marketing, ATTN: Tyler Jackson, 950 Reserve Drive, #150, Roseville, CA 95678, or via Blast’s General Support. If Blast does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon request by Blast or its agents.
4.3 Returns. All sales are final. of services, products, and fee reimbursements are subject to Blast’s then-current return policies, as posted on the Website.
5. Order acceptance policy. Your receipt of an electronic or other form of order confirmation does not signify Blast’s acceptance of your order, nor does it constitute confirmation of our offer to sell. Blast reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by Blast upon our delivery of services or the products that you have ordered. We may require additional verifications or information before accepting any order.
6. No Disruption. You will not: (i) alter or interfere with any Blast page nor will you use HTML/CSS, scripting, or any other means, if any; (ii) to interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; or (iii) introduce software or automated agents to the Services, generate automated messages, or to strip or mine data from the Services.
7. Miscellaneous. You will not attempt to impersonate another User or person, including any employee of Blast. You will use the Services in a manner consistent with any and all applicable laws and regulations.
9. Warranty. Blast provides no warranties.
10. Disclaimers. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND EXCEPT FOR THE WARRANTY SET FORTH ABOVE, (B) BLAST EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. FOR FURTHER WARRANTY INFORMATION YOU MAY CONTACT BLAST’s CUSTOMER SUPPORT DEPARTMENT AT 950 RESERVE DRIVE, SUITE 150, ROSEVILLE, CA 95678.
11. Limitation on Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, BLAST SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BLAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BLAST’s LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS ($50), OR THE AMOUNTS YOU PAID TO BLAST IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE BLAST’s LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF BLAST OR ITS AGENTS OR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
12. Release. You hereby release Blast, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
13. Indemnity. You agree to defend, indemnify, and hold Blast, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
14. Electronic communications. The communications between you and Blast use electronic means, whether you visit the Website or App or otherwise use the Service or send Blast e-mails, or whether Blast posts notices on the Website or App or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Blast in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Blast provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
15. U.S. Export Controls. Content and software available in connection with the Services (the “Software”) is further subject to United States export controls. No Content or Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Content and Software, you represent and warrant that such download or use is not in violation of any such law.
16. Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and Blast agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Sacramento, California (USA) and the federal courts located in the Northern District of California (USA) in such legal action or proceeding. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand U.S. Dollars (US$ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, Blast may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from California law, including the laws governing what can legally sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Services and your purchase of products from Blast.
17. Notices. Blast may give any notice required by this Agreement by means of a general notice on the Website, electronic mail to your e-mail address on record with Blast, or by written communication sent by first class mail or pre-paid post to your address on record with Blast. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to Blast, addressed to the attention of its Chief Operating Officer (such notice shall be deemed given when received by Blast) at any time by any of the following: letter sent by confirmed facsimile to Blast at the following fax number: 916-724-6714, letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Blast at the following address: Blast Analytics & Marketing, ATTN: Tyler Jackson, 950 Reserve Drive, #150, Roseville, CA 95678.
18. Force Majeure. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any “act of God.”
20. Copyright/Trademark Information. Copyright © 1999 – 2013, Blast Analytics & Marketing. All rights reserved. The trademarks, logos and service marks (“Marks”) displayed on the Website and App or in connection with the Services are the property of Blast or other third parties. You are not permitted to use these Marks without the prior written consent of the third party that owns the Mark.