Revision Date: Jan. 21, 2019
NOTICE: ZAVA GLOBAL PARTNES. AND ITS AFFILIATES ARE NOT A LAW FIRM OR A SUBSTITUTE FOR AN ATTORNEY OR LAW FIRM. WE CANNOT PROVIDE ANY LEGAL ADVICE, EXPLANATION, OPINION OR RECOMMENDATION ABOUT POSSIBLE LEGAL RIGHTS, CONSEQUENCES OR REMEDIES. IT IS THE OBLIGATION OF ANY INDIVIDUAL OR ENTITY USING BLUEINK SOFTWARE TO INDEPENDENTLY AND THROUGHLY READ, REVIEW AND UNDERSTAND THE DOCUMENTS UPLOADED TO THE BLUEINK PLATFORM PRIOR TO EXECUTING THAT DOCUMENT UTILIZING BLUE INK SOFTWARE.
Our Application is offered and available to users who are 18 years of age or older. By using the Application, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Application.
The Application comprises mobile applications and related services, which enable users to utilize the BlueInk Document Review System, Document Management System, Administrative System, eSignature Platform, Storage Systems and any other logistics and/or services made available by the Company. The Application is further defined in Section 3 below.
The Application is controlled and operated by Company from its offices within the United States. We make no representation that materials in or on the Application and related services are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Application from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.
2.1. Account – Means the active subscription through which Authorized Users and End Users are allowed to access the Application.
2.2. Document Management or Administrative System – Is the system, platform or user dashboard that allows Authorized Users to navigate their way around the Application, control their user settings and preferences, upload, create, send, review, sign and save templates, documents, document bundles or executed agreements and any completed or partial Certificate of Evidence.
2.3. Authentication Measures – Any measure(s) deployed by the Application to verify a user’s identity, by way of example a Selfie, Driver’s License Verification, IP Address, GPS Location, Security Question or any other identity verification tool.
2.4. Application – Means any software or code that make up our Document Review System, Document Management System, Administrative System, eSignature Platform, Document or Information Transmittal Systems or any Storage System deployed or provided by BlueInk, including but not limited to any web-site, programs, servers or other systems or tools used by BlueInk to provide access to our services and/or technology. Also included are any intellectual property right(s) related to any of the services available through the Application; any user interface, processes, networks; information collection or distribution tools; tools that organize, condense or store information; any reports, documentations, code or architecture; as well as algorithms, extensions, modification or enhancements whenever developed or used by us at any time.
2.5. Audit Trail – Means any data or transmitted information related to usage of our Application. That includes, but is not limited to: (i) document creation and upload history (form, time, date, location); (ii) usage history from any User (names, geographic location, email, SMS number, phone number, IP address, driver’s license information, image values and date and/or time of usage); (iii) all metadata related to the date, time, length and location of all actions taken by any user in the Application (image values, all transaction history, method, time, date location, IP Address, actions taken and eSignature).
2.6. Authorized User – Any person or employee affiliated with the owner of an Account who uses a valid Subscription to access or use the Application or any other services we provide. The owner of an Account may hold numerous subscriptions that allow multiple Authorized Users to access the Application at the same time. Individuals that are not listed as Authorized User under an Account or using the Application as an intended End User as part of legitimate business with an Authorized User shall not be allowed to access or use the Application or system through any Account.
2.7. Certificate of Evidence – A document that contains the signed electronic document; information and a description of each signor or User of the Application; the method of document or information transmittal (email, web-link, SMS, text); all authentication measures deployed during any document or information review or eSigning; a detailed audit trail of all actions taken in the document from creation and review to signature and completion that includes but is not limited to a date, time, IP address and geographic location for each action taken in the Application by all Users.
2.8. Customer – The person or entity that contracts with BlueInk to utilize the Application in exchange for the payment of a specified fee.
2.9. Dictation – The narrative used and prepared by the Subscriber and/or approved by the Subscriber to present the Subscriber’s explanation of the purpose or meaning of any given section of an uploaded document.
2.10. Document Bundle or Bundle – The term “Document Bundle” or a “Bundle” consists of any transmission of document(s), information or template(s) uploaded into the Application for review, completion and/or eSignature in the Application. A Bundle can be a single document or a set of documents sent to and executed by the designated signatories. For example, a lease document and any addenda sent to the parties to the lease would be deemed a Bundle.
Each upload of a document, series of related documents, template(s) or information for transmittal to one individual through the Application is considered one document bundle and will result in one unit of allowable volume. A Bundle circulated for e-signature does not count as one unit of allowable volume until the bundle is delivered, reviewed, eSigned and marked as executed or refused in a Certificate of Evidence.
2.11. Driver’s License Identification System – Method by which a photograph or other electronic image of the front and back of a User’s driver’s license are taken and information from the front and back of a license is captured and saved. The system then compares and matches the saved information contained on the barcode on the back of the license to the information on the front of the license and generates a report. If the information matches the license it is deemed valid and if it does not the licensee is deemed invalid.
2.12. Document or Image Upload – Any image of a document uploaded into the Application for transmittal to another User.
2.13. Electronic Document – Any document uploaded into the Application for electronic review, electronic field input and/or electronic signature.
2.14. Electronic Document Vault – A secure third-party storage system where documents executed using the Application are cryptographically stored. Such documents can only be accessed by the appropriate User that either initiated and/or executed the document.
2.15. Electronic Signature (eSignature) – Is any signature, mark, initial, or other affirmation affixed to an electronic document through usage of BlueInk’s Application that indicate the user’s intent to accept and agree to the terms or provisions contained in the document that has been transmitted through the Application.
2.16. Electronic Document Review System – The electronic platform that loads a document, document bundle or presentation along with any associated dictation(s) if any for review, field filling and/or electronic signature. Electronic Document Review Systems may include, but are not limited to, any system that reviews, presents and/or captures information related to any Document Bundle or presentation through use of an, audio recording, video recording or text.
2.17. End User – Customer, consumer or anyone affiliated with an Authorized User who uses an Authorized User’s BlueInk account to transmit information or review and/or electronically sign a document, document bundle or presentation that involves a transaction with that Authorized User.
2.18. Hotspot(s) – The manner in which an uploaded document is presented for review through highlighted sections of any document, document bundle or presentation loaded or accessed through the Application. Hotspots can be comprised of multiple documents, a single document, a number of pages in the document(s), a single page from the document(s), multiple sections within several pages of the document(s), multiple sections within one page of the document(s), a single section of the document or a portion of a single section within the document(s).
2.19. Service Plan – The terms that outline the services and systems a User is allowed to access as part of a User Agreement in exchange for a periodic fee, subject to any restrictions outlined in that Agreement and any addenda to that Agreement. Restrictions include but are not limited to: (i) term; (ii) number of Authorized Users; (iii) number of transactions (volume limit) in a set period of time; (iv) number of electronic document pages that can be configured in the Document Review System for the stated fee; (v) number of dictations and length of individual dictations that may be configured in the Document Review System for the stated fee; 6) number of subscriptions under an Account; f) the features a User may access under an Account.
2.20. Subscription – The means by which an Authorized User is allowed to access the Application. Unless otherwise agreed to in writing, every Authorized User must be specifically named in the Account for their Subscription to be valid.
2.21. Term – Is the length or period of use authorized in exchange for an agreed upon fee for service.
2.22. Selfie — Photograph or other electronic image taken by any mobile or desk-top device of the face of any End User or Authorized User of the Application.
2.23. Transaction – Is any event whereby an electronic document is uploaded for review and/or execution into the Application.
2.24. User – Is any End User, Authorized User, Subscriber or other individual that lawfully accesses the Application through an Authorized User’s Account.
2.25. User Agreement – An agreement for services, between BlueInk and any Authorized User that outlines material provisions associated with the User’s use of the Application. By way of example, the term of service, the price of the services, conditions and/or limitation of the service, the service plan and any other information related to the mutually agreed upon terms for User’s use of the Application.
2.26. User Data – Is any data collected from either an End User or Authorized User related to that user’s name, personal information, physical characteristics or identifiers, location, date and time of usage.
3. General Provisions and Use of Services.
3.1. Description of Services – The services hosted or provided by BlueInk is an electronic signature and electronic document or electronic information transmittal, tracking, review, management gathering and storage system through which electronic documents and/or electronic information is transmitted for review, signature and/or other specified action(s). The Application may also deploy various authentication measures to verify a user’s identity and create an audit trail of the entire transmittal, review, information gathering and/or eSigning process. To form the audit trail the Application may electronically track, save, transmit and organize all events that occur or are taken by any user within the Application from the time a document bundle is uploaded into the Application to the time the Document Bundle is executed or other specified action(s) taken. The executed documents, along with all authentication measures deployed by the system and the full record of the audit trail, are organized and saved into the BlueInk Certificate of Evidence for easy access and review by any user authorized to have access to the specified document and/or information.
3.2. Account Creation – Depending on the type of account you choose, BlueInk may require that you provide certain personal information, including but not limited to: your name, email address, telephone number, account holder name, name of other subscribers authorized to use the account, address, credit card information, and/or description of Authorized User’s regular intended business. In addition, you may be asked to designate an Account Administrator. Once the Account is established and set-up is complete, you will need to create unique username(s) and password(s) to access administrative functions for the Account and also assign individual user names and passwords to other non-administrative Subscribed Authorized Users. Though the Authorized User associated with any specific subscription may change during the term in which an Account is active, only one Authorized User should be able to use any given subscription at any given time and that person should be specifically listed as an Authorized User.
3.3. Use of System – The use of the Application is limited to the actions related to the business of an Authorized User of an active Account in good standing. By accessing the Application, a User agrees that usage is for a lawful purpose, and that any election to utilize electronic signatures or transmit and/or gather electronic information is governed by the laws, policies and regulations of the State of Arizona. Users agree that in conjunction with the use of the Application they shall not engage in any conduct that is in contravention of the laws of the jurisdiction in which they access the Application.
It is the sole obligation of any User to independently and thoroughly read, review and understand the contents of any document, information or requests uploaded into the Application prior to providing any requested information, affixing an electronic signature of any type to a specific document or taking any other requested action in the Application.
3.4 The Application is web-based, and it is a User’s obligation and responsibility to obtain all equipment and web-connections necessary to access and use the Application.
3.5 It is a User’s sole responsibility to take independent steps to verify the identity of any intended recipients of any documents, data or other information transmitted or processed by the Application;
3.6. BlueInk is not responsible for the failure of any user or party to access, review, electronically sign, execute or complete any document, agreement, presentation or request within a specific period of time;
3.8 BlueInk may in its sole discretion delegate any of its responsibilities, duties or obligations to a third-party.
3.9. BlueInk may provide links to other resources and websites not controlled by BlueInk. In such event BlueInk does not make any warranties as to the quality, functionality or suitability of those links or any content on the internet or web pages outside of our web-site, including any correspondence or advertising content related to a User’s dealings or relationship with a third-party advertiser and/or partner.
3.10. Some documents have not been legally authorized to be executed through an electronic signature and it is a User’s sole responsibility to determine whether it wishes to proceed with the electronic execution of the document. BlueInk has not made any representations regarding the use of electronic signatures and a user shall rely exclusively upon legal counsel of their own choosing and/or their independent investigation to address any questions regarding the legality of utilizing an electronic signature, electronic information gathering or electronic transmittal of information;
3.11 BlueInk will store all executed documents for a period of five (5) years from the date of execution, it is each User’s sole responsibility to arrange for the independent storage of all executed documents for any time period beyond the five (5) year period.
3.12 Users are required to independently or through their legal counsel formulate any Dictations or Narratives they elect to have uploaded into the Application relating to the review or presentation of a document and/or directives to take specified action(s). By uploading a document, Users acknowledge and agree that they have reviewed the Dictation/Narrative and accept it in its entirety and waive any and all claims against BlueInk and/or the agents, employees of BlueInk relating to the content of any Dictation/Narrative. It is the sole obligation of any User to independently and thoroughly read, review and understand the contents of any document, information or requests uploaded into the Application prior to including the document in a BlueInk process or Application.
All Certificates of Evidence along with the associated documents executed through the Application will be cryptographically stored in BlueInk’s Remote Document Vault for a period of five (5) years from the date of execution. Customer may for an agreed upon fee arrange for a longer period of storage. Storage will be unlimited unless Customer and BlueInk execute an agreement that expressly sets forth a limitation. A User must be current on its financial obligations to BlueInk to store documents. If a document has been assigned a specific completion date, BlueInk may delete the incomplete or unexecuted document without notice 15 days after the expiration of the completion date unless otherwise agreed in writing between the Customer and BlueInk.
5. Pricing and Payment
5.1. Although the Company offers certain uniform pricing models, final pricing may vary based on the designated features, number of subscriptions and the Service Plan selected by the Customer as well as any special offers that the Customer may qualify for. By creating an Account and becoming an Authorized User, you represent that the estimated usage you have provided is true and correct. BlueInk has relied on your representation in determining your eligibility for a service plan and establishing a price for your use. Therefore, should there be a material discrepancy between the usage amount you have represented whether intentional or inadvertent, BlueInk reserves the right to modify the pricing on your account or terminate your account. A User Agreement or other agreement between BlueInk and a Customer will contain a volume limit. In those circumstances when the use is “unlimited”, the use is in actuality limited to only those specifically identified as Authorized Users.
5.2 To the extent the Application is made available for any fee or through a subscription, your access will be granted following payment of the applicable fees to Company. Your account and access to the Application may be suspended in the event of non-payment of applicable fees.
The form of the BlueInk invoice and details of the BlueInk billing cycle and dates are subject to change. Payment may be collected on a monthly basis, per usage basis, on an annual basis or any other period specified in the Service Plan and Payment schedule set forth in the applicable User Agreement. Customers billed on a monthly basis are charged in advance for the subsequent month. Any claimed discrepancies related to billing must be brought to BlueInk’s attention within (30) thirty-days of the date of the billing or will be deemed waived.
The execution of the User Agreement constitutes the Customer’s authorization for BlueInk to process a payment on the Customer’s credit or debit card on file with BlueInk for the contracted fee; unless the User Agreement provides for an alternative form or method of payment. You represent and warrant to Company that the payment information you provide is true and that you are authorized to use the payment instrument. You will within three (3) business days of a change update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. The notification of the change constitutes authorization by the Customer for BlueInk to charge the accruing fees to the updated credit card. If payment is not received by BlueInk on or before the due date, Customer’s account will be deemed delinquent. In the event the Customer is delinquent BlueInk reserves the right to charge late fees until the delinquency is paid in full. BlueInk is under no obligation to provide written notice of the delinquency to exercise the remedies provided for herein and/or any other legally authorized remedy. BlueInk may terminate delinquent accounts. Upon termination, the Customer’s access to the Application is limited to the ability to access previously executed documents.
Access to the Application is granted after payment for the service plan chosen by the Customer. Service Plan fees are subject to change. BlueInk reserves the right to change Service Plans, will notify Customers of such change, and this may result in a different fee to the Customer. If the Customer has pre-paid for its service on an annual basis or other term, the Customer’s fee will remain the same for the balance of the period pre-paid. If Customer is on a month to month payment schedule and is unwilling to agree to the revised Service Plan, pricing model or the fees associated with the revised Service Plan or pricing model, Customer may at its option notify BlueInk in writing within 30 days of the notification of the pricing or plan change of Customer’s intention to discontinue its subscription and terminate Customer’s account.
In the absence of the Customer’s timely written notification of its written rejection of the revised Service Plan or pricing model and fees associated therewith, Customer will be deemed to accept the fees associated with the revised Service Plan, or pricing model and authorize BlueInk to charge Customer’s such revised fees to the payment method Customer has on file with BlueInk. Credit card charges imposed by the credit card issuer are the sole responsibility of the Customer.
6. Term and Renewal
The initial term shall begin on the first date that Customer accesses the BlueInk platform after BlueInk has completed the initial set up. Per User and Per Location customer accounts shall continue to automatically renew and Customer shall be responsible for the payment of its subscription unless Customer has opted out of auto-renewal. If Customer has opted out of auto-renewal, Customer’s Account will terminate after the expiration of the current subscription term, subject to the parties’ written agreement to extend the service.
Upon auto renewal, Customer’s service will continue under the same Service Plan, or if Customer’s Service Plan has been discontinued, Customer will be provided with the Service Plan that is the most similar to the Customer’s prior Service Plan. In the absence of prior notice to the contrary, Customer’s auto-renewal pricing will continue at the same rate as the prior term. Customer authorizes BlueInk to charge Customer’s credit or debit card for the fees applicable for the renewal term.
Customers who are billed on a per Bundle basis are required to execute a supplemental agreement in order to replenish their Bundles and are required to remit payment in advance for the restocked Bundles.
7. Cancellation / Termination
Customer may cancel Services. In the case of a cancellation, BlueInk may pro-rate the remaining term and issue a refund.
In the event you terminate your account, you will be billed through the end of the billing cycle in which the termination occurs, and any unpaid fees or taxes will be due immediately upon the effective date of the termination. The Customer shall not receive a refund of any sums paid if the cancellation occurs more than 30 days after the initial set-up. BlueInk may terminate or suspend your Account without notice if you in the sole opinion of BlueInk have engaged in conduct or threaten to engage in conduct that represents a threat to the security of other users or the Application itself. In the event you are in breach of any of the terms of this Term of Use or any other documentation governing your use of the BlueInk platform, upon 3 days written notice we may terminate your account. If we terminate your Account, we may offset any funds you have paid against the sums due and owing. We may assess a reactivation fee to reactivate your account.
Upon termination or expiration of a Customer’s subscription BlueInk will take commercially reasonable steps to preserve and transfer any User data to the Customer within a (30) thirty-day period. After the (30) thirty-day transition period, BlueInk reserves the right to delete any information or data files associated with the terminated or expired account with the exception of executed Agreements and Certificates of Evidence associated with the executed agreements.
The termination of your Service Plan, this Agreement or any other User Agreement through which use of the Application is authorized, will not affect any other section of this Agreement or any other User Agreement, including but not limited to sections of those Agreements that relate to privacy, confidentiality, intellectual property, licensure, compliance, limitation of liability, non-disclosure.
BlueInk owns the Application, all related services, and any intellectual property and technology used to deliver it services, including but not limited to any patents, trademarks, trade secrets or copyrights. Authorized Users own all the information and/or documents passed or transmitted between said Authorized Users and End Users including all rights and interest in documents and personal information. Customer shall not directly or through its end users engage in any conduct that could or would result in the modification, replication, translation, reverse engineering, disassembly, duplication or other investigation of the source code of the Application, related services, or our website.
9. Privacy and Information Security
11. Accessing the Application, Registration, Accounts, and Passwords
We reserve the right to withdraw or amend the our website and the Application, and any service or material we provide in the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application, to users, including registered users.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Application or portions of it using your user name, password, or other security information. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the terms of this Agreement. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
12. Use Restrictions and Intellectual Property
The Application and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (“Company Content”) is owned by the Company, its licensors, or other providers of such material (collectively, and individually, “Company Content Providers”) and are protected by trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Company Content obtained from or through Company.
The Application and the services it provides contain proprietary and protected information. Any unauthorized use of any Company Content contained on the Application may violate regulations and statutes. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part.
You will not upload, post or otherwise make available on the Application any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will indemnify Company and its officers, directors, employees, and agents for any claims by third parties of infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission of material by you.
The Company Content and Application may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Company. 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 Company without express written consent. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. You may not misuse the Application. You may use the Application only as permitted by law.
The Company name, the terms and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Application are the trademarks of their respective owners.
Information provided on the Application may be changed or updated without notice. Company may also make improvements and/or changes in the Application described in this information at any time without notice.
14. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RELATING TO OR ARISING FROM YOUR USE OF THE SITE.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BLUEINK OR ANY SUBCONTRACTORS, LICENSORS, AFFILIATES, SUPPLIERS, AND/OR DISTRIBUTORS WILL HAVE ANY LIABILITY TO YOU, ANY OTHER USER OR ANY OTHER PERSON OR ENTITY FOR INDIRECT, INCIDENTAL, , PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SITE OR SERVICES, OR ANY TRANSACTIONS CONTEMPLATED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, DAMAGE TO OR LOSS OF DATA, BUSINESS INTERRUPTION, REPLACEMENT OR RECOVERY COSTS, OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER ARISING FROM CONTRACT, EQUITY, TORT OR ANY OTHER THEORY OF LIABILITY, FURTHER, BY AGREEING TO THE PROVISIONS OF THIS AGREEMENT OR YOUR USER AGREEMENT AND ANY OTHER ASSOCIATED DOCUMENTS, YOU ASSERT THAT ANY DISCLAIMER, WARRANY, EXCLUSION ON DAMAGES OR LIMITATION ON LIABILITY IS AN ALLOCATION OF RISK THAT YOU ARE WILLING TO ACCEPT TO USE BLUEINK’S APPLICATION. IN THE EVENT A CLAIM IS FILED AGAINST BLUEINK, UNDER NO CIRCUMSTANCE SHALL BLUEINK’S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE IN THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RIGHT TO THE CLAIM.
IN NO EVENT SHALL COMPANY BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
15. Warranties, Representations, Disclaimers, Indemnification
BlueInk and any other individuals or entities that access the Application assert and warrant that: 1) the Application will not be used to conduct any illegal or illegitimate activities; 2) each has the legal right and authority to enter into the Agreement; 3) usage of the Application of performance of the obligations of this Agreement will not conflict with or breach any other agreement with a third party; 4) user names and passwords for all Accounts will be kept confidential; 5) no usage of the Application will interfere with another Authorized or End User’s ability to access and use the Application.
BlueInk represents and warrants that we will deliver the Application to all Users in accordance with the terms of this Agreement and/or any associated Service Plan or User Agreement.
EXCEPT FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW: 1) THE APPLICATION WILL BE PROVIDED “AS IS” AND BLUEINK MAKES NO OTHER REPRESENTATIONS OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OPERATIONAL, OR OTHERWISE AS TO ANY ISSUE WHATSOEVER; 2) BLUEINK SPECIFICALLY EXCLUDES AND DISCLAIMS ALL OTHER EXPRESS, IMPLIED AND STATUTORY WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF PERFORMANCE, QUALITY, DATA INTEGRITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE AND TITLE; 3) BLUEINK DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION WILL BE ERROR FREE or UNINTERRUPTED 4) BLUEINK DOES NOT WARRANT THE SUFFICENCY OF ANY TRANSMISSION FROM THE INTERNET OR CONNECTION THERE TO; 5) NO AFFIRMATIONS OF FACT OR OTHER REPRESENTATION, INCLUDING, MARKETING LITERATURE OR STATEMENTS REGARDING PERFORMANCE OF THE APPLICATION FROM BLUEINK SHALL CONSTITUTE A WARRANTY OR REPRESENTATION AND SHOULD NOT BE RELIED UPON; 6) BLUEINK WILL ALSO ASSUME NO LIABILITY FOR ANY THIRD PARTY HARDWARE, FIRMWARE, SOFTWARE OR SERVICES; AND, 7) IT IS YOUR SOLE RESPONSIBILITY OR THE RESPONSIBILITY OF ANY AUTHORZED USER ASSOCIATED WITH AN ACCOUNT TO VERIFY THE IDENTITY OF ALL END USERS, UPLOAD AND CONVEY LEGALLY SUFFICIENT AGREEMENTS/CONTRACTS, USE THE APPLICATION IN ACCORDANCE WITH THE APPLICABLE LAWS, PROTECT SENSITIVE CONFIDENTIAL AND/OR PROPRIETARY INFORMATION CONVEYED THROUGH THE APPLICATION TO ANY THIRD PARTY BLUEINK HAS NO CONTROL OVER.
16. Transmissions, and Content Standards
You are prohibited from posting or transmitting to or from the Application any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
These content standards apply to any and all use of Application. Your use of the Application must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Bundles and other documents or information that you upload or otherwise transmit through the Application must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
17. Prohibited Uses
- In any way that violates any applicable federal, state, local, or international law or regulation
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us, may harm the Company or users of the Application or expose them to liability.
Additionally, you agree not to:
- Use the Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Application, including their ability to engage in real time activities through the Application.
- Use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application.
- Use any manual process to monitor or copy any of the material on the Application or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Application.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer, or database connected to the Application.
- Attack the Application via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Application
The Application may contain links maintained by other third parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents. We expressly disclaim any representations regarding the content or accuracy of materials or the privacy practices related to such third parties.
19. Governing Law and Dispute Resolution
This Agreement and performance hereunder shall be exclusively governed by, and construed in accordance with, the laws of the state of Arizona without giving effect to its conflict of laws principles. The parties agree to submit any claim, dispute, or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution. All mediation or any other form of dispute resolution shall exclusively take place in Phoenix, Arizona and the parties irrevocably waive any objection to such venue.
20. Waiver and Severability
21. Revisions to this Agreement
Company may at any time revise this Agreement by updating this posting. By using the Application, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.
Except as explicitly stated otherwise, any notices shall be given by postal mail to
Zava Global Partners LLC
7119 E Shea Blvd
Scottsdale, AZ 85254
Or to the email address you provide to the Company during the registration process. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to the Company during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.