The terms that govern your use of the blinker.com website. These terms do not govern the platform subscription, which is covered by the Master Services Agreement.
These Terms of Service (the “Terms”) govern your access to and use of the blinker.com website and its content (the “Site”), operated by Blinker, Inc., a Colorado corporation with offices at 220 S. Wilcox St. #1300, Castle Rock, CO 80104 (“Blinker,” “we,” or “us”). These Terms cover only the website. Your access to and use of the Blinker platform and Services as a client is governed by the Master Services Agreement (MSA) and the Order Form you sign, not by these Terms. If you do not agree to these Terms, do not use the Site.
1.1 By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy. If you use the Site on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf.
2.1 These Terms govern the informational website only. They do not grant any right to access or use the Blinker platform or Services. Client access to the platform is a separate, contractual relationship governed exclusively by the Master Services Agreement, the applicable Order Form, and the policies incorporated into it. If there is any conflict between these Terms and the MSA regarding the platform, the MSA controls.
3.1 The Site is intended for businesses and for individuals who are at least 18 years old. By using the Site, you represent that you meet these requirements and that your use complies with all applicable laws.
4.1 The Site provides general information about Blinker, the BlinkerConnect platform, and our products — BlinkerProtect, BlinkerFinance, and BlinkerCover. Content on the Site is provided for general informational and marketing purposes, may be incomplete or out of date, and is subject to change without notice. Nothing on the Site is an offer, quote, or binding commitment.
5.1 Some areas of the Site may let you submit a request, register interest, or create login credentials. If you create credentials, you are responsible for keeping them confidential and for all activity under them. You agree to provide accurate information and to notify us of any unauthorized use. Access to the platform itself is provisioned under the MSA, not through the Site.
6.1 You agree not to: (a) use the Site in violation of any law or these Terms; (b) attempt to gain unauthorized access to the Site or its systems; (c) interfere with or disrupt the Site, including by introducing malware or launching denial-of-service activity; (d) scrape, harvest, or systematically extract content except as permitted by us in writing; (e) reverse-engineer or copy the Site's software or design except as allowed by law; or (f) use the Site to transmit unlawful, infringing, or harmful content.
7.1 Ownership. The Site and its content — including text, graphics, logos, images, and software — are owned by Blinker or its licensors and are protected by intellectual-property laws. Except as expressly permitted, you may not copy, modify, distribute, or create derivative works from the Site's content.
7.2 Trademarks. “Blinker,” “BlinkerConnect,” “BlinkerProtect,” “BlinkerFinance,” “BlinkerCover,” and related names and logos are trademarks of Blinker. Other marks are the property of their respective owners and do not imply any affiliation or endorsement.
7.3 Limited license. We grant you a limited, revocable, non-exclusive license to view the Site for your personal or internal business informational use, subject to these Terms.
8.1 The Site may link to third-party websites, products, or services, including those of our Partners. We do not control and are not responsible for third-party content, practices, or policies. Links are provided for convenience and do not imply endorsement. Your use of third-party sites is at your own risk and subject to their terms.
9.1 Content on the Site is not legal, financial, tax, insurance, or other professional advice, and should not be relied on as such. Blinker is a technology platform and is not an insurer, warranty or service-contract obligor, lender, or insurance agency. Product availability, pricing, eligibility, and terms are determined by the applicable Client or Partner and are subject to underwriting and to separate agreements. You should consult a qualified professional before making decisions.
10.1 The Site may contain forward-looking statements and marketing claims about features, performance, results, savings, or plans. These reflect current expectations, are not guarantees, and involve risks and uncertainties. Actual results and available products may differ. We undertake no obligation to update forward-looking statements except as required by law.
11.1 THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY AS TO ACCURACY, RELIABILITY, OR AVAILABILITY. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
12.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLINKER AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLINKER'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SITE AND THESE TERMS WILL NOT EXCEED [ONE HUNDRED U.S. DOLLARS ($100)]. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
13.1 You will defend, indemnify, and hold harmless Blinker and its affiliates, officers, and employees from and against any third-party claims, and any resulting losses, damages, and reasonable attorneys' fees, arising out of or relating to your use of the Site, your violation of these Terms, or your violation of any law or the rights of any third party.
14.1 These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules. You agree that the state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Site, and you consent to venue there.
15.1 Changes. We may update these Terms from time to time by posting a revised version with a new “Last updated” date. Your continued use of the Site after changes take effect constitutes acceptance of the revised Terms.
15.2 Contact. Questions about these Terms may be sent to support@blinker.com. For general inquiries, contact support@blinker.com.
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