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Last updated on October 25, 2016
Blanket, DBA of Gramercy Technologies Inc (“Gramercy”, “we”, “us” or “our”) is on a mission to Democratize Growth. We understand that privacy is important to both our online visitors and registered users. We respect your privacy and will take reasonable steps to protect your information.
- Information collection and use
- Sharing and disclosure of information
- Choice and opt-out
- Protection of information
- Changes and notifications
- Safe Harbor Framework
- Contact us
Gramercy Technologies Inc is located at 120 SW 8th St, Miami, FL 33130. This Policy applies to the gramercy.io and blanket.ai website, including all subpages and successor pages (collectively referred to as the “Website”), and also applies to all software and services that we offer through our Website when you register for a Gramercy Technologies account (collectively referred to as the “Services”).
This Policy does not apply to any website, product or service of any third-party company even if the website links to (or is linked from) our Website. Gramercy Technologies does not operate or control those websites, products or services. Please always review the privacy practices of a company before deciding whether to provide any information.
By using our Website or Services, you are accepting the practices described in this Policy. If you do not agree with this Policy, delete all cookies from your browser cache after visiting our Website and do not visit or use our Website or Services. Your continued use of our Website or Services signifies your acceptance of this Policy.
Information collection and use
Broadly speaking, we collect information in three ways: (1) when you provide it directly to us, (2) when we obtain verification information about you or your company through trusted third parties (e.g. Stripe), and (3) passively through technology such as “cookies”. The types of information that we collect and our use of that information will depend on whether you are a Website Visitor or Live User, as described below.
The term “Personal Information”, as used in this Policy, refers to any information that can be used to identify a specific person, or any anonymous information (e.g., IP Address) that is linked to a specific person. Personal information does not include information that has been aggregated or made anonymous such that it can no longer be reasonably associated with a specific person.
Cookies and Web Server Logs
Similar to many commercial websites, we utilize “cookies” and other technologies to collect non-personally-identifiable information from our Website. “Cookies” are a feature of web browser software that allows web servers to recognize the computer used to access a website. Cookies store information accessed through your browser to streamline activities on related web sites, and make the online experience easier and more personalized. Information gathered through cookies and web-server log files may include information such as the date and time of visits, the pages viewed, IP addresses, links to/from any page, and time spent at a site. We use cookie data to measure web traffic and usage activity on our Website for purposes of improving and enhancing the functionality of our Website and to better understand the sources of traffic and transactions on our website. Cookies also allow our servers to remember your account information for future visits and to provide personalized and streamlined information across related pages on our Website. Log files are used to monitor, measure, analyze, improve, and troubleshoot our Services. You can choose to disable cookies for our Website but this may limit your ability to use our Website and Services; see below in Section 4 (“Choice and opt-out”).
To simply browse our Website, you are not required to provide any Personal Information. However, we may gather non-personally-identifiable information, as described directly above, just for the purposes of monitoring and improving our Website and Services. We will not share this information with third parties except as a necessary part of providing our Website and Services, nor will we use it to target any advertisements to you.
To gain full access to our Website and Services, you must register for a Gramercy Technologies account. When you register for an account, we collect Personal Information when you voluntarily provide it to us, such as the following:
- Your name, company name, location, email address, and phone number, and account password, to set up your account
- Your credit card information, to settle funds for your transactions
- Your IP addresses, devices, and locations used to access Gramercy Technologies, which will be linked to your account for fraud detection/prevention purposes
With your consent, we may also collect additional Personal Information in other ways including emails, surveys, and other forms of communication. Once you begin using the Service through your Gramercy Technologies account, we will keep records of your transactions and collect information of your other activities related to our Services. The foregoing Personal Information will be shared and disclosed as described below in Section 3 (“Sharing and disclosure of information”).
Children’s Online Privacy Protection Act
Our Website and Services are directed to the general public. We do not knowingly collect information from children under 13 years of age or have any reasonable grounds for believing that children under the age of 13 are accessing our Website or using our Services. If we learn that we have inadvertently collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us.
Sharing and disclosure of information
Gramercy Technologies does not sell or rent your Personal Information to marketers or third parties.
We may share your Personal Information with trusted third parties who are integral to the operation of our Website and Services, including but not limited to payment processors as well as any third parties that you have directly authorized to receive your Personal Information. We may store your Personal Information in locations outside the direct control of Gramercy Technologies, for instance, on servers or databases co-located with hosting providers.
We may disclose your Personal Information to law enforcement, government officials, or other third parties if: (i) we are compelled to do so by subpoena, court order or other legal process, (ii) we must do so to comply with laws, statutes, rules or regulations, including credit card rules, (iii) we believe in good faith that the disclosure is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Terms of Service.
We will only disclose your Personal Information in response to such a request if we believe in good faith that doing so is necessary to comply with applicable law or a legal obligation to which we are bound. If we receive such a request, we will use reasonable efforts to give you prompt notice, so that you may contest it if you choose. We won’t provide you such notice if we determine in good faith that either (a) we are not permitted to provide it under applicable law, or (b) that doing so would result in an imminent risk of death, serious physical injury or significant property loss or damage to Gramercy Technologies or a third party.
In addition, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar events, any information in our possession may be transferred to our successor or assign.
Choice and data retention
We are required to collect certain Personal Information to confirm your identity and comply with our obligations. If you elect to not provide Personal Information in optional fields it may limit your ability to use our Services. You can update your account information by signing on to our Website with your Gramercy Technologies account.
We may occasionally email you with information about offers or new services. You can opt out of these email communications by replying with unsubscribe in the subject line, or via an unsubscribe link included in such communications. However, you will continue to receive certain email communications related to your account including information regarding transactions and your relationship with Gramercy Technologies.
If you wish to opt out of having cookies set on your browser (as described above in Section 2), the only way to ensure that this happens is to manage the settings on your web browser to delete all cookies and disallow further acceptance of cookies. For more information, refer to your browser’s technical information. You may also consider visiting aboutcookies.org, which provides helpful information about cookies. Note that disabling cookies on your browser prevents Gramercy Technologies from tracking your activities in relation to our Website and Services. However, it may also disable many of the features available through our Websites and Services. We therefore recommend that you leave cookies enabled.
Protection of information
Although no data transmission can be guaranteed to be 100% secure, we take reasonable steps to protect all Personal Information. Gramercy Technologies maintains strict administrative, technical, and physical procedures to protect information stored in our servers, which are located in the United States. Access to information is limited (through user/password credentials and software systems) to those employees who require it to perform their job functions. We use industry-standard Secure Socket Layer (SSL) encryption technology to safeguard the account registration process and sign-up information. Other security safeguards include but are not limited to data encryption, firewalls, and physical access controls to building and files.
Changes and notifications
We reserve the right, in our sole and absolute discretion, to make changes to this Policy from time to time. Please review this Policy periodically to check for updates. If any changes are material and/or retroactive, we may provide additional notice and/or an opportunity to “opt-in,” as appropriate under the circumstances. Gramercy Technologies will provide you with disclosures and alerts regarding this Policy by posting them on our Website, by emailing the email address listed in your Gramercy Technologies account, and/or by mailing to the physical address listed in your Gramercy Technologies Account. You agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices in relation to this Policy shall be considered to be received by you within 24 hours of the time it is posted to our Website or emailed to you (unless we receive notice that the email was not delivered).
Terms of Service
Last updated on October 25, 2016
Use of the services
This is an Agreement for access to and use of the Services and you are not granted a license to any software by this Agreement. Your right to use the Services, including the website, Apps, software, text, graphics, images, look, feel, selection and arrangement, designs, trademarks, service marks, and trade names displayed in connection with the Services, the associated URLs, and other information provided by the Company in connection with the Services (collectively, the “Content”) is limited to your own internal use and you may not (i) copy, modify, transfer, license, sublicense, sell, redistribute, republish, communicate to the public, display, share, distribute, sublicense, adapt, lease, lend, rent or otherwise exploit any of the Content, including the Services, except in accordance with this Agreement, (ii) use any of the Content, including any of the Services, in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement; (iii) insert any code, product or material to manipulate the Content in any way that affects any user’s experience, (iv) use the Services in any manner that damages, disables, overburdens or impairs any of our Services or interferes with any other party’s use of the Services, (v) attempt to gain unauthorized access to the Services, or (vi) access the Services other than through our interface. Any action or attempted action that is in breach of this Agreement is a violation of the rights of the Company and/or its licensors. If you breach any restriction contained in this Agreement, you may be subject to prosecution and damages. In addition, limits may apply to the number of campaigns you may undertake each month. Any such limits will be specified in the Company-approved Order Form entered into by you when you subscribe for the Services. You also agree to comply with our Acceptable Use Policy (“AUP”) below.
Ownership and proprietary rights
You acknowledge and agree that the Content contains valuable intellectual property of the Company and its suppliers and is considered the Company’s and its suppliers’ proprietary information, as applicable. The Content is not sold to our users, and no title or ownership to such Content nor any intellectual property rights embodied therein pass as a result of this Agreement or any act pursuant to this Agreement. All rights to use and access the Content not expressly granted to you in this Agreement are reserved. Nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of the Company. The Content is protected by copyright, trademark, and other laws of the United States and foreign countries. You may not modify, create derivative works of, or in any way exploit, any of the Content in whole or in part. You may not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Services (“Feedback”) will be the sole and exclusive property of the Company and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback, including without limitation all worldwide copyright rights and other proprietary or intellectual property rights therein.
Fees and payments
Certain aspects of the Services may be provided for a fee. If you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges, posted or linked here and contained in your Order Form. In the event you cancel your subscription, you shall receive no refund or exchange for any unused time on a subscription or for anything else. You acknowledge and agree that you shall be responsible for paying all fees due for the full term of your subscription, whether or not you cancel such subscription prior to the end of such term. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Company must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Company at the prices in effect when such charges are incurred. You shall pay all applicable subscription fees, including any sales, excise, service, use or other taxes now or hereafter imposed upon or required to be collected by the Company by any authority in connection with or arising from the Services and/or this Agreement, excluding taxes based upon the Company’s net income. If you prefer to pay by invoice, please contact us at firstname.lastname@example.org. If the Company agrees that you can pay by invoice, you shall pay each invoice issued by the Company by the applicable due date and in the currency specified by the Company. Any amounts not paid when due shall bear interest at the rate of one and one-half percent (1.5%) per month or the maximum rate allowed by law, whichever is less. From time to time you may engage us to provide consulting services to you. In such cases, additional terms will apply as set forth in the agreement for consulting services entered into by and between you and the Company.
Subscription term, renewal, termination, free trial
A. The initial subscription term shall begin on the effective date of your subscription and shall expire after thirty (30) days unless a longer subscription period is indicated in your Order Form. Unless one of us gives the other written notice that it does not intend to renew the subscription for the same term or at all, your subscription will automatically renew for an additional term equal in length to the prior term at the end of each term (collectively, the "Subscription Term"). If at any time you wish to terminate the Subscription Term, written notice of non-renewal must be sent to the Company either by cancelling your account within the App or sending an email to email@example.com. All renewal Subscription Terms will be on the current terms and conditions of this Agreement, and subject to the renewal pricing provided for in your Order Form or, if not specified in the Order Form, on our standard pricing page. In addition, on renewal, the current product usage limits in your Order Form or listed on or pricing page will apply to your subscription, unless otherwise agreed to by you and the Company. For the sake of clarification, no Subscription Term may be cancelled by you before its expiration.
B. Termination for Cause. Either party may terminate for cause: (i) upon ten (10) days’ notice to the other party of a material breach of this Agreement if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, liquidation or assignment for the benefit of creditors. This Agreement may not otherwise be terminated prior to the end of the Subscription Term.
C. Suspension for Prohibited Acts. We may suspend your access to the Services for: (i) use of the Services in a way that violates applicable local, state, federal, or foreign laws or regulations or the terms of this Agreement, or (iii) use of the Services in any way that infringes or is alleged to infringe on the copyright or trademark rights of any person or entity.
D. Suspension for Non-Payment. We may suspend your access to all or any part of the Services upon ten (10) days’ notice to you of non-payment of any amount past due. We will not suspend the Services while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If the Services are suspended for non-payment, we may charge a re-activation fee to reinstate the Services.
E. Suspension for Present Harm. If your use of the Services: (i) is creating a security vulnerability for the Services or others, (ii) is consuming excessive bandwidth, or (iii) is causing harm to us or others, then we may, with electronic or telephonic notice to you, suspend all your access to the Services.
F. Effect of Termination or Expiration. Upon termination or expiration of your subscription, you will stop all use of the fee Services and Content. If you terminate your subscription for cause, we will promptly refund any prepaid but unused fees covering use of the Services after termination. If we terminate your subscription for cause, you will promptly pay all unpaid fees due through the end of the Subscription Term. Fees are otherwise non-refundable.
G. Retrieval of Customer Data. As long as you have paid all fees owed to us, if you make a written request within thirty (30) days after termination or expiration of your subscription, we will provide you with temporary access to the Services to the extent required to retrieve, or we will provide you with copies of, all Customer Data then in our possession or control. We may withhold access to the Customer Data until you pay any fees owed to us. Thirty (30) days after termination or expiration of your subscription, we will have no obligation to maintain or provide you the Customer Data and may, unless legally prohibited, delete all Customer Data in our systems or otherwise in our control. For the purposes of this Agreement, “Customer Data” means all information that you submit or collect via the Services.
H. Free Trial. If you register for a free trial of the subscription Service, we will make the subscription Service available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period or (b) the start date of your subscription. If we include additional terms and conditions on the trial registration web page, those will apply as well. During the free trial period, (i) the subscription Service is provided “as is” and without warranty of any kind, (ii) we may suspend, limit, or terminate the subscription Service for any reason at any time without notice, and (iii) we will not be liable to you for damages of any kind related to your use of the subscription Service. Unless you subscribe to the subscription Service before the end of the free trial, all of your data on the subscription Service will be permanently deleted at the end of the trial, and we will not recover it.
Support is included in any subscription fee you pay to us. We attempt to respond to support questions within one business day; in practice, our responses are generally even faster. We do not promise or guarantee any specific response time. We try to make the subscription Services available 25 hours a day, 7 days a week, except for planned downtime for maintenance.
Customer Data (as defined above) will be and will remain your property. You expressly grant, and you represent and warrant that you have all rights necessary to grant, to the Company, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, develop, transmit, distribute, modify, reproduce, publicly display, and create derivative works of any Customer Data for the purposes of (a) providing the Services (b) developing, maintaining, supporting, and improving the Services so long as any Customer Data is not reasonably identifiable with an individual; (c) marketing, promoting and advertising the Services so long as any Customer Data is not reasonably identifiable with an individual; and (d) creating and distributing reports so long as any Customer Data is not reasonably identifiable with an individual. For the avoidance of doubt, the Company’s right to use the Customer Data includes without limitation, using Customer Data in aggregate form to create reports, provide and improve the Services, and provide better functionality to our customers.
No sensitive information
YOU AGREE NOT TO USE THE SERVICES TO COLLECT, MANAGE OR PROCESS SENSITIVE INFORMATION. WE WILL NOT HAVE ANY LIABILITY THAT MAY RESULT FROM YOUR USE OF THE SERVICES TO COLLECT, MANAGE OR PROCESS SENSITIVE INFORMATION. FOR THE PURPOSES HEREOF,”SENSITIVE INFORMATION” INCLUDES BUT IS NOT LIMITED TO ANY INFORMATION SUBJECT TO REGULATIONS, LAWS OR INDUSTRY STANDARDS, INCLUDING THOSE DESIGNED TO PROTECT DATA PRIVACY AND SECURITY, SUCH AS THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA), HITECH, AND THE PAYMENT CARD INDUSTRY DATA SECURITY STANDARDS.
All trademarks, service marks, logos and designs used in connection with the Services, whether registered or unregistered, are owned or licensed by the Company. You may not use or display any trademarks, service marks, logos or designs owned by the Company without our prior written consent.
Prior to accessing and using our subscription Services, you will need to create an account with us (your “Account”). When you create any Account with us, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. To the extent that you provide information in connection with the creation of your Account, you agree (i) to provide accurate, current and complete information; (ii) not to provide any false personal information (including a false username) or create any account for anyone other than yourself without such other person’s permission; (iii) not to use a username that is the name of another person with the intent to impersonate that person; (iv) not to use a username that is subject to rights of another person without appropriate authorization; and (v) not to use a username that is offensive, vulgar, obscene or otherwise in bad taste. You are responsible for maintaining the confidentiality of any passwords associated with your Account, monitoring all activity under your Account, and assuming full responsibility for all activities that occur under your Account (unless we cause a security breach). You agree to notify us immediately if your Account password is lost, stolen and/or disclosed to an unauthorized third party, or otherwise may have been compromised. If you chose to link your Account to any social networking or other online accounts (each, a “Third-Party Account”), the Company may access and retrieve your account information from these sites on your behalf (in some cases by using your username or password) to make certain information or services available to you through the Services. When you link these other accounts to your Account and/or the Services, you expressly authorize us to access your account information from those third-party accounts on your behalf as your agent and you permit us to access, use and, in some cases, store your account information to accomplish the foregoing. You may only link to other accounts with third parties that are yours. The Company has no responsibility or liability with respect to any Third-Party Account.
Disclaimer of warranties and limitation of liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, AND THE COMPANY AND ITS AFFILIATES, AGENTS, LICENSORS, CONTENT PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, SHAREHOLDERS, REPRESENTATIVES, CONTRACTORS AND THEIR ASSIGNS (COLLECTIVELY, THE “RELATED PARTIES”) HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, QUIET ENJOYMENT, COMPLETENESS, RELIABILITY, SECURITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, QUALITY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY OR THROUGH THE SERVICES. THE COMPANY AND THE RELATED PARTIES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION OR DATA, OR THAT NO VIRUSES OR BUGS WILL BE TRANSMITTED ON OR THROUGH THE SERVICES OR THAT DEFECTS, IF ANY, WILL BE CORRECTED, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT APPLICATION PROGRAMMING INTERFACES (APIs) WILL BE AVAILABLE AT ALL TIMES OR ANY TIME. ADDITIONALLY, IN NO EVENT WILL THE COMPANY OR ANY OF THE RELATED PARTIES BE LIABLE FOR PERSONAL INJURY OR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT THE COMPANY OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU ACKNOWLEDGE THAT THE ABOVE DISCLAIMERS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT PROVIDE THE SERVICES ABSENT SUCH DISCLAIMERS. IN THE EVENT OF ANY LIABILITY, THE COMPANY AND THE RELATED PARTIES SHALL BE COLLECTIVELY LIABLE ONLY TO THE EXTENT OF DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $50. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT PROVIDE THE CONTENT, INCLUDING THE SERVICES, TO YOU ABSENT SUCH LIMITATION. ANY CAUSES OF ACTION YOU MAY HAVE WITH RESPECT TO THE COMPANY OR ANY OF THE SERVICES MUST BE RAISED IN ARBITRATION WITHIN TWO (2) MONTHS OF THE TIME IN WHICH THE EVENTS GIVING RISE TO SUCH CLAIM BEGAN OR YOU AGREE TO WAIVE SUCH CLAIM. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE PERSONAL INJURY OR THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. Please note that we have implemented commercially reasonable and industry standard technical and organizational measures designed to secure Customer Data from accidental loss and from unauthorized access, use, alteration or disclosure. However, you acknowledge that the Company cannot guarantee that unauthorized third parties will never be able to defeat those measures.
Disclaimer for access outside of the United States or intended audience
Modifications to this agreement/entire agreement assignment
Applicable law/dispute resolution
This Agreement and the resolution of any dispute related to this Agreement or the Services shall be governed by and construed in accordance with the laws of Florida without giving effect to any principles of conflicts of law. Your use of the Services may also be subject to other local, state, national or international laws. In the unlikely event that the Company has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Company claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Actions”), by binding arbitration. The 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 be deemed as preventing the Company from seeking injunctive or other equitable relief from the courts as necessary to protect any of the Company’s intellectual property rights or other proprietary interests. ALL ACTIONS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
No third party beneficiaries
Nothing in this Agreement, express or implied, is intended to or shall confer upon any third party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
Contract for services
This Agreement is a contract for the provision of services and not a contract for the sale of goods. The provisions of the Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), or any substantially similar legislation as may be enacted, shall not apply to this Agreement. If you are located outside of the territory of the United States, the parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not govern this Agreement or the rights and obligations of the parties under this Agreement.
Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.
In the event of a conflict between the terms of this Agreement and an Order Form or agreement for consulting services, the terms of the Order Form or agreement for consulting services shall control, but only as to that Order Form or agreement for consulting services.
You will indemnify and hold harmless the Company and its successors, affiliates, officers, directors and employees against and from all third party: claims, actions, demands, damages, liability and expenses (including, without limitation, court costs and reasonable attorneys’ fees) (together, “Claims”) arising out of or in connection with your breach or alleged breach of this Agreement. The indemnifying party shall not, without the prior written consent of the indemnified party, effect any settlement of any pending or threatened proceeding in respect to which indemnified party is or could be indemnified hereunder unless such settlement either (a) includes an unconditional release of the indemnified party from all liability on all Claims that are the subject matter of such proceeding or (b) is consented to in writing by the indemnified party.
Notwithstanding anything contained herein to the contrary, the following Sections of this Agreement will survive any termination of this Agreement and the termination of your subscription to the Services, if any: Sections 1-5, 6-12 and 15-22.
If you have any questions or concerns with respect to this Agreement or the Services youmay contact the Company at firstname.lastname@example.org.
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