Terms & Conditions
1. Binding Effect.
1.1 Welcome and thank you for visiting www.blankwolffcord.com (this “Site”), a website operated by AREAS, LLC (“our”). By accessing or using this Site or any services provided in connection with the Site (the “Services”), you as the user (“you”) agree to be bound by the following terms of use (these “Terms” or “Terms of Use”), as they may be amended from time to time, in our sole discretion.
1.2 It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Services and the Site. Company may revise these Terms at any time with or without additional notice to you. Such revised Terms will be effective when posted on this Site. You should revisit these Terms on a regular basis, as revised versions will be binding upon you. You understand and agree that your continued access to or use of this Site after the effective date of changes to these Terms indicates your acceptance of such revisions.
1.3 BY USING THE SITE OR THE SERVICES YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. BY ACCESSING OR USING THIS SITE OR THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY CONTAINED HEREIN. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE THIS SITE OR THE SERVICES.
1.4 Please read these Terms carefully before using this Site or the Services. These Terms are a legally binding agreement between you and Company. However, these Terms do not purport to supersede or replace any other legally binding agreements between you and Company, all of which are independent from your use of the Site and independent from these Terms.
1.5 If Company has reason to suspect that you have breached these Terms, Company may terminate, suspend or cancel your use of the Site or Services; provided, however, that Company reserves the right to terminate, suspend or cancel your use of the Site or Services with or without cause at any time or from time to time without notice or liability and in its sole and absolute discretion. Any suspension, termination or cancellation of your use of the Site or Services shall not affect these Terms including, but not limited to, the provisions related to indemnification and limitations of liability, which shall survive any such termination, suspension, or cancellation.
1.6 Company reserves the right to modify, terminate and suspend the operation of this Site, as well as the provision of any or all products or Services via this Site, without notice or liability, at any time and for any or no reason in its sole and absolute discretion.
2. Privacy Policy. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current website privacy policy (the “Site Privacy Policy”) can be found by clicking here. Company’s privacy policy is expressly incorporated into this Agreement by this reference. By agreeing to these Terms, you acknowledge and consent to the collection and use of your personal information as described in the Company’s Site Privacy Policy, as it may be amended from time to time.
3. Content.
3.1 You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives including, without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
3.2 When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit, or that is provided or transmitted by you to Company. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
3.3 You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site or Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
3.4 Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:
Via phone at:
916.847.6500
Via email at:
3.5 Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high-quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your communications, information and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your access to the Site and Services immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.
3.6 You understand that communications distributed by this Site may be distributed by electronic mail, which is by its nature insecure and unreliable. Electronic mail is subject to interception, misdirection and loss. An electronic mail message may be forwarded by its intended recipient to other unintended recipients. Any recipient of an electronic message sent by this Site may access the hypertext links to files contained on this Site, as this Site does not authenticate or validate the identity or authority of any person following a hypertext links contained in any such message.
4. Contact Us. You may contact us through the “Contact Us” portion of the Site. In order to communicate with Company through this Site, you will need to provide your name and email address. You are solely responsible for your communications with Company, your contact information, and any other information you make available to Company through the “Contact Us” portion of our Site or otherwise (your “Information”). You assume all risks associated with communicating your Information to Company including, but limited to, reliance on its quality, accuracy or reliability by any other person or entity.
5. Your Conduct. You covenant and agree as follows:
5.1 You will not violate these Terms or any of Company’s rights or use this Site to violate the rights of any third party.
5.2 You will use your true legal name and true electronic mail address, and only provide accurate and complete information on or through this Site.
5.3 You will provide at your cost all equipment, software, mobile access and Internet access necessary for you to use this Site.
5.4 You will copy information from this Site only as necessary for your personal, non-commercial use to view, save, print, fax or e-mail such information.
5.5 You will not otherwise reproduce, modify, distribute, display or provide access to this Site or its content.
5.6 You will not create derivative works from, decompile, disassemble or reverse engineer any portion of this Site.
5.7 You will not upload to or distribute through this Site any binary code, macros or other executable code, or any file that contains any viruses, Trojan horses or other components designed to commandeer, limit or harm the functionality of a computer.
5.8 You will not record, process or mine information about other users, or access, retrieve or index any portion of this Site.
5.9 You will not remove or modify any copyright or other intellectual property notices that appear on this Site.
5.10 You will not access or use this Site in any manner that could damage, disable, overburden, place an unreasonable load on, interfere or attempt to interfere with the proper working of, or impair, this Site, its computer systems, network or the Information or communications from any other user.
5.11 You will not attempt to gain unauthorized access to any parts of this Site or any user Information or communications, or any of this Site’s computer systems or networks.
5.12 You will not use this Site in any way that is unlawful, harms Company’s business, Company’s services, Company’s representatives, or any other users of the Site or Services, or breaches any of Company’s policies, terms of use, or other terms and conditions.
5.13 You will not impersonate another person or misrepresent your affiliation with another person or entity, such as by using another person’s user name or other information, or another person’s name, likeness, image or photograph.
5.14 You will not charge any person for access to any portion of this Site or any information on this Site.
5.15 You will not access this Site through automated queries (such as by screen or database scraping, spiders, robots, crawlers or any other automated activity with the purpose of obtaining information from this Site) without Company’s prior express written permission.
5.16 You will not engage in “framing” or “mirroring,” or otherwise simulate the appearance or functionality of this Site.
5.17 You will not assist, encourage or enable others to do any of the preceding prohibited activities.
6. Representations and Warranties. You represent and warrant as follows:
6.1 You are 18 years or older and you have all requisite rights and authority to use the Site and to enter into these Terms.
6.2 The performance of your obligations under these Terms will not violate, conflict with, or result in a default under any other agreement, including confidentiality agreements between you and third parties.
6.3 You will use the Site and Services for lawful purposes only and subject to these Terms.
6.4 You are responsible for all use of the Site and Services by persons accessing the Site and Services through you.
6.5 You agree that Company will not be liable for any losses incurred as a result of a third party’s use of the Site or Services, regardless of whether such use is with or without your knowledge and consent.
6.6 You will not use the Site or Services in any manner that could damage, disable, overburden or impair the Site, or interfere with use of the Site or Services by others.
6.7 Any information submitted to or through the Site by you is true, accurate, and correct.
6.8 You understand that, except at expressly stated in these Terms, these Terms do not grant you any license to use, reproduce, distribute, display or provide access to any portion of this Site or the Services or any third-party websites or portals, or otherwise.
6.9 You will not attempt to gain unauthorized access to the Site or Services or information or communications from other users, or computer systems, or networks under the control of Company through hacking, cracking, password mining, or any other unauthorized means.
6.10 You agree to immediately notify Company of any unauthorized use of your email account, name, or identity.
6.11 You are solely responsible for maintaining the confidentiality of your email address, name, communications, and other information related to you.
6.12 You are not a competitor of Company and are not using the Site or Services for reasons that are in competition with Company.
6.13 If you use this Site in your capacity as an employee, owner or otherwise as an agent of another person or entity, you agree on behalf of yourself and such person or entity, jointly and severally, to be bound by these Terms.
6.14 You will not impersonate another person or misrepresent your affiliation with another person or entity, including using another person’s name, email address, or other contact information or another person’s name, likeness, image or photograph.
6.15 Your consent to be bound to any consents, notices, disclosures or other records or documents to be entered into between you and Company (“Electronic Contracts”), whether by typing your name, checking a box, pressing a button, clicking through a link, or demonstrating other intent to be bound to such Electronic Contract, shall create a legal, valid and binding contract enforceable against you in accordance with its terms.
7. Intellectual Property. Company owns all of the content that is made available in connection with this Site (the “Site Content”) including, but not limited to, visual interfaces, interactive features, graphics, designs, databases and their data, computer code, products, software and all other elements and components of this Site. Company also owns the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world associated with this Site and the Site Content, which are protected by copyright, trade dress, patent, trademark and other applicable intellectual property rights and laws. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, perform or in any way exploit any of the Site Content in whole or in part, except as expressly authorized by the applicable rights holder. Except as expressly and unambiguously provided by these Terms, Company does not grant you any express or implied rights, and all rights in and to this Site and the Site Content are retained by Company.
8. Affiliated Sites and Portals.
8.1 Company has no control over, and no liability for any third party websites or materials. Company works with a number of affiliates whose Internet sites and portals may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these affiliate sites, Company makes no representations, warranties, covenants, agreements, or guarantees about the accuracy, currency, content, or quality of the information or services provided by such affiliate sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites or through those portals. Similarly, from time to time in connection with your use of the Site or Services, you may have access to content items (including, but not limited to, websites and portals) that are owned by third parties. You acknowledge and agree that Company makes no representations, warranties, covenants, agreements, or guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all of Company’s content, and affiliate sites will have separate Terms of Use governing your use of any and all of their content. Neither these Terms nor this Site endorse or take responsibility for any third-party content. You agree that the Company is not responsible for the availability of any third-party content. You understand that the Company has no obligation to, and generally does not, approve or monitor materials provided or made available by third parties through this Site or our Services. Your use of third-party content is at your own risk.
9. DISCLAIMER OF WARRANTIES.
9.1 THIS SITE AND THE SERVICES ARE PROVIDED “AS IS.” COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO THE SITE, THE SERVICES, OR ANY MATTER WHATSOEVER. COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY, ACCURACY, AND TITLE. COMPANY DOES NOT WARRANT THAT THIS SITE OR THE SERVICES ARE, OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR BE TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THIS SITE OR THE SERVICES. YOU WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF COMPANY TO ANY THIRD PARTY. USE OF THIS SITE AND THE SERVICES IS AT YOUR SOLE RISK. COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITE OR AS PART OF THE SERVICES.
9.2 Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to you. In such event, such warranties are limited to the minimum warranty period allowed by the applicable law. Without limiting the generality of the foregoing, Company does not make any warranty of any kind with respect to freedom from patent, trademark, or copyright infringement, or theft of trade secrets and Company does not assume any liability hereunder for any infringement of any patent, trademark, or copyright arising from the use of the Site, Services, or rights granted or provided by Company hereunder.
10. LIMITED LIABILITY.
10.1 COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES, OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. THIS LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF THE THEORY OF LIABILITY. IF APPLICABLE LAW LIMITS THE APPLICATION OF THE ABOVE LIMITATION OF LIABILITY, COMPANY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10.2 IN NO EVENT WILL ANY OF THE OFFICERS, TRUSTEES, DIRECTORS, PARTNERS, EMPLOYEES, CONSULTANTS, BENEFICIARIES, JOINT VENTURERS, MEMBERS, STOCKHOLDERS OR OTHER PRINCIPALS OR REPRESENTATIVES OF COMPANY, EVER BE PERSONALLY LIABLE TO YOU UNDER, ARISING OUT OF, OR RELATED TO THESE TERMS, AND YOU HEREBY WAIVE THE RIGHT TO RECOVER DAMAGES FROM ANY SUCH PERSONS.
11. Indemnification.
11.1 You agree to indemnify, defend and hold harmless Company as well as Company’s parents, subsidiaries, affiliates, suppliers, licensors and partners including, but not limited to, the shareholders, officers, directors, employees, agents and representatives of each of them (collectively, the “Company Parties”) from and against any and all claims, liabilities, damages and costs (including, but not limited to, attorneys’ fees) arising out of or relating to: your access to or use of this Site or the Services; your violation of these Terms or Company’s Privacy Policy including, without limitation, your breach of any representation or warranty; your infringement, or the infringement of any third party using your name or email address, of any intellectual property or other right of any person or entity; or the nature and content of all materials, electronic contracts, works, data, statements and other visual, graphical, communications of any nature submitted by you or otherwise processed through your name or email address.
11.2 Company reserves the right to, but is not obligated to, assume the exclusive defense and control of any matter for which you are required to indemnify the Company Parties, and you agree to cooperate with Company’s defense of such claims. You agree not to settle any such matter without Company’s prior written consent. Company will use reasonable efforts to notify you of any such claim, action or proceeding when Company becomes aware of it. Each of the Company Parties is an express third-party beneficiary of this indemnification provision, with full rights to enforce its terms.
12. Miscellaneous
12.1 Governing Law. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Nevada, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in City of Las Vegas, County of Clark, State of Nevada, USA in all disputes arising out of or related to the use of the Site or Service.
12.2 Arbitration. Any dispute, controversy or claim arising out of or in connection with or relating to your use of this Site, the Services, or these Terms, or any breach or alleged breach these Terms, shall be submitted to a single arbitrator and settled by binding arbitration pursuant to the Commercial Rules then in effect of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the City of Las Vegas, County of Clark, State of Nevada. Judgment upon the award may be entered in any court of competent jurisdiction. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY DISPUTE ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS.
12.3 No Assignment. These Terms, and any rights or obligations under these Terms, are not assignable, transferable or sublicensable by you except with Company’s prior written consent but may be assigned or transferred by Company without restriction. Any attempted assignment by you shall violate these Terms and be void.
12.4 Beneficiaries. Nothing in these Terms is intended to, nor will be deemed to, confer rights or remedies upon any third party.
12.5 Amendments; Waivers. Company may modify these Terms at any time or from time to time. These Terms may not be modified, amended, terminated or waived, in whole or in part, by you except by a written instrument signed by Company. Except as expressly set forth herein, any failure of a party to take action in response to any breach of these Terms by the other party shall not constitute a waiver of such breach or of performance required by the other party; and no waiver of any provision of these Terms shall constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a continuing waiver unless expressly provided therein.
12.6 Force Majeure. Neither party will be liable for, or be considered to be in breach of or default under these Terms on account of any delay or failure to perform as required by these Terms as a result of any cause or condition beyond such party’s reasonable control, so long as such party uses all commercially reasonable efforts to avoid or remove such causes of non-performance or delay.
12.7 Notices. To send notices to Company, or if you have any questions regarding these Terms, please contact Company at info@blankwolffcord.com. Company may provide you with notices, including notices of changes to these Terms, by electronic mail, regular mail or communications through this Site.
12.8 Entire Agreement. These Terms contain the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous representations, promises, agreements and understandings, whether oral or written, between the parties concerning the subject matter hereof. You may from time to time enter into binding legal agreements relating to certain services available through the Site, which may have terms that are different from those of these Terms. In the event of any inconsistency, the terms of such other agreement shall control with respect to such services.
12.9 Severability. If any provision of these Terms is deemed to be invalid or unenforceable, the remaining provisions of these Terms shall be valid and binding and of like effect as though such provision were not included.
ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.