Terms of Use

Last Updated: December 5, 2019

Welcome to the Blume website (the “Site”). Blume makes the Site available subject to the following terms and conditions of use (“Terms”). Please read the Terms carefully as they contain the legal terms and conditions that You agree to be bound by when You access or use the Site.  If you do not agree to these Terms, then you are not authorized to access or use the Site.

By accessing any page on the Site, You agree to be bound by these Terms.  Please note that these Terms do not govern Your use of any of Blume’s proprietary software that may be made available to You via the Site.  All use of such software is governed by Blume’s separate Terms and Conditions of Use, which are available at: https://www.blumeglobal.com/terms-and-conditions.

For the purposes of these Terms, “You” means you, the person using the Site; “Blume,” “we” or “us” means Blume Global, Inc;  “Organization” means the company or entity that You represent.  “Or” shall mean “and/or”; and “including” shall mean “including without limitation”.

In the case of inconsistencies between these Terms and any information on the Site or included in any other materials provided or made available to you by Blume (e.g., promotional materials and mailers), these Terms will always govern and take precedence. To the extent that these Terms contradict or are inconsistent with any signed written agreement between Your Organization and Blume, then terms and conditions of such signed written agreement will always govern and take precedence.

Changes to the Terms

We reserve the right to amend these Terms from time to time without notice. Your continued use of the Site constitutes acceptance of any amendments, additions, or modifications to these Terms.  Therefore, please review these Terms each time You access or use the Site.

Privacy

Blume has established a privacy policy (the “Privacy Policy”) to explain to you how personal information is collected and used by Blume and its partners.  You can view the Privacy Policy here: https://www.blumeglobal.com/privacy-policy. In connection with Your use of the Site, You agree that Blume may use and maintain its data in accordance with the policies set forth in the Privacy Policy, as such Privacy Policy may be updated by Blume from time to time.

License

Blume grants to you a revocable license to access and view the Site, as well as the images, graphics, text, data, information, and other works of authorship that are made available to you via the Site (“Content”).  Except as expressly permitted under copyright law, you may not copy, download, print, remove, publish, redistribute, modify, transmit, display, sell, prepare derivative works based on, or in any way exploit the Site or any Content without the express written permission of Blume.

The Site is intended for individuals located in the United States. If you are located outside of the United States and access the Site, you do so at your own risk and choice.

Restrictions on Use

In order to use the Site, you represent and warrant that you:

1. are at least 18 years of age;
2. will not upload or submit to the Site any viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair disable or otherwise overburden the Site;
3. will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site;
4. will not access, retrieve, scrape, index, download or copy any information contained on the Site through artificial means, such as spiders, bots, hacking devices or other means;
5. will not attempt to gain unauthorized access to the Site, other user accounts, or other computer systems or networks connected to the Site;
6. will not use the Site in any way that could interfere with the rights of Blume or the rights of other users of the Site;
7. not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Content, or features that enforce limitations on the use of the Site;
8. will not impersonate any other person, falsify contact information, or otherwise attempt to mislead others as to the identity of the origin of a review or rating; and
9. will abide by all applicable laws.

Availability

Blume uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. You agree that Blume shall not be liable to you for any modification, suspension or discontinuance of the Site. You are responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site.

Trademarks

All trademarks and service marks used on the Site which identify Blume, the Site and any of Blume’s products or services are proprietary marks of Blume. All trademark and service marks used in the Services which identify third parties and their products and services are proprietary marks of such third parties. Nothing on the Site shall be deemed to confer on any person any license or right on the part of Blume or any third party with respect to any such trademarks or service marks.

Ownership and Copyright

You acknowledge and agree that the Site (including all source code associated therewith) and the Content are owned by Blume or its third party content providers (“Content Providers”) and protected by U.S. and international copyright and other intellectual property laws. Blume has the absolute right to terminate your access or exclude you from the Site if you use the Site to violate the intellectual property rights or other rights of third parties. You agree to indemnify and hold Blume harmless for any violation of this provision.

External Links

From time to time Blume may provide links that will take You to third party websites. These links are provided for Your convenience only. If You decide to access linked websites, then You do so at Your own risk. Blume does not endorse or take responsibility for the content on other web sites or the availability of other websites, and You agree that Blume is not liable for any loss or damage that You may suffer by using other websites.

No Warranty

THE SITE AND CONTENT ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  BLUME ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, ACCURACY, DELETION OF CONTENT OR FAILURE BY THE SITE.  BLUME MAKES NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY WARRANTY THAT THE SITE WILL: (A) MEET YOUR REQUIREMENTS; (B) BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUME WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION OR CONTENT ON THE SITE INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, AND CONSEQUENTIAL DAMAGES.

Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Delaware, U.S.A. without regard to its conflict of law provisions.  You agree that the United Nations Convention on Contracts for the International Sale of Goods and Article 2 of the Uniform Commercial Code shall not apply to these Terms.  Any dispute, disagreement or claim arising out of These Terms will be finally settled and determined by arbitration administered by the American Arbitration Association (the “AAA“) under its then-current International Arbitration Rules (the “AAA Rules”).  The written award of the arbitrators is final and binding upon the Parties, and judgment on or enforcement of the award may be sought, had or entered in any court having jurisdiction.  You and Blume are each entitled to appoint one arbitrator, and after consultation with the parties, the AAA shall appoint a third arbitrator.  The seat of arbitration is San Francisco, California, U.S.A.  The arbitrators may hold hearings at such other locations, as the arbitrators shall determine, after consultation with the Parties.  The arbitral proceedings and all pleadings and written evidence will be in the English language.  Notwithstanding the foregoing, nothing in these Terms prohibits Blume from seeking equitable relief in any court of competent jurisdiction without complying with the terms of this Section.

Contact

Blume is located in Pleasanton, CA, U.S.A. Any questions, comments or suggestions, including any report of violation of this Agreement should be provided to the Administrator as follows:

By E-mail: marketing@blumeglobal.com
By Fax: 781-263-0280
By Postal Mail: Blume Global
7901 Stoneridge Drive, Suite 400, Pleasanton, CA 94588