Terms of Service

  1. This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Blackhawk Systems Inc. (“Company” or “we” or “us” or “our”), concerning your access to and use of this Website.
  2. We make no representation that the Website is appropriate or available outside of the United States. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws as applicable.
  3. Minors (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to using the Website.
  4. You agree to be bound by this agreement by continuing to use the website. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this agreement. If you do not agree to abide by this agreement, do not use or continue to use the website.
  5. You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company.
  6. Content on the Website is provided “AS IS” for your information and personal use only. We do not promise or guarantee that information presented is without errors and/or omissions. We do not promise or guarantee that the Website will always be available or operational. We reserve the right to modify and/or disable the Website at any time, for any reason, without notice.
  7. The Website contains links to other websites (“Third Party Websites”) as well as content belonging to or originating from third parties (“Third Party Content”). Third Party Websites and Third Party Content are not monitored or checked for accuracy or completeness by us. We are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on this Website. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and our terms and policies no longer govern. Any purchases you make through Third Party Websites will be through other websites and from other entities, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
  8. Company may modify this Agreement from time to time at our sole discretion. Changes to this Agreement will be posted on the Website. You agree to be bound to any changes to this Agreement. Modifications to this Agreement shall be effective after posting.
  9. All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the Company Services shall be governed and construed by the laws of the state of Virginia. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. You will be liable for any attorneys’ fees and costs if we have to take any legal action to enforce this Agreement.
  10. YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  11. IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $10.
  12. You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
  13. You agree that any claims arising from your use of the Website, initiated by you or any third party on your behalf, for any reason, shall be handled through arbitration in Atlanta, GA, in the English language, at claimant’s expense. Claimant agrees to pay our attorney’s fees, plus a per-diem fee of $500 US dollars, regardless of outcome.
  14. This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. This Agreement may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.