Terms of Service

1. Acceptance of Terms

Your use of the software and services offered by BLINKS MEDIA, LLC (“BLINKS MEDIA”) via the blinksmedia.com website (the “Site”) is governed by the following “Terms of Service”. This is a legal contract that includes our privacy policy, which can be found at blinksmedia.com/privacy-policy. By using any software or services offered by BLINKS MEDIA (the “Services”), you consent to the terms of this Agreement.

We reserve the right to periodically update these Terms. We will display a notice to inform you of any changes to our Terms. It is your responsibility to review this Site and these Terms regularly. Your continued use of the Site and its services signifies your acknowledgment and acceptance of the revised Terms.

In these Terms, “Affiliates” includes all parties involved in developing, producing, and/or delivering this Site and/or the Services made available on this Site. This definition encompasses our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers.

BY USING THIS WEBSITE AND THE SERVICES ON THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES. THESE TERMS TAKE EFFECT WHEN YOU FIRST USE THE SITE OR SERVICES OR WHEN YOU ACCEPT THEM DURING SIGN-UP, WHICHEVER COMES FIRST.

2. Services

BLINKS MEDIA provides a multitude of product integrations and services for users on our Site, which you may subscribe to through our Site.

a. No Guarantee

Although BLINKS MEDIA works hard to provide quality Services, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Services available on this site.

b. Temporary Interruptions

You understand and agree that temporary interruptions of the Site may occur. You also understand and agree that we have no control over third-party networks or services that we may use to provide you with Services. You agree that the Services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, interruption, or failure to store any user communications or personalization settings.

c. Right to Modify the Services

We reserve the right to implement new elements as part of the Services, including changes that may affect the previous mode of operation of the Services. We believe that any such modifications will enhance the overall Services, but it is possible that you may disagree.

d. No Contingency on Future Releases and Improvements

You understand that your purchase of the Services on our Site is not contingent on the delivery by us of any future release of any functionality or feature, nor is it dependent on the continuation of a certain service beyond its current subscription term or third party services, or any public comments we make regarding future functionality or features.

3. Payment

a. Fees

If you choose to purchase one or more of the Services provided on our Site, you agree to pay all fees associated with the Services. We offer tiered pricing for different levels of services and products based on the services you choose to use through our monthly subscription. In addition to our monthly subscription services, you may purchase add-in services for a one-time fee or recurring subscription fees. Fees may change from time to time.

Any charges incurred by your purchase or use of the Services will be billed to the credit card we have on file. If you sign up for a Service that is ongoing and incurs recurring charges (such as a subscription), such charges will be billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address, and telephone number, and to provide us with any changes in such information within 10 days of the change.

b. Overdue Amounts

If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate performance of Services or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

c. All Subscriptions Non-refundable

Except as described below, all fees paid for the Services provided on our Site are non-refundable, and no prorated refunds or credits will be offered for partially used subscriptions. However, if we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.

We reserve the right to issue refunds or credits at our sole discretion in the following situations:

• Where we materially modify Terms of Service, Privacy Policy during a billing period and such modification adversely affects you, we may refund a portion of your subscription fee equal to the remaining unused term, as we determine appropriate or as may be required by applicable law. To be eligible for a refund, you must provide written notice which must (a) identify your account and (b) request cancellation of the specific Service. The cancellation will be effective upon our receipt of your notice and our determination that you are authorized to effect such cancellation. Please refer to the section, “How to Send Notices to BLINKS MEDIA,” below on how to provide notice to us.
• As noted in the section, “Services,” where a modification or interruption adversely affects you and alternative remedies as specified in our Terms of Service are not available, we may refund a portion of your paid subscription fee equal to the remaining unused term of your subscription, as we determine appropriate or as may be required by applicable law.

d. Contractor Growth Plan

This subsection applies if you subscribe to the BLINKS MEDIA Contractor Growth Plan (the “Plan”). If anything in this subsection conflicts with another part of these Terms, this subsection controls for the Plan.

1. What the Plan includes. The Plan costs $347 per month, all-in, plus applicable sales tax. “All-in” means every service listed in this item is included in the monthly price; sales tax is added where applicable. The Plan includes: (a) a website for your business that we build, host, and maintain while you are subscribed; and (b) an AI receptionist that answers your business calls 24/7, can book appointments in English and Spanish, and sends text-message confirmations. The Plan includes 300 AI minutes per month. Unused minutes do not carry over to the next month.
2. Additional minutes. If you use more than 300 AI minutes in a monthly billing period, the AI receptionist keeps answering and each additional minute is billed at $0.30 per minute. Additional minutes are added to your next monthly bill.
3. Setup fee. We do not charge a setup fee to a limited number of founding clients. Whether you qualify as a founding client will be confirmed in writing before you sign up. Any setup fee for clients who are not founding clients will be quoted to you in writing before you sign up.
4. Billing. The Plan is billed monthly, in advance, to the payment method on file, as described in section 3a. Sales tax is added to the monthly price and to any additional minutes where applicable.
5. Month to month; cancel anytime. The Plan is month to month. There is no long-term contract and no early termination fee. You may cancel at any time by written notice as described in section 11c. Cancellation takes effect at the end of your current paid monthly billing period, and you will not be billed for the following month. The current month is not refunded, and any additional minutes already used remain due.
6. Your domain name. The domain name for your business is always yours, whether or not you stay on the Plan. If we register the domain on your behalf, we register it in your name, or we will transfer it to you on request at no charge.
7. Website ownership after 12 months. After you complete 12 continuous months on the Plan, the website we built for you under the Plan is yours to keep. If you then request it in writing, we will deliver a full backup and export of your website (its files, content, and database) to you.
8. Cancelling before 12 months: website buyout. If you cancel before completing 12 continuous months on the Plan:
   1. your domain name remains yours;
   2. you may keep the website by paying a one-time buyout of $100 for each month remaining in your first 12 months (for example, if you cancel after 3 months, 9 months remain and the buyout is $900);
   3. to keep the website, you must pay the buyout within 30 days after you give us notice of cancellation. The website stays online during that 30-day window, even if your cancellation takes effect sooner. After we receive payment, the website is yours, and if you request it in writing, we will deliver a full backup and export of it as described in item 7; and
   4. if you do not pay the buyout within that 30-day window, the website will be taken offline at the end of the window (or when your cancellation takes effect, if that is later), and we have no obligation to keep a copy of it after that.
9. Third-party components. Items we license from third parties (for example, certain themes, plugins, fonts, or stock images) remain subject to their own licenses, and we may need to remove or replace them when the website is transferred to you.
10. AI receptionist stops when you cancel. The AI receptionist and related AI services stop when your cancellation takes effect.
11. Your business phone number. The business phone number used for your AI receptionist is yours. If you cancel, we will help you transfer (port) it to a provider of your choice. Carrier port-out rules apply.
12. No results guarantee. As stated in section 2a (No Guarantee), we do not guarantee any specific results from the Plan, including any number of calls, leads, bookings, jobs, rankings, or revenue.
13. Your responsibilities for the AI receptionist. The AI receptionist answers, records, transcribes, and processes calls and texts with your callers on your behalf. You are responsible for: (a) giving any notice and getting any consent that applicable law requires for recording calls and for texting your callers (for example, a greeting that tells callers the call may be recorded); (b) your own privacy policy for your customers; (c) the accuracy of the business information, hours, services, and prices you give us; and (d) reviewing and confirming appointments booked by the AI. The AI can make mistakes and is not a substitute for emergency services. Callers with an emergency should call 911. We process your callers’ information to provide the Plan to you, as described in our Privacy Policy.

4. Site Conduct, Posting Policies & Third Party Websites

a. User-Created Content Guidelines

Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Site. By posting information on the Site, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Site, you agree that you will not post comments, messages, links, code or other information that:

• is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
• consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
• contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
• breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site;
• impersonates any person or entity, including any of our employees or representatives.

At our sole discretion, BLINKS MEDIA may choose to unpublish or otherwise make not available for public viewing, any material we deem unnecessary for use of our Site.

b. User customization.

BLINKS MEDIA platform within our Site may be modified by users, incorporating the users’ name, logo, trademark, and color scheme into user’s individual access area within our Site, and/or by otherwise applying a user-built code on top of BLINKS MEDIA platform. You are solely responsible for copyright, trademark or other intellectual property concerns connected with your customized look and feel of our Site. You acknowledge that you may not be able to customize our Site according to your unique branding to the extent that your customization would appear to be independently developed.

c. No Endorsement

BLINKS MEDIA neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police or monitor comments posted on our Site, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.

BLINKS MEDIA may publish content featuring testimonials of our users, and any views or opinions expressed in such posts are personal and do not constitute or imply any approval, sponsorship or endorsement of BLINKS MEDIA.

d. Third-Party Sites and Information

This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.

e. Promotions

From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

f. Electronic Communication

When you enroll in the Online Service, you must designate a primary email address that will be used for receiving electronic communication. To the extent that BLINKS MEDIA maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by BLINKS MEDIA for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Account(s) with BLINKS MEDIA. We will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from BLINKS MEDIA, do not respond to the email and notify BLINKS MEDIA by emailing us at support@blinksmedia.com

5. BLINKS MEDIA Intellectual Property

a. Content

For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by BLINKS MEDIA or its Affiliates.

b. Ownership of Content

By accepting these Terms, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States and is the sole property of BLINKS MEDIA or its Affiliates.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of BLINKS MEDIA or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of BLINKS MEDIA or its Affiliates.

A third party website may feature our logos or trademarks, with or without authorization. Our logos or trademarks featured in any third party website do not constitute or imply any approval, sponsorship or endorsement of BLINKS MEDIA.

c. Limitations on Use of Content

Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Site content violates our intellectual property interests and could result in criminal or civil penalties.

d. No warranty for Third-Party Infringement

Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.

6. Content You Create

a. Your Intellectual Property Rights

You own and retain all rights to your data and your code for customizing BLINKS MEDIA platform. You grant us and our applicable third parties to use your data as necessary to provide the Services to you and as permitted by this Agreement and our Privacy Policy. If you are using the Services on behalf of another party, then you represent and warrant that you have all sufficient and necessary rights and permissions to do so. Subject to the limited license granted, we acquire no right, title or interest from you or your licensors under this Agreement.

We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringement, BLINKS MEDIA or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act,17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.

If you believe that you or someone else’s copyright has been infringed by BLINKS MEDIA or User Content provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:

1. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
2. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
3. The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
4. A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
6. The Rights Holder’s electronic signature.

Notice may be sent to:

By e-mail: support@blinksmedia.com

b. Counter-Notification

If material that you have posted to our Site has been taken down, you may file a counter-notification that contains the following details:

1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
3. Your name, address and telephone number;
4. A statement that you consent to the jurisdiction of federal district court in the federal district court in the State of Texas and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.
5. Your physical or electronic signature.

c. Notice may be sent to:

By e-mail: support@blinksmedia.com

You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our site without liability to you or any other party.

d. Submission of Ideas

Our Site may include a platform through which users may submit ideas to use for new products, services and/or related features (each, an “Idea”). By submitting an idea to BLINKS MEDIA, you agree to the following unless we have mutually agreed in writing otherwise:

• You are submitting your Idea to BLINKS MEDIA on a voluntary, non-confidential and gratuitous basis;
• You grant BLINKS MEDIA and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use any Idea you submit to BLINKS MEDIA without restrictions or payment or other consideration of any kind, or permission or notification to you or any third party. The license includes, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Idea, and all rights therein, in the name of BLINKS MEDIA or its designees throughout the universe in perpetuity in any and all media now or hereafter known;
• BLINKS MEDIA may already be working on the same or a similar Idea, that it may have received a similar or identical Idea from other sources;
• To the best of your knowledge, the Idea represents your own original work, you have all necessary rights to disclose the Idea to BLINKS MEDIA, and neither your disclosure of the Idea nor BLINKS MEDIA’s review and/or use of the Idea will infringe upon the rights of any other individual or entity;
• Disclosing your Idea to BLINKS MEDIA does not establish a confidential relationship or obligate BLINKS MEDIA to treat the Idea as confidential;
• BLINKS MEDIA has no obligation to develop or use your Idea and does not owe you or anyone else any compensation for any use of your Idea or any Ideas that are related to or derived from your Idea;
• BLINKS MEDIA assumes no obligation with respect to any Idea unless and until it enters into a written contract with you, and then only as expressed in such written contract;
• If your Idea is the subject of a patent that is pending or has been issued, you have or will disclose that fact to BLINKS MEDIA. BLINKS MEDIA acknowledges that to the extent you hold a patent in the Idea, no license under any patent is granted herein to BLINKS MEDIA;
• Any license to use a patented Idea shall be in the form of a written contract, and BLINKS MEDIA’s obligations shall be limited to only those in such written contract;
• BLINKS MEDIA is not obligated to review your Idea, give reasons for rejecting your Idea, or disclose any activities that are related to the subject matter of your Idea;
• You will not construe BLINKS MEDIA’s review of your Idea, or any discussion, negotiations or offer between yourself and BLINKS MEDIA relating to the possible purchase or license of your Idea, as recognition of the novelty, originality, priority, other rights, or value of your Idea, and BLINKS MEDIA’s discussions or negotiations with you will not in any way impair BLINKS MEDIA’s right to contest the validity or infringement of your rights;
• You hereby irrevocably release and forever discharge BLINKS MEDIA from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against BLINKS MEDIA or its respecting successors and assigns with respect to the Idea, including without limitation in respect of how BLINKS MEDIA directly or indirectly uses the Idea, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement; and
• You agree that you are responsible for the content of the Idea and further agree (at BLINKS MEDIA’s option and at your sole expense) to defend, indemnify, and hold BLINKS MEDIA harmless from any and all actions, claims, and liabilities, demands, whether absolute or contingent and of any nature whatsoever, damages, losses, costs, fees, fines or expenses, including reasonable attorneys’ fees, which BLINKS MEDIA may incur as a result of, use of, or are related to your Idea and anything contained therein in accordance with these Terms of Service.

7. Data Stored on Our Servers

Subject to our Privacy Policy (https://www.blinksmedia.com/privacy-policy), you agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. You acknowledge that we reserve the right to remove or terminate accounts which have not paid a subscription fee, that remain inactive for longer than 1 year, or in cases where you have violated one or more terms of this Agreement.

8. Privacy & Security

a. Login Required

In order to access some of the Services on this site, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

b. Passwords & Security

If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.

c. Disclosure to Third Party Affiliates

Subject to our Privacy Policy (https://www.blinksmedia.com/privacy-policy), you hereby grant us the right to disclose to third parties certain Registration Info about you. The information we obtain through your use of this site, including your Registration Info, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

d. Non-Transferability of User Account

User Accounts are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Site with his or her password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by BLINKS MEDIA unless acknowledged by BLINKS MEDIA in writing. BLINKS MEDIA has no obligation to provide you with written acknowledgment. BLINKS MEDIA may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.

9. Disclaimer

ALL CONTENT AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, SERVICES OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SERVICES OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR SERVICES PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any products or services provided by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees relating to such transactions, are solely between the seller of such merchandise and you.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OF OUR AFFILIATES.

WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS SITE SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

10. Limitation of Liability & Indemnification

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Site shall be limited to the amount you paid us for Services purchased on the Site during the 3 month period before the act giving rise to the liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR SERVICES OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

You agree to defend, indemnify, and hold us and our Affiliates harmless from all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with: (1) use of or reliance on information or data supplied or to be supplied by You; (2) any breach of or default under the terms or conditions of this Agreement by You; (3) the wrongful use or possession of any BLINKS MEDIA Property by You; (4) any negligence, gross negligence or willful misconduct by You or your employees or agents; and/or (5) any disputes between (i) You and other Users (ii) You and your client(s) and/or (iii) your clients.

11. Termination of Use

a. Grounds for Termination

You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.

b. No Right to Services Upon Termination

Upon termination and regardless of the reason(s) motivating such termination, your right to use the Services available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1 and 3-11 of these Terms, as well as your liability for any unpaid fees, shall survive any termination.

c. How to Cancel, Terminate or Make Adjustments

Month-to-month plans (including the Contractor Growth Plan): You may cancel at any time by emailing support@blinksmedia.com from the email address on your account, or by any other cancellation method we make available to you. Your cancellation takes effect at the end of your current paid monthly billing period, and you will not be billed again after that. No advance notice period applies. If the plan includes a website, section 3d explains what happens to your website and domain name.

All other subscriptions: If you would like to terminate any other subscription or make adjustments to it, BLINKS MEDIA requires written notice at least 30 days before your next billing date, sent to support@blinksmedia.com.

We will confirm your cancellation by email.

d. No Termination by Third Party Users

BLINKS MEDIA has limited access to subscriptions not directly purchased from us. Any user who has been given access to our Site by any party other than BLINKS MEDIA, must contact the party who originally provided access to our Site for any inquiries related to termination.

12. Miscellaneous Provisions

a. Privacy

Personally identifiable information or aggregate information that you provide will be handled in accordance with BLINKS MEDIA’s Privacy Policy (https://www.blinksmedia.com/privacy-policy).

When you provide access to our Site to any other parties, i.e. your client(s), you must implement and enforce your own Privacy Policy, providing the level of protection at least equal to that provided to you by BLINKS MEDIA. You must obtain consent from your client(s), affirmatively acknowledging that your client(s) agree(s) to be bound by your privacy policy.

b. International Use

Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Services, and/or information made in connection with this Site is void where prohibited.

c. Governing Law

This Site (excluding any Third Party websites) is controlled by us from our offices in Texas, and the statutes and laws of Texas shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue to Dallas, Texas or appropriate federal/state court of Texas with respect to such matters controlled by that court.

d. How to Send Notices to BLINKS MEDIA

All notices to a party shall be in writing and shall be made via email. Notices to us must be sent to the attention of Customer Service at support@blinksmedia.com. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; or (4) on the delivery date if transmitted by confirmed email.

e. Force Majeure

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

f. Savings Clause

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

g. No Waiver

Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

h. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.

i. Text Messaging (SMS) Terms

Program. If you give us your mobile number and agree to receive calls and text messages (for example, by checking the consent box on our website forms), BLINKS MEDIA may call and text you at that number about your inquiry, demo, appointment, setup, and follow-up, including with automated technology.

Message frequency varies. Message and data rates may apply. Consent is not a condition of purchase.

Opt out: Reply STOP to any text message to stop receiving texts from us. We will send one message confirming that you have opted out. Help: Reply HELP for help, or contact us at support@blinksmedia.com or (972) 627-4487.

Mobile carriers are not liable for delayed or undelivered messages. Your mobile information and SMS opt-in consent are handled as described in our Privacy Policy (https://blinksmedia.com/privacy-policy/); we do not share or sell them to third parties for their marketing purposes.

Text messages that our AI receptionist sends to your customers on your behalf are sent for you as our client, and you are responsible for those messages under section 3d.