Please review https://blotter.com/terms-of-use/ on January 1st of every year for updated compliance and important information regarding your services.
By accessing any Blotter services, including all website functionality and third-party services provided for clients, you are agreeing to be bound by these policies, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
2. Sub-contracting Rights
Blotter reserves the right to assign subcontractors to services to ensure the right fit for the job as well as on-time completion. Services such as copywriting and programming are routinely assigned to subcontractors with relevant experience to the current project.
The service provided “as is”. Blotter makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Blotter does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked. The service provided “as is”. Blotter makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Blotter does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked. All content written and submitted to Client may be published and/or distributed by Client as the Client sees fit, using any name they deem suitable, provided that attribution be vetted with the individual before publishing. Blotter agrees to use reasonable care to ensure that all facts and statements in content are true and that the content does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party. It remains the Client’s discretion and responsibility to use or not use the submitted content, and any liability resulting from article is the sole responsibility of the Client, not Blotter. Client agrees to give Blotter assumption rights when producing content, including the selection of facts, ideas and artwork. Client agrees to provide current version and access to WordPress for each instance where a post will be made on behalf of client. Technical limitations when accessing or formatting content are not the responsibility of Blotter and all reasonable technical changes will be made by client to prevent obstacles when posting on behalf of the client.
In no event shall Blotter or its suppliers, third-party vendors or custom software be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the software or services provided by Blotter, even if Blotter or a Blotter-authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. The client agrees to indemnify and hold Blotter and its third parties harmless against any and all claims, costs, and expenses, including attorney’s fees, due to activity pertaining to services provided. The client represents and warrants to Blotter that to the best of the client’s knowledge, use of the client content and intended functionality does not infringe the rights of any third party. Blotter represents and warrants to the client that to the best of Blotter’s knowledge, the deliverables will not violate the rights of any third parties. Blotter, Inc. does not take liability for the protection of individuals, groups, organizations, businesses, spectators, or others who may visit the client’s website and utilize the services, information, links or communication tools herein. In consideration for the “go live” for the website staged by the client, the client hereby release and forever discharge Blotter and its employees from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by using the website. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known or not known to exist. The provisions of any state, federal, local or territorial law or state providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived.
5. Revisions and Errata
The materials appearing in support documentation include technical, typographical, or photographic errors. Blotter does not warrant that any of the materials are accurate, complete, or current. Blotter may make changes to the software and materials at any time without notice. Blotter does not, however, make any commitment to update the software or materials.
6. Links and 3rd Party Modules and Plugins
Blotter has not reviewed all of the sites, 3rd Party Modules and Plugins linked to its services and is not responsible for the contents of any such links. The inclusion of does not imply endorsement by Blotter of the site or services. Use of any such service is at the user’s own risk.
8. Governing Law
Any claim relating to Blotter shall be governed by the laws of the State of New York without regard to its conflict of law provisions. This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding of the parties. Its terms can be modified only in writing agreed upon by both parties, except that the Client may authorize expenses or revisions orally. Any dispute arising out of this agreement will be resolved by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration through the American Arbitration Association. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement shall be governed by the laws of the State of New York and courts of such state shall have exclusive jurisdiction and venue.
9. Reservation of Rights
The website shall be and remain the possession of Blotter and its third parties until the client makes payments on outstanding invoices. Blotter reserves the right to turn off website and withhold access to content if payment is more than one month late, regardless of whether a “Termination Letter” has been sent. Until full payment is received for outstanding invoices, Blotter retains full custody of all materials developed for a client. Upon full payment and within 1 month of termination, Blotter will release website and content to client. Client has 30 days after issuance of “Termination Letter” to make payment of debts and to access the website and content, after which time website and content will be deleted and no access will be available. Proprietary property, modules, designs, PHP and Plugins are never considered the possession of client unless specifically indicated within a contract. Blotter retains the right to use the materials developed as a sample of work for promotional, competitive and portfolio purposes.
Any Agreement shall continue until the agreement between you, the client or end user, and Blotter or an authorized third party, whichever is applicable, terminates by mutual agreement. A minimum three-month charge (up to 12 months unless otherwise agreed upon) will be billed to client if less than 90 days prior notice is given by client to terminate service with Blotter. Client agrees to pay in whole any fees that fall outside of written agreements, including verbal and email contracts for service. Blotter and its Third Parties may if it determines, in its sole discretion, that the the client or end user has violated any provision of their contract or agreement, terminate an agreement immediately. Upon termination for any such reason, all rights granted herein shall immediately cease and the client or end user shall immediately end all use of the Services. Additionally, the client or end user shall immediately return all originals and copies of any Blotter and Third Party confidential, property, information, including all documentation, manuals, instructions and other information associated with the services.
11. Service Maintenance Windows
Blotter and its representatives reserve the right to service Blotter-maintained services in situations requiring emergency maintenance, upgrades or other seen or unforeseen circumstances. Blotter reserves 5:00 pm – 6:00 pm Eastern Time (ET) for servicing client services or end user services. Every effort will be made to arrange the service maintenance window during non-business hours. Blotter is not responsible for business disruptions during this time. Blotter reserves the right to revert the website to a previous iteration for the purpose of restoring functionality, which may result in the loss of information. Every effort will be made to minimize negative impact.
All material considered confidential by either party shall be designated as confidential. Confidential Information shall not be disclosed to third parties and shall only used as needed to perform this Agreement. Confidential Information shall not include any information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without a restriction on disclosure. Blotter and client or end user guarantees that information shared during the development of a project will not be distributed, discussed or otherwise shared with any other parties unless Blotter or client or end user is required to do so by court order.
13. Copyrights and Trademarks
Clients and end users unconditionally guarantee to Blotter that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Blotter for inclusion in the materials is owned by the client, or that the client has permission from the rightful owner to use each of these elements.
14. Ownership Rights
Until full payment is received, Blotter.com retains full ownership of all materials developed under this project proposal. Upon full payment, Client assumes all ownership rights of all materials developed. Blotter.com retains the right to use the materials developed as a sample of work for promotional, competitive and portfolio purposes.
15. Password Security and Third-Party Management
From time to time Blotter may utilize usernames and passwords for the purpose of servicing the Client’s website, social media accounts or other software service. Blotter agrees to protect the confidentiality and security of any shared passwords during the term of a contract. Furthermore, Blotter agrees to discontinue and destroy all copies of passwords at the termination of contracts. It is the client’s responsibility to update confidential information frequently, using password security protocols and that will prevent the compromise of accounts. At no time does Blotter take responsibility or liability in the event a password or account is compromised regardless of their administrative access to those accounts.
16. Scheduling Software Agreement (if applicable)
BLOTTER and BLOTTER and vCita reserves the right to make changes, at any time, to the Web-App, this site and this Agreement. Your continued use of this site or the Web-App will constitute your acceptance of any new or amended terms and conditions.
17. Scheduling Software – REGISTRATION AND USER ACCOUNT
18. Scheduling Software – YOUR USER’S FEES
The Web-App allows you to create and send detailed invoices to your Users based on information you provide, including, but no limited to, the description of your company, the services you provide (the “Services”), any applicable taxes and so forth. Upon scheduling an appointment or ordering Services, your Users will be directed by the Web-App to make the required payment to your account at the Gateway through one of the payment methods recognized by the Gateway (including but not limited to credit cards, debit cards and bank accounts). The payments will be transferred by the Gateway to your account minus any fees payable to the Gateway in accordance with the Gateway’s specific terms of service. You hereby grant BLOTTER and vCita permission to utilize any applicable technological means in order to facilitate the above mentioned connection between the Users, the Web-App and the Gateway. You are fully responsible for the determination and collection of the fees from your Users as well as for any dispute, chargebacks and refunds required by your Users, the Gateway or other financial institution involved in the payment process and we will not have any control or responsibility with regards to any of the forging. WE ARE NOT RESPONSIBLE FOR THE INFORMATION YOU PROVIDE IN YOUR INVOICES OR FOR ANY FAILURE BY USERS TO MAKE DUE PAYMENTS OR FOR YOUR FAILURE TO COLLECT SUCH PAYMENTS.
19. Scheduling Software – OUR FEES
Our services are provided in consideration of a monthly fee as further detailed in our pricing
20. Scheduling Software – IP OWNERSHIP
The audio and visual information, documentation, data, software, products, services, material and related graphics available on this site (“Materials”) and the Web-App are provided by BLOTTER and BLOTTER and vCita. The Web-App and the Materials contained on this site are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. As between you and BLOTTER and BLOTTER and vCita, BLOTTER and BLOTTER and vCita alone owns all rights, title and interest evidenced by, embodied in, and/or attached/connected/related to the Web-App and the Materials. BLOTTER and BLOTTER and vCita’s name, trademarks, service marks, logos and the product names associated with the services provided by BLOTTER and , are trademarks and/or service marks and/or trade names owned by BLOTTER and vCita or third parties that licensed their rights to BLOTTER and vCita, and no right or license is granted hereunder to use them. You may not reproduce, edit, modify, display, distribute or make any other use of the Web-App or the Materials, in any form or by any means, without BLOTTER and BLOTTER and vCita’s prior written consent. BLOTTER and vCita grants you permission to integrate the Web-App on your website and use it solely for the performance of the Services, provided that you do not modify the Web-App or any Materials and provided further that you retain all copyright and proprietary notices as they appear in the Web-App and Materials. You expressly agree that our logos and other references to BLOTTER and vCita such as “powered by BLOTTER and BLOTTER and vCita” will be displayed on the Web-App’s interface. You may not use the Web-App or any content contained in the Materials in any manner that may give a false or misleading impression or statement as to BLOTTER and vCita or any third party referenced in the Web-App or the Materials. You agree to use the site, the Web-App and the Materials accessible via the site only for lawful purposes. We do not claim ownership over content, such as text and images that you upload through the Web-App. However, when you do so, you represent and warrant to us that you are the rightful owner of all rights to that content or that you are licensed by the rightful owners to post and use such content on the Internet through the Web-App, in accordance with this Agreement. Without derogating from the foregoing, BLOTTER and vCita does not endorse or assume any responsibility with respect to content posted by you through the Web-App and marked improperly. This Agreement does not convey to you any ownership interest in or to the Web-App, but only a limited and revocable right of use in accordance with the terms of this Agreement. Nothing in this Agreement constitutes a waiver of BLOTTER and BLOTTER and vCita’s intellectual property rights which include, without limitation, unpatented inventions and ideas, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world and under any law, as well as any goodwill associated therewith. Use of the Web-App in violation of the limited license granted hereunder will result in the termination of this Agreement and may expose you to claims for damages. You agree to take all necessary steps to prevent any unauthorized disclosure or use of the Web-App, or any part thereof, by others.
21. Scheduling Software – RESTRICTIONS
Except as expressly permitted in this Agreement, you may not: (i) commercially exploit the Web-App or make it available to any third party in any way; (ii) display publicly, decompile, disassemble, reduce to human readable form, execute publicly, adapt, process, compile, translate, lend, rent, reverse engineer or combine the Web-App with other software or services; (iii) interfere in any manner with the functionality of the Web-App or use the Web-App in any way that breaches any code of conduct, policy or other notice applicable to the Web-App; (iv) copy any ideas, features, functions or graphics of the Web-App or any content, including the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Web-App (collectively, “Content”); (v) use the Web-App for commercial purposes (other than for the performance of the Services), including but not limited to, using the Web-App’s platform to send commercial email solicitation or advertisements or any unsolicited bulk e-mail or unsolicited commercial e-mail or any activities that violate anti-spamming laws and regulations; (vi) modify, alter or create derivative works of the Web-App, or any part of the Web-App, either by yourself or by a third party on your behalf, in any way or by any means whether electronic, mechanical, optical or others, other than expressly permitted in this Agreement; (vii) remove or tamper with any trademark, logo, copyright or other intellectual property notice appearing on or contained within the Web-App, whether of BLOTTER and vCita or any other third parties; or (viii) otherwise use the Web-App not in compliance with the terms of this Agreement.
22. Scheduling Software – RESPONSIBILITIES AND ACCEPTABLE USE OF THE WEB-APP
You are solely responsible for the performance of the Services and the manner in which the Services are performed, and we will not bear any liability in connection therewith nor will we be responsible for any claim arising out of, or resulting from, the Services or their performance by you.
By using the Web-App, you represent to us that: you are at least 18 years old; you are qualified to provide the Services; and you will provide the Services in accordance with any professional rules and regulations which apply to you or to the field of practice in which the Services are being rendered, to the extent exist, and with any legal obligations imposed on you in connection with such Services.
You are responsible for all of the acts or omissions associated with your access and use of the Web-App and the access and use of the Web-App by anyone on your behalf. You undertake to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Web-App, including those related to data privacy, international communications and the transmission of technical or personal data.
You undertake to comply with any instructions concerning access to and/or use of the Web-App that BLOTTER and vCita may offer from time to time.
You specifically agree not to, in any way: (i) access (or attempt to access) the Web-App by any unauthorized or automated means, other than through the interface that is provided by BLOTTER and vCita; (ii) breach this Agreement or any other applicable rules and instructions that we may convey with respect to the use of the Web-App; (iii) interfere with or disrupt the integrity or damage the performance of the Web-App or any other computer system or network or circumvent or manipulate the operation, or functionality of the Web-App, including any hosting services provided by third parties to facilitate the Web-App; (iv) post false, inaccurate, or misleading content or content which is not compatible with the defined topics, or with the rules of behavior, in the Web-App; (v) use robots, crawlers and similar applications to collect and compile Content from the Web-App, for the purposes of competing with the Web-App, or in such ways that might impair or disrupt the Web-App’s functionality; (vi) impersonate any person or entity, or make any false statement pertaining to your identity, employment, agency or affiliation with any person or entity; (vii) collect or process personal information of Users without their explicit consent; (viii) be involved in any illegal activities, including promoting, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography; (ix) violate the security or integrity of any network, computer or communications system, software application, or network or computing device involved in the Web-App; (x) interfere with the proper functioning of any system, including deliberate attempt to overload a system by mail bombing, or flooding techniques; (xi) send, store, provide or link through the Web-App to any content or material that contain or may reasonably be deemed as:
- Infringing or violating intellectual property rights of other parties, including patents, copyrights and trademarks;
- Software viruses, Trojan Horses, Worms, Vandals, Spyware and any other Malicious Applications or any other similar software or programs that may damage the operation of the Web-App;
- Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense, under applicable laws;
- Constituting a violation of a person’s right for privacy or right of publicity;
- Prohibited by any applicable law, including court restraining orders, to be posted, published, disseminated, or otherwise made available to the public;
- Threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable;
- Unsolicited commercial communications (“spam”), chain letters, or pyramid schemes.
Should BLOTTER and vCita become aware that you have violated this Section (or any part of it), BLOTTER and vCita shall be entitled, at its own discretion, to remove the content in violation immediately, terminate your account and notify the relevant authorities.
23. Scheduling Software – YOUR CONTENT
BLOTTER and vCita reserves the right to review any content posted using the Web-App and delete, remove, block access to it, or refuse to upload it through the use of the Web-App, for any reason that BLOTTER and vCita may consider to be justified in our sole discretion, including: (i) preventing misuse of the Web-App; (ii) when we deem the content to be in breach of this Agreement, or an infringement of any applicable law; (iii) when your user account is canceled, either by yourself or by us; and (iv) when the owner of content that you have posted on the Internet wishes it to be removed, whether as result of a person’s complaint, or of our own initiative.
We do not warrant or guarantee that any content that you wish to upload, store, provide, or link to through the Web-App, will be uploaded, stored, provided or linked to.
Nothing in the foregoing, however, shall impose on BLOTTER and vCita any responsibility to check, review, screen or supervise any content posted on the Web-App, and nothing in the foregoing shall derogate from or relieve you of any of your representations, warranties and undertakings in this Agreement.
24. Scheduling Software – DISCLAIMER OF WARRANTIES
BLOTTER and vCita intends for the Materials contained on this site to be accurate and for the Web-App to be reliable. The Materials and the Web-App may, however, contain technical inaccuracies, typographical errors or other mistakes. BLOTTER and vCita may make corrections or other changes to the Web-App and the Materials at any time. BLOTTER and vCita reserves the right to make corrections, modifications, enhancements, improvements and other changes to the Web-App and to its products, programs and services at any time, or to discontinue the Web-App or any other products, programs, or services without notice.
In addition, the Web-App’s performance is measured using specific computer and communication systems and components and reflects approximate performance of the tested products. Any difference in hardware or software may affect actual performance.
THE WEB-APP AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL EXERCISE YOUR OWN INDEPENDENT ANALYSIS AND JUDGMENT IN YOUR USE OF THE WEB-APP AND MATERIALS. BLOTTER and vCita ASSUMES NO LIABILITY FOR YOUR USE OF THE WEB-APP AND THE MATERIALS OR ANY APPLICATIONS OR ASSISTANCE PROVIDED BY BLOTTER and vCita.
NOTHING IN THIS AGREEMENT CONSTITUTES ANY WARRANTY OR REPRESENTATION ABOUT THE SUITABILITY OF THE WEB-APP FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BLOTTER and vCita BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM USE OF THIS SITE OR ARISING OUT OF THE USE OR PERFORMANCE OF THE WEB-APP OR THE MATERIALS AVAILABLE ON THIS SITE, REGARDLESS OF WHETHER BLOTTER and vCita OR AN AUTHORIZED BLOTTER and vCita REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE.
25. Scheduling Software – INDEMNIFICATION
This Agreement or elsewhere, you agree to indemnify, defend and hold harmless BLOTTER and vCita and its officers, managers, directors, shareholders, employees, sub-contractors, agents, licensors and anyone acting on their behalf, at your expense and immediately after receiving a written notice from us, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim or demand by any third party, including Users, arising from or in connection with the use of the Web-App or the rendering of the Services, any of your actions or omissions with respect to the performance of this Agreement, any communications that you convey through the Web-App, or your breach of this Agreement (including, without limitation, any of your undertakings or representations thereunder) or any other terms, rules or regulations applicable to the Web-App or the Services, or your violation or infringement of other persons rights.
26. Scheduling Software – SPECIFIC NOTICE REGARDING LINKS TO THIRD PARTY SITES
This site and the Web-App may contain certain links that will let you access other websites that are not under the control of BLOTTER and vCita. The links are only provided as a convenience and BLOTTER and vCita does not endorse any of these websites. BLOTTER and vCita is not responsible for the contents of any linked site or any changes or updates to such sites. BLOTTER and vCita assumes no responsibility or liability for any material that may be accessed on other websites or reached through this site or the Web-App.
BLOTTER and vCita’S PUBLICATION OF INFORMATION REGARDING THIRD-PARTY PRODUCTS OR SERVICES DOES NOT CONSTITUTE AN ENDORSEMENT REGARDING THE SUITABILITY OF SUCH PRODUCTS OR SERVICES OR A WARRANTY, REPRESENTATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES, EITHER ALONE OR IN COMBINATION WITH ANY BLOTTER and vCita PRODUCT OR SERVICE.
27. Scheduling Software – TRADEMARKS
The trademarks, service marks and logos used and displayed on this site or the Web-App are registered and unregistered trademarks and service marks of BLOTTER and vCita and others. All other registered and unregistered trademarks used on the Site or the Web-App are the property of their respective owners. Except as provided herein, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any BLOTTER and vCita trademark, service mark or logo used or displayed on the site or the Web-App without the prior express written permission of BLOTTER and vCita. When used with BLOTTER and vCita’s permission, all trademarks must be identified as trademarks of BLOTTER and vCita using the appropriate symbol (e.g., ™ or ®) at the first occurrence in the text of any published printed or electronic communications.
28. Scheduling Software – AVAILABILITY AND INTERNET DELAYS
The availability and functionality of the Web-App depend on various factors and elements, including software, hardware and communication networks, which may be provided by third parties. These factors are not fault free. We do not warrant or guarantee that the Web-App will operate without disruption, limitations, delays, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
29. Scheduling Software – TERM AND TERMINATION
THIS AGREEMENT IS EFFECTIVE FROM THE MOMENT OF YOUR ACCEPTANCE, BY CLICKING ON THE “I AGREE” BUTTON (OR ANY SIMILAR BUTTON), AND SHALL CONTINUE IN FULL FORCE AND EFFECT UNTIL TERMINATED IN ACCORDANCE WITH THE TERMS OF THE BLOTTER CONTRACT. BLOTTER and vCita has the right to terminate this Agreement immediately, upon written notice to you. You have the right to terminate this Agreement immediately, upon written notice to us, provided, however, that any Fees that have been received by us prior to such termination shall be non-refundable.
The expiry or termination of this Agreement for any reason shall not affect any rights, obligations or liabilities accrued before the date of termination or expiry, or any rights, obligations or liabilities specifically stated herein to continue in force after and despite expiry or termination.
30. Scheduling Software – NOTICES
BLOTTER and vCita may give you notice (on behalf of BLOTTER and vCita and of a User or other third parties, to the extent necessary) by means of a general notice on the Web-App or by electronic mail to your e-mail address on record in BLOTTER and vCita’s account information or by a notice via the Web-App. Such notice shall be deemed to have been given upon the expiration of 48 hours after posting or 12 hours after sending by email. You may give notice to BLOTTER and vCita at any time by email addressed to support@BLOTTER and vCita.com. We reserve the right to publish – including on our website – any communications with you, as long as your personal details shall not be revealed without your prior consent.
31. Scheduling Software – MODIFICATION TO TERMS
BLOTTER and vCita reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Web-App. Changes will take effect 7 days after BLOTTER and vCita has posted an initial notification on the Web-App, unless such amendments are made in order to comply with legal requirements. In such cases the amendments will become effective immediately upon their initial posting, or as required.
You agree to be bound by any of the changes made in this Agreement, including changes to any and all documents, forms and policies incorporated thereto. Continued use of the Web-App after any such changes shall constitute your consent to such changes. If you do not agree with any of the amended terms, you must cease any further use of the Web-App. The date at the beginning of this Agreement indicates the last date that the Web-App Agreement was updated.
We advise you to periodically read the terms of this Agreement, as they may change from time to time.
32. Scheduling Software – CHANGES IN OWNERSHIP
We may transfer ownerships rights and title in the Web-App or in BLOTTER and vCita (whether by way of merger, sale of shares, sale of assets, license or otherwise), to a third party, provided that your rights remain in effect according to this Agreement. In that case, all of the details and information pertaining to you will be passed on to the corporation receiving the rights in the Web-App and you hereby give your prior consent thereto.
33. Scheduling Software – SURVIVAL
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, shall survive the termination or expiration of this Agreement for whatever reason.
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser to enable our systems to recognize your browser and tell us how and when pages in our website are visited and by how many people. Our cookies do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or what your screen name or e-mail address is. The “help” portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. In addition to the information that you share with us, this web site uses standard log files. These logs include Internet Protocol (IP) addresses, browser type, Internet service provider (ISP), and page information in order to administer our website, refine content and flow, and to gather broad demographic information for aggregate use.
This web site does not target and is not intended to attract children under the age of 13. BLOTTER and vCita does not knowingly solicit personal information from children under the age of 13 and does not send them requests for personal information.
35. Scheduling Software – CONTACT INFORMATION
All requests for further information or for permission to use the Web-App or reproduce any portions of the Materials in addition to the permission granted above should be directed to: support@BLOTTER and vCita.com.
36. Scheduling Software – NO AGENCY
This Agreement and the use of the Web-App by you will not be construed as, and do not create, or imply a relationship of agency, joint venture, franchise or partnership between you and BLOTTER and vCita, unless expressly stated herein. You may not make any representations, bind or hold yourself out as a representative of BLOTTER and vCita.
37. Scheduling Software – MISCELLANEOUS
This Agreement shall be exclusively governed by the laws of the State of Delaware, without regard to the choice or conflicts of law provisions thereof, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Delaware. You agree to resolve any dispute or claim that you may have against us and to submit to personal jurisdiction in the exclusive jurisdiction of courts in Delaware. This Agreement comprises the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect. The failure of BLOTTER and vCita to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BLOTTER and vCita in writing. The section headings in this Agreement are included for convenience only and shall take no part in the interpretation, or construing of this Agreement. “Including”, whether capitalized or not, means without limitation. This Agreement may not be assigned by you without the prior written approval of BLOTTER and vCita and any assignment without such prior written consent shall be null and void. BLOTTER and vCita may freely assign its rights and obligations in this Agreement, in part or in full.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
Blotter, Inc and its Third Parties may, from time to time, send direct marketing materials promoting products and services to users based on their personal data, but suitable opt-out mechanisms are provided.
Blotter, Inc and its Third Parties makes every effort to protect the privacy of users, but given the nature of the Internet, it cannot guarantee perfect security.
Users may be asked to provide with personally-identifiable information such as name and e-mail address. This is necessary to provide the users the various services and activities offered on this web site. Users are not obliged to supply the data, but if they do not, the services and activities will be unavailable.
IP address of the computer used to visit our web site may be recorded.
PURPOSE AND USE OF DATA
Information collected is used for the followings:
- monitoring use of the web site to help its further development
- compiling aggregate statistics about our users to analyze site usage
- creating accounts for users who intend to register with the services offered on this web site and maintaining such accounts
- identifying and verifying identity of the users who used the services offered on this web site
- communicating with the users in respect of matters related to or arising from the use of the services offered on this web site
We also intend to use your name, contact details and the information as to the goods and services which you were/might be interested in, for delivering information that you may be interested in, such as targeted banners, new services and products and other promotions and marketing materials and conducting direct marketing including products, services, advice and subjects in relation to the followings:
TRANSFER OF DATA
User information will not generally be disclosed or transferred to any other party in a form that would identify them except those to parties relevant and reasonably necessary for the purposes stated above.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.