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Terms Of Service

PLEASE READ THE FOLLOWING TERMS AND POLICIES CAREFULLY.  WHEN YOU USE OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND POLICIES.

This Terms of Service ("TOS") describes the terms under which BlacT Software ("BlacT") offers each individual (“you”, "your" “user”) or entity ("Organization") access to its services (the "Service") through the BlacT website (the “Site”).  By accessing the Site and Services you agree to comply with and to be bound by the TOS set out below.

Illegal or Abusive Usage is Strictly Prohibited:

You must not abuse, harass, threaten, impersonate or intimidate other users of the Service.  You may not use the Service for any illegal or unauthorized purpose.  International users agree to comply with all local laws regarding online conduct and acceptable content.  Should you be found to have engaged in illegal or abusive usage of the Service, BlacT will suspend your account or usage as applicable.

Electronic Communication:

When you visit the Site or send emails to BlacT, you are communicating with BlacT electronically.  You consent to receive communications from BlacT electronically.  BlacT will communicate with you by email or by posting notices on this Site.  You agree that all agreements, notices, disclosures and other communications that BlacT provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright:

The compilation of all content on this Site is the exclusive property of BlacT and protected by U.S. and international copyright laws.  All software used on this Site is the property of BlacT or its software suppliers and protected by United States and international copyright laws.

Service:

The features and details of the Services governed by this TOS are described under each product on the Site.  Certain parts of services received from our various products may be provided by third party vendors. These third parties may have reserved the right to make changes, including material changes, to their products and incorporated into our Service. If a third party makes a change to its products, you may not terminate this TOS based on such a change, even if it materially affects the Service.

Terms for Organizations:

The following terms apply to Organizations that subscribe Services from BlacT.  All Services from BlacT come with a free no obligation 30 day trial period which starts immediately after account setup.  Organizations may extend their account expiration date by purchasing additional membership periods. Following the purchase of a membership period, the Organization account expiration date is extended by the length of the purchased membership period.  For accounts that have already passed the expiration date, the new expiration date is advanced from the current purchase date.  If the Organizations account expires, access and all data remains available for up to one year after the expiration date, but functionality of the Service is limited.  Administrators loose all functionality other than to purchase additional membership periods.  It is the responsibility of the Organization to continue to purchase membership periods to ensure full functionality of the Service.  BlacT will send occasional email reminders as the expiration date approaches.

Service Changes:

BlacT reserves the right to amend its service offerings and add, delete, suspend, or modify the Service and Service fees at any time at its sole discretion, and reserves the right to determine whether and when any such changes apply to both existing and future customers.

Your account

If you use the Services from this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  You agree to immediately notify BlacT of any unauthorized use of your account. You further represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.  BlacT reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Disclaimer of Warranties and Limitation of Liability: of Liability:

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY BLACT ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.  BLACT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BLACT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PUPOSE.  BLACT DOES NOT REPRESENT OR WARRANT BUT WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT THE SERVICES ARE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS USED FOR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  BLACT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING..

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONS OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law:

By visiting our website, you agree that the laws of the State of Nebraska, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BlacT.

Disputes:

Any dispute relating in any way to your visit to our website or to products or services sold or distributed by BlacT in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in the County of Douglas in the State of Nebraska, and you consent to exclusive jurisdiction and venue in such courts.