IMPORTANT — PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU USE THE WEBSITE OR ATTEMPT TO ACCESS ANY SERVICES. BY ACCESSING THE WEBSITE OR BY UTILIZING ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

These terms (the “Terms of Service“) apply to your use of www.bloolee.com (the “Website“) and any purchase or use by you of any software, products or services that may be made available to you through it (collectively, the “Services“).

The Website is a site operated by Bloolee Incorporated (“BLOOLEE“). BLOOLEE is incorporated in the state of Texas.

BLOOLEE reserves the right to amend or update these Terms of Service at any time, with or without notice. Such changes shall take effect immediately and shall apply to all subsequent use by you of the Website or Services. Every time you wish to use the Website, please check these terms to ensure you understand the terms that apply at that time. Please click here to see when these terms were most recently updated.

Contents

Other terms that may apply to you

Privacy Policy

BLOOLEE processes information in accordance with its Privacy Policy which is incorporated into these Terms of Services. By using BLOOLEE, you agree that BLOOLEE can use such data in accordance with its Privacy Policy and you warrant that all data provided by you is true, correct and accurate. BLOOLEE’s Website also uses cookies or similar technologies which BLOOLEE tells you more about in the Privacy Policy. You may set your browser and your mobile settings to block cookies and local storage devices, but if you do so, you may not be able to access all of the features that BLOOLEE offers.

Accessing the Website

BLOOLEE does not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. BLOOLEE may suspend, withdraw, discontinue or change all or any part of the Website for business and operational reasons. BLOOLEE will not be liable to you if for any reason the Website is unavailable at any time or for any period.

Accounts and Passwords

If you choose, or you are provided with, any form of user identification code, password or any other piece of information as part of BLOOLEE’s security procedures, you must treat such information as confidential. You must not disclose it to any third party.

BLOOLEE reserves the right to disable any user identification code or password, whether chosen by you or allocated by BLOOLEE, at any time, if in BLOOLEE’S reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.

If you know or suspect that anyone other than you knows your user identification code or password, you must notify BLOOLEE immediately by email.

Service Provision

Renewals, Payments & Breach of Contract

Payments made in respect to Services and Software are accepted via Credit Card, Wire Transfer, Cashier’s Check and other selected means at BLOOLEE’s sole discretion. Payment for Services and Software must be paid by it’s due date. If payment is not received by due date, BLOOLEE will suspend the SERVICES until full payment is received and reserves the right to suspend and terminate any and all related services for the account in question.

For all other Services, payments may be due in advance of any work commencing. BLOOLEE reserves the right to invoice for Services in installments, with payment being split into multiple payments, including without limitation arrangements whereby 50% of the price is paid prior to any work commencing, and the remainder is invoiced upon completion.

Should BLOOLEE receive a chargeback or dispute relating to a payment you have made, or should your payment be identified as fraudulent or otherwise unlawful, irregular or contrary to this Terms of Service, the related license and services will be suspended and you will be liable to repay the relevant amount plus any fees incurred. BLOOLEE also reserves the right to revoke, freeze and lock any and all Services until such time as any disputed amounts plus any fees and charges incurred (including for the avoidance of doubt, any relevant payment processing fees) have been repaid.

Breach of contract, for both oral or written agreements, will incur an immediate payment in full due for all Services, Software and costs of closing an account for remainder of the term of the contract. Breach of contract occurs when a client fails to make a payment on its due date, or BLOOLEE is notified by phone, email or letter that Services and Software under written or oral agreements will no longer be needed or used for the remainder of the term. Once it is clear that you are in breach of contract communication will continue, at BLOOLEE’s discretion, by email or postal letter only between you and BLOOLEE. All Services, Software and access to the service will be denied, locked and frozen until payment is made in full. Any attempts to amicably resolve a breach of contract or delay in fully enforcing this provision does not nullify or waive our rights to enforce our Terms of Service.

Cancellations & Refunds Policy

BLOOLEE reserves the right to cancel Services, Software and access to the Service at any time. If a customer breaks the Terms of Service, a refund will not be available.

Intellectual property rights

BLOOLEE is the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from BLOOLEE’s Website for your personal use and you may draw the attention of others within your organisation to content posted on BLOOLEE’s Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

BLOOLEE’S status (and that of any identified contributors) as the authors of content on BLOOLEE’s Website must always be acknowledged.

You must not use any part of the content on BLOOLEE’s Website for commercial purposes without obtaining a licence to do so from BLOOLEE.

If you print off, copy or download any part of BLOOLEE’s Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at BLOOLEE’s option, return or destroy any copies of the materials you have made.

Trademarks

The Website, Services or Software may contain references to many companies that are integrated for payments and other related services. All trademarks are the property of their respective owners.

No reliance on information

The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

Although BLOOLEE makes reasonable efforts to update the information on the Website, BLOOLEE makes no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.

Limitation of BLOOLEE’s liability

To the extent permitted by law, BLOOLEE excludes all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

BLOOLEE will not be liable to any user of the Website for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Website; or
  • use of or reliance on any content displayed on the Website.
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

BLOOLEE assumes no responsibility for the content of websites linked to from the Website. Such links should not be interpreted as endorsement by us of those linked websites. BLOOLEE will not be liable for any loss or damage that may arise from your use of them.

Linking to the Website

You may link to the home page of the Website, provided you do so in a way that is fair and legal and does not damage BLOOLEE’s reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on BLOOLEE’s part where none exists.

You must not establish a link to the Website in any website that is not owned by you.

The Website must not be framed on any other site.

BLOOLEE reserve the right to withdraw linking permission without notice.

Viruses

BLOOLEE does not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.

BLOOLEE will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, BLOOLEE will report any such breach to the relevant law enforcement authorities and BLOOLEE will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

General clauses

No failure or delay by BLOOLEE in exercising any of its rights under these Terms of Service shall be deemed to be a waiver of that right.

No person who is not a party to these Terms of Service has any right to rely upon or enforce any of the Terms of Service.

Each of the paragraphs of these Terms of Service operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

Notices & Contact Information

If you have questions or concerns about any of the terms in this agreement, or about how your information is handled, please direct your inquiry to BLOOLEE as set forth below.

BLOOLEE INCORPORATED
501 W Powell LN Ste 201
Austin, TX 78753
United States

Applicable law and jurisdiction

Please note that these Terms of Service, its subject matter and its formation, are governed by the laws of Texas. You and BLOOLEE both agree that the courts of Texas will have exclusive jurisdiction.

Created: August 1, 2020