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Welcome to the BlackLine GPS Inc. (BlackLine) Web site (the "BlackLine Site"). The services on this site are offered to you by BlackLine subject to the following conditions. If you visit or shop at the BlackLine Site, you accept these conditions. Please read them carefully. When you use any current or future BlackLine service, you will be subject also to the guidelines and conditions applicable to such service or business. BY USING THE BLACKLINE SITE AND THE SERVICES OFFERED THROUGH IT, YOU AGREE TO BE BOUND BY THESE CONDITIONS OF USE AND ALL RELATED POLICIES, CONDITIONS, AND GUIDELINES. IF YOU DO NOT AGREE WITH ANY OF THESE CONDITIONS OF USE, YOU MAY NOT USE THE BLACKLINE SITE.
Privacy
Please review our Privacy Notice, which also governs your visit to the BlackLine Site, to understand our practices.
Electronic Communications
When you visit the BlackLine Site or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the BlackLine Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included on the BlackLine Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BlackLine and is protected by Canadian and international copyright laws. The compilation of all content on the BlackLine Site is the exclusive property of BlackLine and protected by Canadian and international copyright laws. All software used on the BlackLine site is the property of BlackLine, its partners, or service providers, and and protected by Canadian and international copyright laws.
Trademarks
FUEL, STINGER GPS, FUEL ANALYSIS TOOL, FAT, and other marks indicated on our site are trademarks or registered trademarks of BlackLine in Canada and other countries. BlackLine graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of BlackLine. BlackLine's trademarks and trade dress may not be used in connection with any product or service that is not BlackLine's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BlackLine. The Bluetooth word mark and logos are owned by the Bluetooth SIG, Inc. and any use of such marks by BlackLine GPS Inc. is under license. All other trademarks not owned by BlackLine that appear on the BlackLine Site site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BlackLine.
License and Site Access
BlackLine grants you a limited license to access and make personal use of the BlackLine site, and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of BlackLine. This license does not include any resale or commercial use of the BlackLine site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the BlackLine site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. The BlackLine site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of BlackLine. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BlackLine without express written consent. You may not use any meta tags or any other "hidden text" utilizing BlackLine's name or trademarks without the express written consent of BlackLine. Any unauthorized use terminates the permission or license granted by BlackLine. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BlackLine, so long as the link does not portray BlackLine, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BlackLine logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Account
If you use the BlackLine site, you are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. BlackLine does sell products for children, but it sells them to adults who are permitted to purchase products with a credit card. If you are under 18, you may use BlackLine only with involvement of a parent or guardian. BlackLine reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. BlackLine reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant BlackLine and a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BlackLine and sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BlackLine for all claims resulting from content you supply. BlackLine has the right but not the obligation to monitor and edit or remove any activity or content. BlackLine takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of Loss
All items purchased from BlackLine are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
Product Descriptions
BlackLine attempts to be as accurate as possible. However, BlackLine does not warrant that product descriptions or other content of the BlackLine site are accurate, complete, reliable, current, or error-free. If a product offered by BlackLine itself is not as described, your sole remedy is to return it in unused condition.
Disclaimer of Warranties and Limitation of Liability
THE BLACKLINE SITE IS PROVIDED BY BLACKLINE ON AN "AS IS" AND "AS AVAILABLE" BASIS. BLACKLINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BLACKLINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLACKLINE DOES NOT WARRANT THAT THE BLACKLINE SITE, ITS SERVERS, OR E-MAIL SENT FROM BLACKLINE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLACKLINE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE BLACKLINE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law
By visiting the BlackLine site, you agree that the laws of the province of Alberta, Canada, 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 BlackLine.
Disputes
Any dispute relating in any way to your visit to the BlackLine site or to products you purchase through BlackLine shall be submitted to confidential arbitration in Calgary, AB, Canada, except that, to the extent that you have in any manner violated or threatened to violate the intellectual property rights of BlackLine, BlackLine may seek injunctive or other appropriate relief in any state or federal court in the province of Alberta, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Arbitration and Mediation Institute of Canada. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. Any changes or revisions will be effective immediately upon their posting on the BlackLine site. Your use of the BlackLine site will be subject to the version of the Conditions of Use posted on this site at the time of such use. Accordingly, you are advised to review the Conditions of Use prior to using the BlackLine site. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY CHANGES OR REVISIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR REVISIONS. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE CONDITIONS OF USE, YOU MAY NOT USE THE BLACKLINE SITE AND ARE TO DISCONTINUE USE OF THE SITE IMMEDIATELY. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.