Terms of Use

PLEASE READ CAREFULLY BEFORE USING THIS SITE

  1. Binding Effect. This is a binding agreement. By using the Blackhawk Engagement Solutions, Inc. (“BES” and together with its affiliates, “Blackhawk”) site –www.bhengagement.com [MFD1] (the “Site”) – or any services provided in connection with the Site (the “Service(s)”), you agree to these Terms of Use, as Blackhawk may amend them from time to time in its sole discretion. You are responsible for reviewing these Terms of Use periodically for changes.  If you do not agree to these Terms of Use, you should not use the Site or any Services. Your continued use of the Site or Services after the posting of changes to the Terms of Use evidences your agreement to the changes.  As used herein, “you” refers to the entity, and its authorized employees and agents, that is using the Site and Services.
  2. Ownership; No License. The Site is owned and operated by Blackhawk. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without Blackhawk’s prior written consent.  All trademarks, service marks, and trade names (collectively, the “Marks”) are proprietary to Blackhawk or other respective owners that have granted us the right and license to use such Marks and nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Blackhawk or by any third party.
  3. Privacy.  Information obtained through the Site or Services will be subject to the BES Privacy Policy, which can be viewed by clicking the “Privacy” link at the bottom of the Site’s home page.
  4. Prohibited Uses; Conduct. Blackhawk imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; or (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Blackhawk in providing the Site or Service.
  5. Copyright Infringement. Blackhawk has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Blackhawk’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Blackhawk to delete, edit, or disable the material in question, you must provide Blackhawk with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Blackhawk to locate the material; (d) information reasonably sufficient to permit Blackhawk to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Blackhawk’s designated agent at: Blackhawk Network, Inc., 5918 Stoneridge Mall Road, Pleasanton, CA 94588, Attn: Legal Department.
  6. No Warranties. BLACKHAWK HEREBY DISCLAIMS ALL WARRANTIES. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLACKHAWK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BLACKHAWK DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE SECURE OR FREE OF INTERRUPTIONS, ERRORS OR VIRUSES.
  7. Limited Liability. BLACKHAWK’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW.   IN NO EVENT SHALL BLACKHAWK BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY BLACKHAWK.  THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TOR, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
  8. Affiliated Sites. Blackhawk has no control over, and no liability for, any third party websites or materials.  Blackhawk works with a number of partners whose Internet sites may be linked with the Site.  Because neither Blackhawk nor the Site has control over the content and performance of these partner sites, Blackhawk makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Blackhawk assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Blackhawk makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
  9. Confidentiality. You agree that during your use of the Site or Services and for a period of three (3) years following your last use of the Site or Services, you will not disclose or use any Confidential Information (as defined below) of Blackhawk. You acknowledge that any breaches of this provision may result in irreparable harm to Blackhawk for which no adequate remedy at law may be available and that as such Blackhawk is entitled to equitable relief. “Confidential Information” results or data relating to our Site or Services, and any proprietary information or information that gives Blackhawk a competitive business advantage that Blackhawk shares with you. Confidential Information does not include information that is publicly known through no fault of yours, has been independently developed without access to Blackhawk Confidential Information, or is required to be disclosed by law or a governmental authority.
  10. Indemnity. You agree to indemnify, defend, and hold harmless Blackhawk and its respective officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement of any intellectual property or other right of any person or entity.  Blackhawk will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
  11. Governing Law. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Alameda County, California, USA in all disputes arising out of or related to the use of the Site or Service.
  12. Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect and any invalid provision will be replaced with a valid provision that most closely approximates the intent of the invalid provision. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
  13. Modifications. Blackhawk may, in its sole discretion and without prior notice or any liability to you for such action, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Blackhawk shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
  14. Acknowledgement. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.