IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE and DO NOT USE ANY BLUTREND TECHNOLOGIES, LLC PRODUCT OR SERVICE. THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY “CLAIM” (AS SUCH TERM IS DEFINED HEREIN) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE SECTION BELOW ENTITLED “PRE-DISPUTE, MANDATORY BINDING ARBITRATION, AND CLASS ACTION WAIVER” DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
BluTrend Technologies, LLC only offers accounts on behalf of business entities and does not offer personal accounts on behalf of individuals. You represent and agree that (i) you are entering into this agreement on behalf of a business entity or other legal entity (collectively, the “Business User”) that you may specify, (ii) that your account is for, and held in the name of, the Business User (and not any individual), (iii) such Business User has full legal capacity and is in good standing in the jurisdiction in which it is formed, (iv) you have full legal capacity and authority to bind yourself individually and such Business User to these TOS, and (iv) the terms "you" or "your,” as used herein shall, unless the context otherwise reasonably requires, refer to both (A) such Business User, and (B) the individual or individuals (the “Individual User(s)”) accessing or using the Service as authorized by such Business User; provided, however, that each such Individual User(s) shall remain vicariously liable and be required to comply with these TOS even though the account may be held in the name of the Business User. If you do not meet the requirements above, or if you do not agree with these terms and conditions, you may not use the Service.
You understand and agree that the Service is provided "as is" and that BluTrend Technologies, LLC assumes no responsibility for the timeliness, deletion, mis-delivery of or failure to store any user content or settings. You are responsible for obtaining access to the Service, which access may involve third-party fees (such as Internet Service Provider charges). You are responsible for those fees, including fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
You may not access the Service for purposes of monitoring its performance, availability, or functionality, or for any other benchmarking or competitive purposes, without BluTrend Technologies, LLC's prior written consent. You may not access the Service if you are a direct competitor of BluTrend Technologies, LLC, except with BluTrend Technologies, LLC prior written consent.
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify BluTrend Technologies, LLC of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. BluTrend Technologies, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with the TOS, including, without limitation, this section.
You acknowledge, consent and agree that BluTrend Technologies, LLC may access, preserve and disclose your account information and Content if required to do so by any applicable law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with any applicable legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of BluTrend Technologies, LLC, its users and the public. If we receive a subpoena which requests disclosure of information contained in your account you agree that we may disclose any such requested information contained in the account regardless of whether such information is deemed to be owned or held in the name of (i) the Business User, or (ii) the name of Individual Users. For the sake of clarity, (i) if the subpoena is issued in the name of the Business User, we may disclose information regarding both the Business User and the Individual User(s), and (ii) if the subpoena is issued in the name of Individual User(s) we may disclose information regarding both the Business User and the Individual Users(s).
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
You will retain all right, title and interest in and to your Content and BluTrend Technologies, LLC shall not claim ownership of your Content; provided, however, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant BluTrend Technologies, LLC the following worldwide, royalty-free and non-exclusive license(s): the perpetual, irrevocable and fully license to collect, use, copy, store, transmit, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
BluTrend Technologies, LLC will not take any action to sell, distribute or utilize User Data for ad sales or advertising of any kind or utilize contact information not independently developed by you or exposed in BluTrend.com or otherwise.
Special admonitions for international use
Recognizing the global nature of the Internet, you agree to comply with any and all applicable local, state, national or international laws and regulations regarding online conduct, acceptable Content and use of the Service. Specifically, you also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country or jurisdiction in which you reside.
Except and to the extent required by applicable law, You (specifically including the Business User and Individual User(s)) agree to indemnify and hold BluTrend Technologies, LLC and its parent, subsidiaries, affiliates, officers, directors, stockholders, agents, attorneys, employees, partners, licensors and other representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of, or in connection with, (i) your Content, (ii) your use or access of the Service, (iii) your connection to the Service, (iv) your violation of the TOS or applicable law, (v) your violation of any rights of another, and (vi) any taxes arising in connection with your purchase or use of the Service in any jurisdiction, domestic or otherwise, including, without limitation, sales and use tax.
No resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service unless you otherwise have an agreement with us which specifically grants you such right(s).
General practices regarding use and storage
You acknowledge that BluTrend Technologies, LLC may establish general practices and limits concerning use of the Service, including without limitation the maximum number of months that Content will be retained by the Service, the maximum disk space that will be allotted on BluTrend Technologies, LLC's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that BluTrend Technologies, LLC has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by the Service. You acknowledge that BluTrend Technologies, LLC reserves the right to log off accounts that are inactive for an extended period of time (should we enter 10 minutes here) You must further acknowledge that BluTrend Technologies, LLC reserves the right to modify these general practices and limits from time to time.
Modifications to Service
BluTrend Technologies, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BluTrend Technologies, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree to be identified as a customer of BluTrend Technologies, LLC and you agree that BluTrend Technologies, LLC may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in BluTrend Technologies, LLC's marketing materials and website. You hereby grant BluTrend Technologies, LLC a fully-paid, irrevocable, perpetual, world-wide license to use your name and any of your trade names and trademarks solely in connection with the rights granted to BluTrend Technologies, LLC pursuant to this marketing section.
Returns, Reversals, Disputes and Reserves
User transactions debited from bank accounts via ACH (including White Label Accounts) are subject to returns (e.g. non-sufficient funds) and reversals from chargebacks (e.g. unauthorized activity) per the Electronic Fund Transfer Act (15 U.S.C. 1693 et seq. as may be amended), Regulation E, and NACHA guidelines (See achrulesonline.org for more information) (collectively returns and reversals, “Reversals”). BluTrend Technologies, LLC will work to protect the company and the receiving Users from unwarranted Reversals; however, BluTrend Technologies, LLC understands and agrees that: (a) BluTrend Technologies, LLC is liable for all User Activity and Reversals associated with User Activity; (b) If Bank receives a Reversal, BluTrend Technologies, LLC may in its sole discretion charge the company full amount of the Reversal (“Reversed Payment”) plus an additional $35 reversal fee (“Reversal Fee” and collectively the “Reversal Liability”); (c)BluTrend Technologies, LLC has sole discretion to determine who is at fault and liable for the Reversed Payment and Reversal Fee; (d)The Reversal Liability may be debited from your White Label Account or if insufficient balance is in such account, your debit your Reserve Account; (e)If the company does not have a balance in such accounts, BluTrend Technologies, LLC authorizes the Bank, to take any of the following actions (in no particular order): (i) collect the unpaid portion of the Reversal Liability from funds sent to your User Account; (ii) debit your attached bank account in the amount of the unpaid portion of the Reversal Liability; (iii) suspend your User Account and BluTrend Technologies, LLC use of the Services and require you to take immediate actions to repay the unpaid portion of the Reversal Liability; (iv) engage in collection efforts to recover the unpaid portion of the Reversal Liability and/or (v) take legal action or any other action under this BluTrend Technologies, LLC Agreement. The Company recognizes that BluTrend Technologies, LLC is establishing a Fiduciary Account with sub-accounts for each property as described more particularly in the Flow of Funds and Business Description. Nothing herein shall authorize BluTrend Technologies, LLC to debit a subaccount for Reversal Liability except for Reversal Liability incurred as a result of transactions to or from that specific subaccount. Further, nothing herein shall authorize the Company to offset the liabilities of one subaccount with debits from another subaccount.
Termination and cancellation
You agree that BluTrend Technologies, LLC may without prior notice immediately terminate your BluTrend Technologies, LLC account and access to the Service (both as a Business User and/or Individual User(s)). Such termination may be made in BluTrend Technologies, LLC sole and absolute discretion with or without cause. For illustrative purposes only, the situations in which BluTrend Technologies, LLC may terminate your account and access to the Service shall include, but not be limited to: (a) breaches or violations of the TOS or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions): (d) discontinuance or material modification to the Service (or any part thereof): (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Service. Other actions that could take place due to user’s misconduct or security concerns: (a) Place a hold on access to funds in a User Account for up to 90 days; (b) Temporarily or permanently suspend or otherwise limit access to a User Account; (d) Take action against use as detailed in the Agreement to recover funds for fees owed or other amounts due to Company or its Users; (f) Refuse or deny your ability for current or future direct or indirect use (via Synapsepay/Triumph bank) of Company System, you agree that all terminations for cause shall be made in BluTrend Technologies, LLC's sole and absolute discretion and that BluTrend Technologies, LLC shall not be liable to you or any third party for any termination of your account, or access to the Service.
BluTrend Technologies, LLC's proprietary rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BluTrend Technologies, LLC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
BluTrend Technologies, LLC grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on your computing devices, subject to the terms and conditions of this Agreement. You shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by BluTrend Technologies, LLC for use in accessing the Service.
Disclaimer of warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
EXCEPT AS SPECIFICALLY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW: (i) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, (ii) THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND (iii) BLUTREND TECHNOLOGIES, LLC AND ITS PARENT,SUBSIDIARIES, AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, ATTORNEYS, PARTNERS, LICENSORS, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “WRITE PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE BLUTREND TECHNOLOGIES, LLC PARTIES MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OR RESULTS OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ERRORS OR DEFECTS, IF ANY, IN THE SOFTWARE WILL BE CORRECTED.
BLUTREND TECHNOLOGIES, LLC WILL NEVER MAKE USER DATA PUBLICLY DOWNLOADABLE OR ACCESSIBLE TO ANY THIRD PARTY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL AND/OR DATA. YOUR USE OF THE WEBSITE IS SUBJECT TO ADDITIONAL DISCLAIMERS AND CAVEAS THAT MAY APPEAR THROUGHOUT THE WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BLUTREND TECHNOLOGIES, LLC PARTIES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE BLUTREND TECHNOLOGIES, LLC PARTIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE BLUTREND TECHNOLOGIES, LLC STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, THE BLUTREND TECHNOLOGIES, LLC PARTIES CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
Limitation of liability
EXCEPT AND TO THE EXTENT REQUIRED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLUTREND TECHNOLOGIES, LLC AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS, ATTORNEYS, PARTNERS, LICENSORS AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLUTREND TECHNOLOGIES, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BLUTREND TECHNOLOGIES, LLC MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BLUTREND TECHNOLOGIES, LLC FOR THE SERVICE IN THE 1 MONTH PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
The BluTrend and BluTrend Technologies, LLC logo trademarks and service marks and other BluTrend Technologies, LLC logos and product and service names are trademarks of BluTrend Technologies, LLC.
It is BluTrend Technologies, LLC policy to respect the copyright and intellectual property rights of others. BluTrend Technologies, LLC may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, BluTrend Technologies, LLC may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, BluTrend Technologies, LLC complies with the Digital Millennium Copyright Act (“DMCA”).
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide BluTrend Technologies, LLC Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Website.
- Your address, telephone number, and e-mail address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please direct inquiries regarding infringement issues by mail to:
BluTrend Technologies, LLC
3505 Koger Blvd. Suite 205
Duluth, Georgia 30096
Attention: General Counsel
Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, the BluTrend Technologies, LLC Parties, and/or any involved third party relating to your account, Your Use, your relationship with the BluTrend Technologies, LLC Parties, or these TOS. This includes any and all claims that relate in any way to your use of the products and services, your attempted use of the products and services, and any act or omission by the BluTrend Technologies, LLC Parties or any third party related to your use or attempted use of the products and services. You, BluTrend Technologies, LLC, the other BluTrend Technologies, LLC Parties, or any involved third party may pursue a Claim. BluTrend Technologies, LLC agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against BluTrend Technologies, LLC. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
Exceptions to Binding Arbitration
As an exception to binding arbitration, you and BluTrend Technologies, LLC both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. BluTrend Technologies, LLC will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.
Mandatory Pre-Dispute Procedures
You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against the BluTrend Technologies, LLC Parties, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to BluTrend Technologies, LLC, LLC., 3505 Koger Blvd. Suite 205, Duluth, Georgia 30096 Attn: General Counsel. You agree to negotiate with BluTrend Technologies, LLC in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after BluTrend Technologies, LLC receipt of your written dispute, you agree to the dispute resolution provisions below.
Commencement of Arbitration
You and BluTrend Technologies, LLC agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred.
The arbitration may be conducted in the federal district of Gwinnett County, in the State of Georgia. It may be held by telephone or through written submissions if both you and BluTrend Technologies, LLC agree.
Sponsoring Organization, Rules and the Arbitrator
You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal.
The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these TOS and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you, BluTrend Technologies, LLC or the other BluTrend Technologies, LLC Parties.
BluTrend Technologies, LLC shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Although BluTrend Technologies, LLC may have a right to an award of attorneys’ fees and expenses under some laws if it prevails, BluTrend Technologies, LLC agrees that it will not seek such an award, unless your Claims are determined by the arbitrator to be frivolous. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.
This provision survives termination of your account or relationship with BluTrend Technologies, LLC, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. This provision is the entire arbitration agreement between you and BluTrend Technologies, LLC and shall not be modified except in writing by BluTrend Technologies, LLC.
BluTrend Technologies, LLC reserves the right to amend this arbitration provision at any time. Your continued use of any BluTrend Technologies, LLC website, purchase of a BluTrend Technologies, LLC product or service, or use or attempted use of a BluTrend Technologies, LLC product or service, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, BluTrend Technologies, LLC will provide you notice and an opportunity to opt-out. Your continued use of any BluTrend Technologies, LLC website, purchase of a BluTrend Technologies, LLC product or service, or use or attempted use of a BluTrend Technologies, LLC product or service, is affirmation of your consent to such material changes.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF USE, OR ATTEMPTED USE OF A BLUTREND TECHNOLOGIES, LLC PRODUCT OR SERVICE (WHICHEVER COMES FIRST) BY WRITING TO BLUTREND TECHNOLOGIES, LLC, LLC. 3505 KOGER BLVD, SUITE 205, DULUTH, GEORGIA 30096; ATTN: GENERAL COUNSEL. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY BLUTREND TECHNOLOGIES, LLC PRODUCT OR SERVICE YOU USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST USED OR ATTEMPTED TO USE OF BLUTREND TECHNOLOGIES, LLC PRODUCT OR SERVICE. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.
Exclusive Venue for Other Controversies
You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the state and federal courts located within the County of Gwinnett, State of Georgia, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
Entire Agreement. The TOS constitute the entire agreement between you and BluTrend Technologies, LLC and govern your use of the Service, superseding any prior agreements between you and BluTrend Technologies, LLC with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other BluTrend Technologies, LLC services, affiliate services, third-party content or third-party software.
Choice of Law and Forum
Except to the extent required by applicable law or as otherwise set forth herein (including the arbitration provisions set forth above), (i) the TOS and the relationship between you and BluTrend Technologies, LLC shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions, and (ii) You and BluTrend Technologies, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Gwinnett, State of Georgia regardless of (A) your world-wide physical location, or (B) the jurisdiction where you use the Service.
Notice and Future Changes
Waiver and Severability of Terms
The failure of BluTrend Technologies, LLC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid under applicable law, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions to the greatest extent possible as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect.
No Right of Survivorship and Non-Transferability
You agree that your BluTrend Technologies, LLC account is non-transferable and any rights to your BluTrend Technologies, LLC ID or contents within your account terminate upon cessation of your legal existence. Upon receipt of a copy of a certificate of dissolution, as applicable, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Electronic Fund Transfers ("EFTs") and Account Balances
When you open a Synapse User Account, you will link a checking or savings account to perform EFT and, if applicable, deposit funds into your Synapse User Account. Deposits into your User Account are held at Synapse's financial institution partners as detailed in Synapse TOS. DEPOSITS HELD IN A USER ACCOUNT MAY BE ELIGIBLE FOR INSURANCE BY THE FEDERAL DEPOSIT INSURANCE CORPORATION (“FDIC”) ON A PER USER BASIS DEPENDING ON THE RULES AND LIMITATIONS SET FORTH BY THE FDIC. FOR PURPOSES OF APPLICABLE FDIC DEPOSIT INSURANCE LIMITATIONS, DEPOSITS IN ACCOUNTS AT THE FINANCIAL INSTITUTIONAL PARTNER(S) OPENED THROUGH THE FINANCIAL INSTITUTIONAL PARTNER(S) WITH SYNAPSE MAY NOT BE SEPARATELY INSURED FROM ANY OTHER ACCOUNTS YOU MAY HAVE OPENED WITH THE FINANCIAL INSTITUTIONAL PARTNER(S), DEPENDING ON THE NAMED ACCOUNT OWNERS.
All EFT transactions are performed by and deposits are held by Synapse financial institution partner. BluTrend Technologies, LLC and Synapse only transmit transaction instructions to Synapse financial institution partner. BluTrend Technologies, LLC will provide you with all transactions notifications and User Account balances in addition to providing customer support relating to your Synapse User Account ad detailed below.
Transactions History and Disputes
All questions regarding EFT transactions or your Synapse User Account must be directed to firstname.lastname@example.org and not to Synapse or its financial institution partners. BluTrend Technologies, LLC is responsible for resolving issues and errors relating to transactions and account balances. If you wish to make a financial service complaint against BluTrend Technologies, LLC, you may email email@example.com.