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Terms of Service

INTRODUCTION

Welcome to the Call BlackLine web site (the “Site”) a non-profit Call BlackLine is a national hotline (“Call BlackLine,” “we,” “our,” or “us”). Please read the following terms and conditions of service (“Terms”) carefully as they contain the legal terms and conditions that you agree to when you access and/or use the Site and/or the service provided to you by Call BlackLine through the Site (“Service”). The Site includes, without limitation, all information, data, content and software, available by us through the Site and or the Service (“Materials”). Unless explicitly stated otherwise, the Site and the Materials shall be subject to these Terms, and by using the Site you consent to be bound to these Terms.

For the purposes of these Terms, “you” means you, the person using the Site, and, if applicable, the person that agrees to the Terms when accessing and/or using the Site and/or the Service. You and any persons that you authorize to use the Site and/or Service may be referred to in these Terms as the “User.”

BY ACCESSING OR USING ANY OF THE SERVICE YOU AGREE TO BE BOUND BY THESE TERMS, WHICH CONTAIN PROVISIONS APPLICABLE TO ALL USERS OF THE SERVICE, INCLUDING CASUAL VISITORS TO THE SITE AND THOSE USERS THAT AGREE TO BE BOUND BY THESE TERMS.

In the case of inconsistencies between these Terms and information included in off-line materials (e.g., promotional materials and mailers), these Terms will always govern and take precedence.

  1. Access and Use Rights. Call BlackLine grants you a personal, limited, revocable, non-exclusive and non-transferable right to access and use the Site and Service for your personal, non-commercial use. You may make personal, non-commercial use of the Materials only and only for the purpose for which they are provided or made available to you, but you may not make any commercial use, including without limitation reselling them, charging to access them, charging to redistribute them, or charging for derivative works based on them. These rights are exclusive to you and you may not sublicense the use of the Site. As between you and us, we expressly retains all ownership rights, title and interest in and to all aspects of the Service and the Site, including, but not limited to, all Materials, and all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Site. You may not modify the Site, create derivative works of the Site or Materials, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Site that would reveal any source code, trade secrets, know-how or other proprietary information. These rights shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the any data, content, source code or any other aspect of the Site. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Site or displayed by, on, or in the Site. You may use the Site and Materials only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Site or Materials after any termination or expiration of your agreement to these Terms for any reason.

  2. Restrictions. By using the Site you agree that will not use any of the Materials to compete against us in any way. No competitors or future competitors are permitted access to the Site or Materials, and any such access by third parties is unauthorized. You agree that you will not copy, record, publish, compile, reproduce, republish, use or resell for any competing commercial purpose any Materials on our Site and you agree to not use any device, software or routine that may extract, copy, modify, import, export, replicate, scrape or otherwise deliver, in any manner, the Materials to you or anyone else. If you do so, then you agree that we are suffering irreparable injury and that an injunction or temporary restraining order may be entered by any court sitting in the state where our business is located prohibiting the use of such information and requiring. In addition, you agree to pay all reasonable attorney’s fees and costs incurred in enforcing these provisions.

  3. Contract. In consideration of your use of the Service, you represent and certify 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 jurisdictions. To be a User of the Service you must be 18 years or over. Minor children under the age of 18 who wish to access the Service must obtain permission from their parents and their parents must agree to these Terms. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service and/or Materials are appropriate and inappropriate for your child.

  4. Amendment of Terms. You agree that Call BlackLine retains the right to amend these Terms and the Site, including service offerings at any time, for any reason, and without notice, and the right to terminate the Site or any part of any of the Site. You agree to review the posting of these Terms at www.callblackline.com periodically to be aware of such changes. Your continued use of a Site constitutes acceptance of any amendments, additions, or modifications to these Terms. Any amendments or modifications made by Call BlackLine shall be prospective only. You will be bound by all such modifications, whether or not you have notice thereof.

  5. Contact. Call BlackLine is a national hotline but utilizes a location in San Diego, California, U.S.A. Any questions, comments or suggestions, including any report of violation of these Terms should be provided to the Administrator as follows: By E-mail: info@callblackline.org, By Postal Mail: P.O. Box 151595, San Diego, CA 92175

  6. Trademarks. All brand, product and service names used in the Service that identify Call BlackLine are proprietary marks of Call Blackline. Nothing in the Service shall be deemed to confer on any person any license or right on the part of Call BlackLine or any third party with respect to any such image, logo or name.

  7. Copyright. Unless otherwise stated in these Terms or on the Site, Call BlackLine is the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, reuse or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with these Terms.

  8. External Links. From time to time Call BlackLine may provide links that will take you to third party websites. These links are provided for your convenience only. If you decide to access linked websites, you do so at your own risk. Call BlackLine does not endorse or take responsibility for the content on other websites, or the availability of other websites and you agree that Call BlackLine is not liable for any loss or damage that you may suffer by using other website.

  9. Third Party Software and Linking. Although we may make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party. Call BlackLine makes no warranty with regard to the products or web site of any other entity. Call BlackLine has no control over the content or availability of any third-party software or web site. In particular, (a) Call BlackLine makes no warranty that any third-party software you download or web site you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) Call BlackLine notifies you that it is your responsibility to become familiar with any web site’s privacy and other policies and terms of service, and to contact that site’s webmaster or site administrator with any concerns.

  10. Privacy. It is the policy of Call BlackLine to respect the privacy of individuals who visit the web site and provide comments to us. We collect addresses, names and other identifying and contact information from users of the Site in order to provide the Service and correspond with customers about any questions relating to the Service. Occasionally we may use this information to send users information about the Services. We may also collect identifying information about you through a log of all traffic on our web site and aggregate that information into site functionality data. Our purpose for collecting the information is to analyze the use of our web site and improve its format and functionality. We may on occasion provide aggregate demographical information about web site users or purchasers to third parties, such as suppliers or advertisers, but currently such information does not identify specific individuals. We do not currently use any personally identifiable information for any purpose other than those we have described here and in our Privacy Policy. In addition, Call BlackLine does reserve the right to provide user information to third parties when required to comply with U.S. legal procedure, to protect Call BlackLine or its users’ rights or property. Registration data and certain other information about you is subject to our Privacy Policy. If you are located in the European Union or elsewhere outside of the United States, your use of this Site is at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws. By using this Site, participating in any Site activities, and/or providing us with your personal information, you (i) consent to the transfers and processing of any information you provide to the Site; (ii) acknowledge that U.S. law provides a lower standard of protection for personal data than the laws of various countries including, but not limited to, the European Union; and (iii) understand that this Site will deal with your information in accordance with our Privacy Policy and U.S. law. Consequently, you hereby waive any claims that may arise under the laws and regulations that apply to you in any other country or jurisdiction.

  11. Disclaimer of Third-Party Actions. You acknowledge that Call BlackLine does not and cannot control the flow of data to or from the Service or within any portion of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or omissions of such third parties can impair or disrupt your connections to the Internet (or portions thereof). Although Call BlackLine will use commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events with respect to your use of the website, Call BlackLine cannot guarantee that such events will not occur. Accordingly, Call BlackLine disclaims any and all liability resulting from, or related to, such events.

  12. Representations and Warranties by You. You understand and acknowledge that all of your rights to use and access the third party services, sites and materials and receive data arise from the third parties’ services and applicable agreements to which you must agree (“Third Party Agreements”). Accordingly, you represent and warrant that: (a) that you shall comply with and shall not violate any Third Party Agreements; and (b) that you will not violate any applicable law or regulation, or cause a breach of any agreement with any third party, in connection with the performance of its obligations and use of the Service. You agree to indemnify and hold Call BlackLine harmless for any liability arising from or related to your breach of the foregoing warranties.

  13. Availability. Call BlackLine uses reasonable effort to make the Service available. However, there will be occasions when the Service will be interrupted for maintenance, upgrades, and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Call BlackLine. Call BlackLine will use reasonable commercial efforts to minimize such disruption where it is within the reasonable control of Call BlackLine. You agree that Call BlackLine shall not be liable to you for any modification, suspension or discontinuance of the Service. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND. You are responsible for obtaining access to any Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those 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.

  14. Disclaimer of Warranty. THE SERVICE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, CALL BLACKLINE MAKES NO WARRANTY THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT THE SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE, INCLUDING THE SERVICE WILL BE AVAILABLE, OR THAT DATA ARE SECURE FROM UNAUTHORIZED ACCESS. CALL BLACKLONE MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICE, PROMOTIONS, OR THE DELIVERY OF ANY GOODS OR SERVICE, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE SITE. NO ADVICE OR INFORMATION GIVEN BY CALL BLACKLONE, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY. IN ADDITION, CALL BLACKLINE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

  15. Copyright, Other Proprietary and Privacy Protection for Other Users’ Content on the Site. Call BlackLine hereby notifies you that all the information, content, image files, software and materials on the Site may be protected by U.S. and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. You understand that Call BlackLine is unable to provide you with permission to copy display or distribute material for which you do not own the copyright or other intellectual property rights. You may not copy or distribute such material without the written consent of the owner, and you are solely responsible for any copyright or other intellectual property law violations that you may incur as a result of your activities on the Site. Call BlackLine has the absolute right to exclude you from any Site if you use our Service to violate the intellectual property rights or other rights of third parties. You agree to indemnify and hold Call BlackLine harmless for any violation of this provision.

  16. Limitation of Liability. 16.1 YOU ACKNOWLEDGE, BY YOUR USE OF ANY OF THE SITE OR SERVICE, THAT YOUR USE OF THE SITE OR SERVICE AND ANY RELIANCE UPON EITHER IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH YOUR USE OF THE SITE OR SERVICE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL CALL BLACKLINE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF CALL BLACKLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITE OR THE SERVICE, FROM ANY CHANGES TO THE SITE OR THE SERVICE OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. 16.2 YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU SPECIFICALLY ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES SHALL CALL BLACKLONE BE LIABLE OR RESPONSIBLE FOR HARM OR DAMAGES ARISING FROM YOUR USE OF THE INFORMATION, FACTS, AND OPINIONS AVAILABLE ON THE SERVICE AND THE SITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION, FACTS, AND OPINIONS AVAILABLE ON THE SERVICE AND THE SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST CALL BLACKLINE ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITE AND THE INFORMATION, FACTS, AND OPINIONS AVAILABLE THEREON. YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. 16.3 YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND (B) CALL BLACKLINE IS NOT RESPONSIBLE FOR ANY HARM OR DAMAGES THAT MAY ARISE FROM YOUR USE OF THE INFORMATION, FACTS, AND OPINIONS PROVIDED IN CONNECTION WITH THE SITE OR THE SERVICES. YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SITE AND THE SERVICE AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT. 16.4 IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE OR WITH ANY OF THESE TERMS, OR FEEL CALL BLACKLINE HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICE. THE TOTAL LIABILITY OF CALL BLACKLINE TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITE OR THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE. IT IS THE INTENTION OF YOU AND CALL BLACKLINE THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. 16.5 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  17. General. 17.1 Applicable Law and Jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Service or these Terms must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred. You and Call BlackLine agree that these Terms and any claims hereunder shall be governed by and subject to the laws of the state of New York, without giving effect to any principles of conflicts of law. You agree to personal jurisdiction by and venue in the state and federal courts in Albany, New York. 17.2 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 as explicitly licensed between you and Call BlackLine with such terms as agreed to in writing between you and Call BlackLine. 17.3 Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and Call BlackLine as a result of these Terms or use of the Site or the Service. 17.4 Enforcement. If any legal action is brought to enforce these Terms, the prevailing party will be entitled to reimbursement of its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive from the other party. 17.5 Force Majeure. Call BlackLine will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond Call BlackLines reasonable control. 17.6 Waiver. The failure of Call BlackLine to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Call BlackLine in writing. 17.7 Construction. The headings of Sections of these Terms are for convenience and are not to be used in interpretation. 17.8 Entire Agreement. These Terms constitute the entire agreement between you and Call BlackLine and govern your use of the Site and the Service, superseding any prior agreements between you and Call BlackLine. The failure of Call BlackLine to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and Call BlackLine nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.