LAST UPDATED: March 11, 2023

 

Please read these Terms of Use carefully (“Terms”). These Terms provided by BlinkTBI, Inc. (“Blink”, “BlinkCNS”, “we”, “our” and “us”) govern and apply to your access and use of the i- blinkTM app (the “App”) and Blink's services available via the App (collectively, the “Services”). By clicking “I AGREE” on the download page and downloading the App, you agree to be bound by these Terms. References in these Terms to “you” or “your” refer to both you and any person or entity on whose behalf you act, if any.
 

THE APP AND THE SERVICES ARE INTENDED SOLELY AS A TOOL TO ASSIST YOU IN ORGANIZING, UNDERSTANDING AND MANAGING INFORMATION. THE SERVICES ARE NOT INTENDED TO PROVIDE HEALTH OR MEDICAL ADVICE. THE SERVICES ARE NOT INTENDED TO (AND DO NOT) CREATE ANY PATIENT RELATIONSHIP BETWEEN BLINK AND YOU, NOR SHOULD YOUR USE OF THE APP OR THE SERVICES BE CONSIDERED A REPLACEMENT FOR CONSULTATION WITH A HEALTH CARE PROFESSIONAL. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON OR VIA THE APP OR THE SERVICES OR THE RESULTS YOU RECEIVE THROUGH THE SERVICES. IN ADDITION, YOU UNDERSTAND AND AGREE THAT IN PROVIDING THE SERVICES WE MAY RELY ON THIRD PARTY PROVIDERS, INCLUDING FOR PURPOSES OF SENDING PUSH NOTIFICATIONS, AND HEREBY DISCLAIM ANY LIABILITY WITH RESPECT TO THE SERVICES PROVIDED BY SUCH PROVIDERS. YOU SHOULD NOT RELY ON THE APP OR THE SERVICES FOR ANY LIFE- THREATENING CONDITION OR ANY OTHER SITUATION WHERE TIMELY ADMINISTRATION OF MEDICATIONS OR OTHER TREATMENT IS CRITICAL.
 

We reserve the right, at our discretion, to modify, replace, update or change any of these Terms or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time and for any reason. Blink shall not be liable to you for any such modification, replacement, suspension or discontinuation of your rights to access and use the Services. However, if we make any material changes to these Terms, we will update the LAST UPDATED date first set forth above, notify you by e-mail, post a notice on our home page and/or alert you to such changes by other similar means, and require that you reaffirm your agreement to these Terms as updated. We may also impose limits on certain features of the Services or restrict your access to all or part of the Services without notice or liability. It is your responsibility to check these Terms periodically for changes. By continuing to use the Services, you agree to accept all such revisions, and any updated Terms.

 

1. Applicability of These Terms

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Your access to, and use of the App and the Services is expressly conditioned on your acceptance of and compliance with these Terms. In order to receive our Services, you must register for an Account as more fully described below in the section entitled “Your Account and Registration.” To register for an Account you must be at least 18 years old. You represent and warrant that you have the legal ability (capacity) to enter into a binding contract and are at least 18 years old, that all registration information you submit is accurate and truthful. Children who are least 13 years old and for whom you are the parent or legal guardian may use the App and Services under your Account with your involvement, supervision, and approval, provided that you remain at all times responsible and liable for their use of the App and the Services under these Terms. No one under 13 years of age may use the App or the Services. Blink may, in its sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time, for any reason.

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2. Your Account and Registration
 

You need to register and create an account (your “Account”) to use the App. When creating an Account, you represent and warrant that all information you provide to us is truthful and accurate. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, or violates our Terms. You agree that you will create only one Account. You are responsible for maintaining the confidentiality of your Account password, and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.

When creating an Account, you will be required to select a password and screen name (“Blink User ID”). You shall not (a) select or use as a Blink User ID a name of another person with the intent to impersonate that person; (b) use as a Blink User ID a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a Blink User ID a name that is otherwise offensive, vulgar or obscene. Blink reserves the right to refuse registration of, or cancel a Blink User ID in its sole discretion. You shall never use another user’s Account without such other user’s express permission. You will immediately notify Blink in writing of any unauthorized use of your Account, or other Account related security breach of which you become aware.
 

As a condition of using our Services, you will be required to provide Blink with your email address and phone number as part of Account registration. You may also be required to complete a questionnaire so that we can better analyze the data we obtain from your use of the App. As part of the Services, you may receive from us email and other communications (e.g., SMS messages and voice calls) relating to your use of our Services. By disclosing your contact information or otherwise sending electronic communications through the Services, you acknowledge and agree that we may send you communications through registered mail, email and other electronic communications, SMS messages, voice calls or otherwise, in each case that we determine, in our sole discretion, is related to your use of our Services. As part of using our Services you agree to receive all agreements, notices, disclosures and other communications that we provide to you in electronic form, and acknowledge that receipt of such documents in electronic form satisfies any legal requirement that such communications be in writing.

PLEASE NOTE THAT WHEN YOU CONTACT US BY EMAIL OR TEXT, SUCH COMMUNICATION MAY NOT BE SECURE BECAUSE IT TRAVELS OVER UNSECURE COMMUNICATION LINES. BY SENDING ANY CONFIDENTIAL OR PERSONAL INFORMATION TO US VIA EMAIL OR TEXT, OR AGREEING TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US THROUGH EMAIL OR TEXT, YOU ACKNOWLEDGE AND ACCEPT ANY RISK AND DAMAGE ARISING FROM DISCLOSURE OF SUCH INFORMATION IN THE COURSE OF TRANSMISSION.

 

3. No Emergency Services

THE SERVICES ARE FOR NON-EMERGENCY PURPOSES ONLY. DO NOT ATTEMPT TO ACCESS EMERGENCY CARE THROUGH THE SERVICES. IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, OR IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM. THE SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY OR TIME-CRITICAL CALLS OR COMMUNICATIONS TO ANY TYPE OF HOSPITAL, LAW ENFORCEMENT AGENCY, MEDICAL CARE UNIT, OR ANY OTHER KIND OF EMERGENCY OR TIME-CRITICAL SERVICE.
 

4. Privacy and your Personal Information
 

Blink’s current Privacy Policy for the Services may be found at https://blinkcns.com/privacy and is expressly incorporated into these Terms. The Privacy Policy discloses Blink’s practices regarding the collection, use and disclosure of your personal information in connection with your use of the Services. By agreeing to these Terms, you are also agreeing to the terms of the Privacy Policy and expressly consenting to the collection, use, and disclosure of your personal information, including without limitation your health information, as described therein.
 

5. Rules and Conduct

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As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms or any applicable law, rule or regulation of a governmental authority (“Applicable Laws”). You shall not: (a) take any action that imposes or may impose (as determined by Blink in its sole discretion) an unreasonable or disproportionately large load on Blink’s (or its third party providers’) infrastructure; (b) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or (c) bypass any measures Blink may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services).
 

You shall not (directly or indirectly): (a) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services; (b) modify, translate, or otherwise create derivative works of any part of the Services; or (c) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all Applicable Laws with respect to your use of the Services or your publishing of any User Submission (as defined below) in or on the Services. Blink reserves the right to remove any User Submission or other content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or User Submission.
 

6. Blink Content, Intellectual Property
 

The Services and all content and material owned by Blink, which are provided via the Services (the “Content”) are protected under United States and international intellectual property, copyright, trademark, patent, trade secret and other laws. The Services and the Content are the sole property of Blink. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit the Services or any Content or third party submissions or other proprietary rights not owned by you, (a) without the consent of the respective owners or other valid right, and (b) in any way that violates any third party right or is in violation of any Applicable Law.
 

You may, to the extent the Services expressly authorize you to do so, download or copy the Content, and other items displayed on the Services for download, for personal use only in accordance with these Terms, provided that you maintain all copyright, trademark and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use in accordance with these Terms is expressly prohibited without prior written permission from Blink. You acknowledge that all Content accessed by you using the Services is at your own risk. All Content is provided “as is.” Under no circumstances will Blink be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services. Subject to your compliance with these Terms you are granted a personal, nonexclusive, nontransferable, non-sublicenseable, revocable, limited right to use the Services. All rights in and to the Services not expressly granted in these Terms are hereby reserved and retained by Blink.
 

The trademarks or logos used by Blink (the “Blink Marks”) are trademarks or registered trademarks of BlinkTBI, Inc. Other trademarks, service marks, graphics and logos appearing on the Services may be the property of third parties (the “Third Party Marks”). Neither your use of the Services nor these Terms grant you any right, title or interest in or to, or any license to reproduce or otherwise use, the Blink Marks or any Third Party Marks.
 

7. User Submissions
 

The Services may provide you with the ability to create, upload, submit, disclose, distribute or otherwise post photos, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, works of authorship or other information related to the Services, including without limitation any feedback or suggestions for improvements, enhancements, or error corrections (collectively, “User Submissions”). You represent and warrant to us that you have the legal right to post such User Submissions and that doing so will not violate any law or infringe upon or violate the rights of any person or entity. By posting User Submissions through the Services, you hereby grant us a perpetual, irrevocable, royalty-free fully transferable and sublicensable right and license to display, transmit, copy, distribute, use, perform, and create derivative works of such User Submission for any purposes.
 

You understand that Blink shall have the right to de-identify, reformat, excerpt, or translate any materials, content or information submitted by you, including photos and videos of your face.

Blink does not endorse and has no control over any User Submissions. Blink cannot guarantee the authenticity of any data which users may provide about themselves.

You represent and warrant that any User Submission provided by you: (i) will not infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; (ii) is not unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) does not involve commercial activities and/or sales; (iv) does not contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Blink or any third party; (v) does not impersonate any person or entity, including any employee or representative of Blink; and (vi) does not violate any Applicable Law.

8. Termination
 

Blink may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information and User Submissions associated with your Account. Upon termination of your right to use our Services or our termination of the Services, all licenses and other rights granted to you by these Terms will immediately terminate.
 

If you wish to terminate your Account, you may do so by following the instructions in the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
 

9. Warranty Disclaimer
 

Blink has no special relationship with or fiduciary duty to you. THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BLINK DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE ACCURATE, COMPLETE, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL MALWARE; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR THE STATED PURPOSE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
 

12. Indemnification
 

You shall defend, indemnify, and hold harmless Blink, its affiliates and each of its employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to: (a) your use or misuse of, or access to, the App or the Services; (b) your breach of these Terms; (c) your violation or alleged violation of any Applicable Law; or (d) infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Blink reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Blink in asserting any available defenses.

 

13. Limitation of Liability
 

IN NO EVENT SHALL BLINK, OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE APP OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT): (A) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); OR (B) FOR ANY DAMAGES IN THE AGGREGATE IN EXCESS OF TEN U.S. DOLLARS ($10.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IF YOU RESIDE IN SUCH A JURISDICTION. 

WE ARE NOT LIABLE TO ANY PERSON OR USER FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY LICENSED MEDICAL PROFESSIONAL OR ANY OTHER PARTY. 

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BLINK AND YOU.
 

When using the Services, information will be transmitted over a medium which may be beyond the control and jurisdiction of Blink, its customers and/or its vendors. Accordingly, Blink assumes no liability for or relating to the delay, unintended disclosure, failure, interruption or corruption of any data or other information transmitted in connection with use of the Services.
 

Any claims against Blink arising in connection with your use of the Services must be brought against Blink within one (1) year of the date of the event giving rise to such action. 

Our goal is to test the Services and validate and verify data collected via and through the Services. We make no endorsement, representation, or warranty of any kind about any results or information that you may obtain through the Services. 

We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Service. The Service may change from time to time.
 

14. International Use
 

Accessing the Services is prohibited from territories where such Services are illegal. If you access the Services from other countries, you do so at your own initiative and are responsible for compliance with local laws.
 

15. Governing Law; Dispute Resolution
 

These Terms to be construed and governed in accordance with the internal laws of the State of South Carolina without reference to conflict of law principles. Any controversy or claim arising out of or relating to these Terms, or the negotiation or breach thereof,shall be settled by arbitration in accordance with the then-current Rules of Commercial Arbitration of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be held in Charleston, South Carolina and shall be conducted in the English language, and shall be conducted before a single arbitrator mutually agreeable to the parties, or if no agreement can be reached, then selected by the American Arbitration Association. The arbitrator shall award reimbursement of attorneys' fees and other costs of arbitration to the prevailing party, in such manner as the arbitrator shall deem appropriate. In addition,the losing party shall reimburse the prevailing party for the costs and expenses incurred by it, including attorneys’, arbitrators’ and courts’ fees and expenses, in connection with any action or proceeding hereunder. If any court having proper jurisdiction hereof shall subsequently determine any portion of these Terms to be invalid, such designation shall not affect the remaining provisions of these Terms, which will continue in full force and effect. If, under applicable law, this arbitration provision is not enforceable as to a particular claim brought by one party against the other, then legal proceedings involving only that claim may be instituted solely either in the state court for the State of South Carolina, County of Charleston, or in the United States District Court for the District of South Carolina located in Charleston, South Carolina. For the purposes of these Terms, all parties hereby irrevocably consent to the jurisdiction of such courts over their person and waive any defense based on improper or inconvenient venue or lack of personal jurisdiction.

 

16. Integration and Severability
 

These Terms, including the Privacy Policy, constitute the entire agreement between you and Blink with respect to the App and the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Blink with respect to the App and the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

17. Miscellaneous
 

Blink shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Blink’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with Blink’s prior written consent. Blink may assign, transfer or delegate any of its rights and obligations hereunder without consent. Our licensors may be entitled to enforce these Terms as third-party beneficiaries. There are no other third-party beneficiaries to these Terms. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
 

18. Contact
 

You may contact us at the following address: 635 Rutledge Ave., Suite 106, Charleston, SC 29403.