Terms of Use

Brownfield Listings LLC

Effective Date: March 1, 2016

This web site, brownfieldlistings.com and all of our products or services available through our Site (such Site, products and services, collectively, the "Services") are provided by Brownfield Listings, LLC. By accessing and using the Services, you are indicating your acknowledgement and acceptance of these Terms of Use and our Privacy Policy, and you agree to be bound at all times by these Terms of Use and Privacy Policy. By accessing and using the Services, you further agree that you are responsible for your own User Content (as that term is defined herein) uploaded to the Site or the Services and compliance with any local, state, federal, international or otherwise applicable laws. If you do not agree with any of the Terms of Use, you are prohibited from using or accessing the Services and you further agree reasonable measures BL may take to prohibit your future use of the Services.

If you are under the age of 18, you may not use our Services. If you are accessing and using the Services on behalf of an organization, company or other legal entity, you represent and warrant that you have the authority to bind that organization, company or other legal entity to these Terms of Use. In that case, "you" and "your" will refer to that organization, company or other legal entity. If representing yourself as an agent, you expressly agree to hold harmless and defend BL from any action related to your agency. BL takes no action or responsibility in the agency or non-agency of its users and relies entirely and exclusively on its users to represent themselves.

In order to use the Services and are an individual, you must register yourself as a user on the Site and create an account. If you represent an organization, you or someone else within your organization that is authorized to do so must register that organization on the Site and obtain an Account for that organization. You and/or any such organization must provide accurate, complete, and current information for your Account. BL reserves the right to suspend or terminate your Account if you do not provide accurate, complete information for your Account and keep such information current, including without limitation credit card or other billing information. You agree not to disclose your Account password to any third party and notify BL immediately of any unauthorized use of your Account. You are responsible for maintaining the confidentiality of your Account information and for ensuring that only authorized individuals have access to your Account. You are responsible for all actions taken or content added through your Account. BL is not responsible for loss or theft of your Account.

By using our Services and providing us with your contact information, you agree that we can send you communications about our Services. By using our Services or by filling out any forms on or through the Services, providing us with information or making an inquiry, you acknowledge that we have an established business relationship and you expressly consent to being contacted by us or our service providers, whether by phone, mobile phone, text (SMS), email, postal mail or otherwise. Mobile phone charges may apply. From time to time, when you call us we may wish to record those phone calls for quality assurance and customer satisfaction purposes. In those jurisdictions where consent is required in order for a party to record any telephone call, you consent for us to record your call when you call us.

The Services’s users are solely responsible for their own content("User Content"),whether with or without review or approval by us or any third party;consequently, the User Content is subject to change without notice.

The User Content appearing on the Services could include technical, typographical, or photographic errors. You acknowledge that such User Content may contain inaccuracies or errors and expressly exclude us from liability for any such inaccuracies or errors to the fullest extent permitted by law. The Services are an open due diligence, self-marketing, social media platform; consequently, the Services’s users are responsible for their own contributions to the User Content, and some may upload information or data they know or suspect to be inaccurate, incomplete, out-of-date, or containing errors in order that such flaws may be discovered and through further diligence corrected or otherwise negotiated by and with other users.

Your use of any information or materials on the Services is entirely at your own risk, for which BL shall not be liable in any event including our negligence or the negligence of third parties. It shall be your own responsibility to ensure that any products, services, or information available through the Services meet your specific requirements.

Nothing contained in the Services is an offer or promise to sell a specific property, service or product for a specific price or that any other user or advertiser will sell any property, product or service for any purpose or price or on any specific terms. The Services are provided solely as a forum and online information portal and exchange that may connect property owners, property sellers, and property-related service providers. BL does not provide any real estate brokerage, appraisal or property-related services, and we do not hold ourselves out as being licensed to perform any such services. BL does not act as a real estate agent for you or any other user. BL does not sell, buy, or negotiate the purchase, sale, or exchange of real property. Further, BL does not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property. BL never represents you in any transactional capacity, e.g. as a broker or attorney. BL does not provide legal services or offer legal advice.

By creating an Account, you agree that you are signing up for the Services in good faith, and that you mean to use them only for their intended purposes as real estate information and marketing tools and for no other reason.

BL does not approve, control, or endorse your or anyone else's User Content and has no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify User Content for any reason, at our sole discretion, including User Content that we believe violates our Terms of Use. By continuing to use the Services, you expressly consent to having no recourse with respect to content takedown decisions undertaken by BL, legal or otherwise.

If you have a dispute with one or more users or a third party based on your use of the Services or with respect to User Content you have uploaded to the Services, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

BL does not sponsor, endorse, recommend or approve of any owner, seller, or service provider who offers property, products or services through the Services.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE CONTENT ON THE SITE OR THE SERVICES OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY WEBSITES LINKED TO THIS SITE OR SERVICES OR IN THE RESULTS OF ANY THIRD PARTY SEARCH ENGINE WHATSOEVER.

From time to time the Services may include links to other websites. These links are provided for your convenience to provide further information. They do not signify that BL endorses the linked website(s). BL has no responsibility for the content of the linked website(s).

The Services are the property of BL and subject to the intellectual property rights of BL ©2015 Brownfield Listings, LLC All rights reserved. The Services contain material that is owned by or licensed to BL. This material includes, but is not limited to, the design, layout, look, appearance, graphics, data and assembly of data. Reproduction is prohibited other than in accordance with the copyright notice appearing on the Services, which forms part of these terms and conditions. Further, by use of the Services you agree you will not reproduce the materials contained on the Services which are not your own property without our express written consent. We reserve all rights that are not expressly granted to you under this Agreement. All trademarks reproduced in the Services that are not the property of, or licensed to BL are acknowledged on the Services, which may be subject to copyright without notice on the Services. All non-BL trademarks, registered trademarks, product names, and logos appearing on our Services are the property of their respective owners. If you wish to use material contained on this Services other than for your individual review and informational purposes, and the copyright ownership of such material is held by a third party, then you must secure the permission of such third party in order to use such material.

By uploading any User Content to the Services, you expressly grant, and you represent and warrant that you have a right to grant, to BL a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit,translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services or other services of BL or affiliated companies or partners.

BL reserves the right to modify or discontinue (completely or in part) our Services, or any content appearing therein, in whole or in part. BL will not be liable to you or any third party if we exercise this right.

Users of the Services must not:

  1. Monitor, gather or copy any User Content on the Services by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.
  2. Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout).
  3. Post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third party (including without limitation intellectual property rights) or that is in violation of any federal, state, or local law, rule, or regulation.
  4. Post copyrighted material without permission from the owner of the copyright, including without limitation photographs or other content you upload via the Services.
  5. Disclose confidential or sensitive information, including without limitation information that would potentially be viewed as an invasion of privacy.
  6. Engage in any activities through or in connection with the Services that seek to attempt to harm minors or are defamatory, unlawful, offensive, obscene, pornographic, indecent, threatening, harassing, abusive, fraudulent, purposely false or misleading, or otherwise harmful, or that violate any right of any third party.
  7. Attempt to circumvent the security systems of the Services.
  8. Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any server utilized by BL.
  9. Attempt to use the Services for any purposes other than those intended by BL, as determined by BL in its sole discretion.
  10. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
  11. Engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services. You also agree that, in using the Services, you will not impersonate any person or entity.

If you are a real estate professional or other service provider using the Services, you agree that you will not use any information about BL users that is transferred to you during your use of the Services (for example, contact information sent to you when a user contacts you through your listing page) for any reason except to provide those users with services for which they contacted you. You shall not rent, sell or otherwise provide this information to any third party. Further, you shall not spam, harass or use such information for any illegal or harmful purpose or in any manner that reflects poorly on BL.You may only use our Services in compliance with all applicable laws.

Subject to these Terms of Use and any other policies we create, we hereby grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access the applicable Services for your personal, non-commercial, and informational use only. Any unauthorized use of our Site or Services, and any use that exceeds the license granted to you will terminate the permission or license granted by these Terms of Use. Unauthorized use of the Services may give rise to termination of your user rights, a claim for injunctive relief or for damages, or may be a criminal offense.

Agreement to Arbitrate : You and BL each agree that any and all disputes or claims that have arisen or may arise between you and BL relating in any way to or arising out of this or previous versions of the Terms of Use, your use of or access to the Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

  1. Prohibition of Class and Representative Actions and Non-Individualized Relief
  2. YOU AND BL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BL AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER BL USERS. BL AND YOU BOTH AGREE TO WAIVE THE RIGHT TO A JURY TRIAL.

  3. Arbitration Procedures
  4. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the Terms of Use including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or User Agreement is void or voidable.

    The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings:

    Brownfield Listings, LLC c/o

    Troglia Kaplan Attorneys

    Attention: Josh Kaplan

    1765 N. Elston Avenue, Suite 211
    Chicago, Illinois 60642

    The arbitration shall be held in the County of Cook, State of Illinois or another venue selected by BL at our sole discretion. If the value of the relief sought is $10,000 or less, you or BL may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and BL subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or BL, unless the arbitrator requires otherwise.

    The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different BL users, but is bound by rulings in prior arbitrations involving the same BL user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

  5. Costs of Arbitration
  6. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse BL for all fees associated with the arbitration paid by BL.

  7. Severability
  8. With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Terms of Use Agreement will continue to apply.

  9. Opt-Out Procedure
  10. IF YOU ARE A NEW BROWNFIELD LISTINGS USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN, SIGNED LETTER INDICATING YOUR DEMAND TO OPT OUT OF THE AGREEMENT TO ARBITRATE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO BROWNFIELD LISTINGS, LLC, ATTN: Troglia Kaplan Attorneys, RE: OPT-OUT NOTICE, 1765 N.Elston Avenue Suite 211, Chicago, Illinois 60642

    This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to Arbitrate, all other parts of the User Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

  11. Future Changes to the Agreement to Arbitrate
  12. Notwithstanding any provision in the Terms of Use to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against BL prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and BL. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on https://brownfieldlistings.com at least 30 days before the effective date of the changes and by providing notice by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the new terms.

    Moreover, if we seek to terminate the Agreement to Arbitrate as included in the Terms of Use, any such termination shall not be effective until 30 days after the version of the Terms of Use not containing the Agreement to Arbitrate is posted to https://brownfieldlistings.com, and shall not be effective as to any claim that was filed in a legal proceeding against BL prior to the effective date of termination.

These Terms of Use and your use of the Services are governed by the federal laws of the United States of America and the laws of the State of Illinois, without regard to conflict of law provisions. By using the Services, you agree to the terms of the Agreement to Arbitrate, above, unless you shall have submitted an Opt-Out Notice as provided in Section 5 of the Agreement to Arbitrate, in which case you shall be deemed to submit to the jurisdiction of the Courts of the United States of America and the State of Illinois. Any disputes regarding your use of the Services or your compliance with these Terms of Use not resolved pursuant to the Agreement to Arbitrate shall be resolved in a court situated in the County of Cook, State of Illinois, United States of America, or another venue to be selected by BL at our sole discretion.

BL makes no representation that materials on the Services are appropriate or available for use in locations outside the United States. Access to the Services from countries or territories where such access is illegal is prohibited. Those who choose to access this Services outside the United States do soon their own initiative and are responsible for compliance with local laws.

THE CONTENT OF THE PAGES OF THE SITE AND SERVICES IS PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" AND FOR YOUR GENERAL INFORMATION AND INDIVIDUAL USE ONLY. NEITHER WE NOR ANY THIRD PARTIES PROVIDE ANY WARRANTY EITHER EXPRESSED OR IMPLIED, OR GUARANTEE THE ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS, OR SUITABILITY OF THE CONTENT FOUND OR OFFERED ON THE SERVICES FOR ANY PARTICULAR PURPOSE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY, CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE, OR ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. ALL USE OF OUR SERVICES IS AT YOUR SOLE RISK.

You agree to defend, indemnify, and hold BL and its officers, directors, members, managers, employees and agents harmless from and against any claims,disputes, losses, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' and experts' fees and expenses) arising out of or related to: (i) any User Content you post, store, or otherwise transmit on or through the Services; (ii) your use of the Services; and (iii) your violation of these Terms of Use or your violation of the rights of any third party.

You release BL and its officers, directors, members, managers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

Termination of Repeat Infringer Accounts : The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

DMCA Take-Down Notices : If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512)("DMCA") by sending the following information in writing to the Company’s designated copyright agent at:

Troglia Kaplan Attorneys

Attention: Josh Kaplan

1765 N. Elston Avenue, Suite 211
Chicago, Illinois 60642

The date of your notification

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;

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

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.

Counter-Notices : If you believe that your User Content that has been removed from the Services is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

Your physical or electronic signature;

A description of the content that has been removed and the location at which the content appeared before it was removed;

A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and

Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company's discretion) be reinstated on the Services in 10 to 14 business days or more after receipt of the counter-notice.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BL, ITS AFFILIATES, MEMBERS, MANAGERS, EMPLOYEES, OR CONTRACTORS, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICES; (C) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE OR SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH BL OR ANY OTHER USER OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

IN NO EVENT WILL BL'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO BL FOR USE OF THE APPLICABLE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BL, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BL AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE EXCLUSION OF DAMAGES IN THE TWO (2) PRECEDING PARAGRAPHS IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST BL WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

We may revise these Terms of Use at any time without notice. By continuing to use the Services you agree to be bound by the then current version of these Terms of Use. Please consult these Terms of Use regularly. If you continue to use the Services, you signify your agreement to our revisions to these Terms of Use.

We may assign or delegate these Terms of Use and/or BL’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without BL's prior written consent, and any unauthorized assignment and delegation by you is void.

If any part of these Terms of Use is held invalid or unenforceable, that portion of the Terms of Use will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of BL to enforce any provision of these Terms of Use will not be considered a waiver of our right to enforce such provision. Our rights under these Terms of Use will survive any termination of these Terms of Use.

Any notices or other communications provided by BL under these Terms of Use will be given: (i) by BL via email; or (ii) by posting to the applicable Site or Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.