BlinkPro Terms of Service

THINKTRON CORPORATION PROVIDES THE BLINKPRO SITE AND SITE-RELATED SERVICES (collectively, the "Site") SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW (THE "AGREEMENT"). BY CHECKING THE I ACCEPT BOX OR THE JOIN NOW BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:

This Agreement is made by and between ThinkTron Corporation ("BlinkPro") and the Member ("Member" or "You").

1. Proprietary Rights

Copyright 1999 - 2007 ThinkTron Corporation All Rights Reserved.

All pages within the Site are the property of ThinkTron Corporation ("BlinkPro"). Permission (which may be revoked at any time) is granted to download the material in the Site for private, non-commercial use only, without alterations, so long as the following copyright notice is included: "Copyright 1999-2007 ThinkTron Corporation. All Rights Reserved." You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the Site.

"BlinkPro," and the BlinkPro logo are trademarks and service marks of BlinkPro. All other trademarks, service marks and logos used in the Site are the trademarks, service marks or logos of their respective owners.

2. Warranty Information

THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED, OFFERED OR PURCHASED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY BLINK. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE SITE MAY NOT BE UNINTERRUPTED, ERROR-FREE OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.

NEITHER BLINKPRO NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SPONSORS OR BLINKPRO’S FULFILLMENT PARTNERS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR FOR ANY BUSINESS INTERRUPTION OR LOSS OF INFORMATION, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT BLINKPRO IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. BLINKPRO SHALL NOT BE LIABLE TO ANY MEMBER OR ANY THIRD PARTY SHOULD BLINKPRO EXERCISE ITS RIGHT TO SUSPEND, TERMINATE, MODIFY OR DISCONTINUE ANY SERVICE OFFERED BY BLINKPRO ON THIS SITE EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT.

ANY CORRESPONDENCE OR COMMUNICATION BY YOU WITH OR YOUR PARTICIPATION IN PROMOTIONS OF ADVERTISERS AND PARTNERS FEATURED ON THE BLINKPRO SITE ARE SOLELY BETWEEN YOU AND THE ADVERTISER OR PARTNER. BLINKPRO ASSUMES NO LIABILITY, OBLIGATION OR RESPONSIBILITY WHATSOEVER FOR ANY PART OF ANY SUCH CORRESPONDENCE OR PROMOTION, INCLUDING, WITHOUT LIMITATION, WITHDRAWAL OR MODIFICATION OF ANY OFFER OR PROMOTION.

A possibility exists that the Site could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions and alterations could be made by third parties to the Site. Although BlinkPro attempts to ensure the integrity of the Site, it makes no guarantees whatsoever as to its completeness, correctness or accuracy. In the event that such an inaccuracy arises, please inform BlinkPro (by sending email to suggest@BlinkPro.com) so that BlinkPro can try to correct it.

BlinkPro neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by anyone other than authorized Company employee spokespersons while acting in their official capacities. Under no circumstances will BlinkPro be liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site.

3. Acknowledgments

You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site, and all charges related thereto.

The Site contains links to other Web sites operated by third parties for information purposes ("Linked Sites"). You acknowledge that BlinkPro and its sponsors neither endorse nor are affiliated with the Linked Sites and are not responsible for any content that appears on the Linked Sites. You also acknowledge that the respective owners of the Linked Sites neither endorse nor are affiliated with BlinkPro and its sponsors.

4. Void Where Prohibited

Although the Site is accessible worldwide, not all products or services discussed or referenced in or on the Site are available to all persons or in all geographic locations or jurisdictions. BlinkPro reserves the right to limit the availability of the Site and/or the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made in the Site is void where prohibited.

5. Code of Conduct

While using the Site, you agree not to:

• Restrict or inhibit any other member from using and enjoying the Site;
• Post or transmit any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information of any kind;
• Without BlinkPro’s prior written approval, post or transmit any advertising, promotion or solicitation of goods or services for commercial purposes;
• Post or transmit any information or software that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
• Post or transmit materials in violation of another party’s copyright or intellectual property rights;
• Use the Site for any commercial or unlawful purposes;
• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
• Transmit chain letters, junk or bulk email or spam (commercial or otherwise); or
• Harvest or collect information about other Site members without their consent.

While using the Site, you agree to comply with all applicable laws, rules and regulations in connection with the Site.

BlinkPro has no obligation to monitor the Site. However, you acknowledge and agree that BlinkPro has the right to monitor the Site and to disclose any information to any third party (please refer to our privacy policy) in order to operate the Site properly, to protect itself and its sponsors and customers, and to comply with legal obligations or governmental requests. BlinkPro reserves the right to refuse to post or to remove any information or materials, in whole or in part, that are unacceptable, offensive or in violation of this Agreement. Such prohibition may occur without notice to the member. You acknowledge and agree that in any of the aforementioned circumstances, if you have paid a subscription fee to BlinkPro, such fees shall not be returned or refunded to you, whether in whole or in any portion.

6. Indemnification

You agree to indemnify, defend and hold harmless BlinkPro and its sponsors from and against any and all claims, damages, costs or other expenses (including attorney’s fees and disbursements) that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) your violation of the Code of Conduct above, and/or (c) your activities in connection with the Site.

7. Termination

BlinkPro reserves the right to immediately suspend or terminate any individual’s use of the Site and/or such member’s member identification and password in its sole discretion with or without cause.

If you wish to terminate your account, your only recourse is to discontinue use of the account (though you can delete information from your account at any time). In addition, if you do not pay for access to the Site, BlinkPro may terminate your account for inactivity, which is defined as failing to log into the Site for an extended period of time, as determined by BlinkPro. BlinkPro currently views an "extended" period of time as 120 days after the first login. Although BlinkPro does not generally terminate accounts for inactivity, this policy can change at any time without prior notice to members. Upon termination of your account, your right to use the Site immediately ceases, and BlinkPro shall have no obligation to maintain any content in your account.

8. Restricted Rights Legend

Use, duplication or disclosure by the U.S. government is subject to the restriction as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software Clause as DFARS 252.227-7013 and FAR 52.227-19, as applicable. Supplier is ThinkTron Corporation, 7855 NW 12th Street, Suite 212, Miami, FL 33126.

9. Making Purchases

If you wish to license or make purchases of products or services described or advertised on the Site by third parties, you may be asked by the applicable merchant or service provider to supply certain information, including but not limited to credit card or other payment information. You understand that any such information will be treated by BlinkPro in the manner described in its Privacy Policy. You agree that all information that you provide to any such merchant or service provider will be accurate, complete and current. You agree to pay all charges incurred by members of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Moreover, you agree to review and to comply with the terms and conditions of any specific agreement that you enter into with the merchant and/or service provider in connection with the licensing or purchase of any product or service.

BlinkPro does not sell any products or services and is not responsible for the accuracy, quality, fulfillment or delivery of orders, pricing or availability of any products or services advertised or promoted by third parties on this Site.

10. Submissions

You acknowledge that any folders, links or link lists for which you grant access to the public (meaning all other members) or specific groups of members can be viewed freely by other members of the Site. Further you acknowledge that if you grant permission to other members to add, delete, modify or otherwise alter your folders, links or link lists they will be able to so. In any case you agree to hold BlinkPro harmless from any liability arising from another member’s alteration of your folders, links or link lists, whether such alteration is authorized or unauthorized by you.

You acknowledge and agree that, by submitting any text, images, data, or other materials, such as, without limitation, link descriptions, link ratings and discussion contributions, ("Content") to BlinkPro, you grant to BlinkPro a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to link to, use, reproduce, transmit, modify, adapt, publish, display, distribute, translate, and sub-license such Content l (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material, subject to any other third-party’s copyright, trademark or service mark rights. Further, by submitting Content to BlinkPro, you acknowledge that you have the authority to grant such rights to BlinkPro. None of the Content is endorsed by BlinkPro, and BlinkPro cannot and does not make any representations with respect to the truth or reliability of the Content. BlinkPro reserves the right to remove any Content, in whole or in part, from the Site. The foregoing provisions regarding Content are for the benefit of BlinkPro, its subsidiaries and affiliates, and its third party content providers and licensors, and each shall have the right to assert and enforce those provisions directly or on its own behalf.

11. Use of Secure Area and Password

You agree to provide accurate, complete and current information when you register at the Site. Use of any password-protected area of the Site is restricted to the individual who has been given permission, a member identification and password to enter such area (the "Authorized Party"). If more than one individual wishes to use a single member identification and password belonging to an Authorized Party, such Authorized Party must request permission from BlinkPro in writing, it being understood that BlinkPro shall be under no obligation to approve any such request. You are entirely responsible for maintaining the confidentiality of your password and member identification. Furthermore, you are entirely responsible for any and all activities that occur under your account.

12. Charges and Billing

You acknowledge and agree that you may cancel your account at any time, but BlinkPro will not refund any remaining portion of your pre-paid fees when you cancel your account.

Your account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it. The site may be suspended, archived or purged from system if account is delinquent for more than one billing cycle. BlinkPro may impose a charge to restore archived data from delinquent accounts.

This section shall in no way limit any other remedies available to BlinkPro. You also acknowledge and agree that you will be billed for and will pay any outstanding balances if you cancel your account or if your account is terminated. You must notify BlinkPro of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not notify Homestead within sixty (60) days, you waive any right to dispute such problems or discrepancies.

13. Miscellaneous

In order to comply with the Children’s Online Privacy Protection Act of 1998, BlinkPro will not accept registrations from users, who are under 13 years of age. By subscribing to the BlinkPro service, you represent and warrant that you are 13 years old or older.

This Agreement is entered into in the State of Florida and shall be governed by and construed in accordance with the laws of the State of Florida, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Miami-Dade in the State of Florida, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Nothing in this Agreement creates any joint venture, agency, franchise or sales representative relationship between you and BlinkPro. Members of BlinkPro are independent contractors and shall not be deemed for any purpose to be an employee of BlinkPro.

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. BlinkPro shall have the right at any time to (a) change the terms of this Agreement, (b) change the Site, including eliminating, discontinuing, modifying or adding any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, or (c) change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any feature thereof. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site within this Agreement, or by electronic mail, or by conventional mail. Your use of the Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions or deletions. You are expected to review this Agreement periodically to ensure familiarity with the most current version.

Privacy. BlinkPro promises to maintain the privacy of members’ personal information in conformance with our privacy policies, the full extent of which can be found by reviewing our Privacy Policy.

Please review the BlinkPro Privacy Policy