BLUONLIVE

DISTRIBUTOR TERMS OF SERVICE

These Distributor Terms of Service (these "Terms") describe your rights and responsibilities when accessing and using the BluonLive platform and any and all related software and services (collectively, "BluonLive") offered by Bluon, Inc. ("Bluon," "we," "our," or "us"). By accessing or using BluonLive, or by clicking a button or checking a box marked "I Agree" (or something similar), you signify that you have read, understood, and agree to be bound by these Terms, whether or not you are a registered user of BluonLive. These Terms apply to you and anyone else who accesses or visits BluonLive on your behalf ("Distributor", "you" or "your"). As used herein, a "Product" means any product that you offer to Buyers (as defined in Section 1) on BluonLive.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY MUTUAL INDIVIDUAL ARBITRATION PROVISION IN SECTION 13.2 (THE "ARBITRATION AGREEMENT") AND A MUTUAL CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 13.3 (THE "CLASS ACTION/JURY TRIAL WAIVER") THAT REQUIRE, SUBJECT ONLY TO THE SPECIFIED EXCEPTIONS IN SECTIONS 13.2 AND 13.3 OR UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 13.2, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTIONS OR PROCEEDINGS.

Our Service. BluonLive is a platform that facilitates communications and transactions between you and heating, ventilation, and air conditioning (HVAC) professionals using Bluon's mobile application (the "Bluon App") that wish to purchase Products from you (collectively, "Buyers"). It is currently contemplated that Bluon will prioritize the display of Distributor store locations that are visible to Buyers on the Bluon App based on: (1) a Buyer's selection of a Distributor location as that Buyer's preferred Distributor store, (2) the Distributor locations where a Buyer currently has an open account, and (3) the geographic proximity of a Distributor store to a Buyer's current location. However, Bluon retains sole discretion to change how Bluon prioritizes, categorizes, highlights, and otherwise modifies the method of Buyer discovery of Distributors, including through search results and tagging, in order to improve service quality and for other purposes.
1. Eligibility. This is a contract between you and Bluon. You must read and agree to the terms and conditions of these Terms before using BluonLive. If you do not agree, you may not use BluonLive. You may use BluonLive only if you can form a binding contract with Bluon, and only in compliance with these Terms and all applicable local, state, federal, national, and international laws, rules and regulations. Any access to or use of BluonLive by anyone under 18 is strictly prohibited and in violation of these Terms. BluonLive is not available to any users previously removed from BluonLive by Bluon.
2. Limited License. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use BluonLive for your internal business use only as permitted by the features of BluonLive. Bluon reserves all rights not expressly granted herein in and to BluonLive and the Bluon Content (as defined in Section 3). Bluon may terminate the license granted in this section at any time for any reason or no reason.
3. Platform Fees.
  - (a) Platform Fees. As compensation for providing BluonLive to you, Bluon shall collect a transaction fee (the "Platform Fee") from you in an amount equal to the Applicable Percentage (as defined below) of the total dollar amount that you charge (less any deductions for taxes) for each Fulfilled Order (as defined below) that accrues during each calendar month. The "Applicable Percentage" means the percentage identified during your onboarding process that will apply until and including the date identified during your onboarding process (the "Fee Reservation Date"). Unless otherwise agreed in writing by Bluon, Bluon may revise and adjust the Platform Fee after the Fee Reservation Date in its sole discretion, and such adjusted Platform Fee will become applicable upon thirty (30) days prior written notice to you (which may be given via email). A "Fulfilled Order" is a transaction where you have caused Products to be sold to a Buyer whose request for those Products was initiated on BluonLive, and for which the first of the following has occurred: (i) you confirm the transaction has been completed through the applicable functionality available within BluonLive; or (ii) at least 30 days has elapsed since the Buyer accepted your proposal through BluonLive (and you did not cancel the transaction through the functionalities available within BluonLive).
  - (b) Responding to Order Requests Through BluonLive. You acknowledge and agree that Bluon will deliver Fee Invoices (as described in Section 1.3(c)) to you based on the information you provide in response to inbound order requests from Buyers for Products through the applicable functionality available within BluonLive. Accordingly, you agree that you will respond to inbound requests through BluonLive and provide the requisite information (including price information) to inbound requests through BluonLive and further agree that neither you nor any of your personnel or users, regardless of Store Location (as defined in Section 1.4(a)), will fulfill orders for Products that were initiated on BluonLive off the platform (e.g., without inputting the pricing and availability for the Products through the applicable functionality available within BluonLive).
  - (c) Invoices; Payments; Adjustments.
    - (i) Following the end of each calendar month, Bluon will deliver to you an invoice showing Bluon's computation of Platform Fees for Fulfilled Orders during such month (a "Fee Invoice"). You agree to remit payment for each Fee Invoice within thirty (30) days after the date of your receipt of such Fee Invoice.
    - (ii) When a Buyer returns a Product to you for a refund, the Platform Fee applicable to such Product will be credited against the next Fee Invoice that Bluon may issue to you if, and only if, you provide notice of the return to Bluon through the applicable functionality available within BluonLive within thirty (30) days of the date the transaction was processed. If Bluon does not issue any additional Fee Invoices to you because your activities do not give rise to additional Platform Fees, then you forfeit that right to a credit.
    - (iii) In the event you wish to dispute the amounts set forth in a Fee Invoice, you will provide us with written notice within thirty (30) days of your receipt of the applicable Fee Invoice. If you do not provide us with such notice in that window, then you are deemed to have accepted the applicable Fee Invoice. The written notice must contain reasonable detail of the amounts you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice.
4. Onboarding; Termination by You
  - (a) Store Accounts You must register a separate account on BluonLive (each, a " Store Account") for each individual physical store location from which you will distribute Products to Buyers (each, a "Store Location") in order to gain access to BluonLive's services and functionalities for such Store Location, which we may establish and maintain from time to time, in our sole discretion. We may maintain different types of Store Accounts for different types of users. When you open a Store Account on behalf of your company, organization, or other entity, then (i) "you" includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity, with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Bluon may from time to time make available to you the ability to connect to BluonLive using a third-party service. If you choose to connect to BluonLive with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. Each Store Account may only be accessed and used by Distributor personnel working in the specific Store Location to which such Store Account relates. You may never (i) use or otherwise access another user's Store Account, or (ii) share credentials or access to your Store Account with any other user that does not work for the specific Store Location to which your Store Account relates, in each case without Bluon's express prior written permission, even if the Store Account is maintained by the same company, organization, or entity. When creating your Store Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your Store Account, and you must keep your Store Account password secure. You must notify Bluon immediately of any breach of security or unauthorized use of your Store Account. Bluon will not be liable for any losses caused by any unauthorized use of your Store Account. You may control your Store Account and how you interact with BluonLive by changing the settings in your settings page By providing Bluon your phone number and email address, you consent to our using that email address and phone number to send you Bluon-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address and phone number to send you other messages (including text messages), such as changes to features of BluonLive and special offers. If you do not want to receive such email or text messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email and text messages regarding updates, improvements, or offers.
  - (b) Store Profiles For each Store Location, you must create a public profile (each, a "Store Profile") that contains information that we require from you, such as your company name, brands carried by that Store Location, business information, a representative picture or company logo, media clips, email address, physical address (including city and state), and any other information that you choose to prove through the available functionalities. Bluon reserves the right to approve or reject, in Bluon's sole discretion, the publication of any Store Profile on BluonLive. It is solely your responsibility to ensure that all content comprising each Store Profile is at all times accurate, complete and up to date, and you agree not to offer or hold any Product on or through BluonLive unless the applicable Store Profile is accurate, complete and up to date. Bluon has the right (but not the obligation), in its sole discretion, to verify the information contained in any Store Profile, including verifying the location and information for each Store Location. If requested, Distributor agrees to diligently assist Bluon in this process by providing any supporting documentation reasonably requested by Bluon.
  - (c) Terminating Your Account You may stop using BluonLive at any time. You may terminate and delete your user account (including any Store Accounts) at any time from your settings page. Notwithstanding anything to the contrary herein, no termination, deletion, cancellation, or suspension of your user account will affect your obligation to pay any Platform Fees or other amounts payable to Bluon prior to the effective date of termination.
5. Relationship with Bluon
  - (a) Bluon's Role as a Platform Provider BLUON OPERATES AS AN ONLINE PLATFORM THAT CONNECTS YOU WITH BUYERS OF PRODUCTS. BLUON DOES NOT ITSELF OWN OR PROVIDE PRODUCTS AND DOES NOT EMPLOY INDIVIDUALS OR ENGAGE ENTITIES TO PROVIDE PRODUCTS. BLUON IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY BUYER. BLUON CANNOT, AND DOES NOT, MONITOR OR CONTROL THE ACTIONS OF ANY BUYER, INCLUDING TO VERIFY ANY BUYER'S IDENTITY OR ENSURE A BUYER'S ABILITY OR INTENT TO COMPLETE ANY TRANSACTION. ANY TRANSACTION THAT YOU CHOOSE TO PARTICIPATE IN THROUGH BLUONLIVE IS AT YOUR SOLE RISK. BY USING BLUONLIVE, YOU ACCEPT ALL RISK ASSOCIATED WITH ANY TRANSACTION YOU PARTICIPATE IN THROUGH BLUONLIVE AND AGREE THAT BLUON SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSS YOU MAY SUFFER.
  - (b) No Warranties DISTRIBUTOR IS NOT AN EMPLOYEE, PARTNER, REPRESENTATIVE, AGENT, JOINT VENTURER, INDEPENDENT CONTRACTOR OR FRANCHISEE OF BLUON. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH BUYERS. YOU ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ASSESSING AND VERIFYING ANY INFORMATION ABOUT BUYERS, INCLUDING ANY USER CONTENT (AS DEFINED IN SECTION 2) AND/OR FEEDBACK (AS DEFINED IN SECTION 2.3) ASSOCIATED WITH SUCH BUYER. BLUON DOES NOT MAKE ANY REPRESENTATIONS ABOUT, OR GUARANTEE THE TRUTH OR ACCURACY OF, ANY USER CONTENT OR FEEDBACK, AND DOES NOT GUARANTEE ANY BUYER'S SUITABILITY FOR ANY PURPOSE (REGARDLESS OF WHETHER A PARTICULAR BUYER APPEARS AS "VETTED," "VERIFIED" OR SOMETHING SIMILAR). WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND BUYERS OR OTHER USERS, AND WE SHALL HAVE NO LIABILITY FOR YOUR INTERACTIONS WITH BUYERS OR OTHER USERS, OR FOR ANY BUYER'S OR OTHER USER'S ACTION OR INACTION. YOU HEREBY ACKNOWLEDGE THAT BLUON DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR THE PRODUCTS OR ANYTHING ELSE OFFERED OR PROVIDED BY OR THROUGH OR IN CONNECTION WITH BLUONLIVE AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE PRODUCTS AND ANYTHING ELSE YOU OR ANY OTHER USER MAY OFFER OR PROVIDE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE. YOU HEREBY IRREVOCABLY AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE WITH RESPECT TO THE FOREGOING. BLUON MAKES NO REPRESENTATIONS ABOUT AND DOES NOT GUARANTEE, AND YOU AGREE NOT TO HOLD BLUON RESPONSIBLE FOR: ANY BUYER'S CONDUCT DURING ANY INTERACTION, COMMUNICATION, OR TRANSACTION; YOUR FAILURE TO DELIVER A PRODUCT, OR YOUR ABILITY TO DELIVER A PRODUCT; THE QUALIFICATIONS, BACKGROUND, OR IDENTITIES OF BUYERS; THE ABILITY OF A BUYER TO PAY SUMS DUE TO YOU; OR ANY USER CONTENT, FEEDBACK, AND/OR OTHER STATEMENTS OR POSTS OF USERS. YOU HEREBY IRREVOCABLY AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE WITH RESPECT TO THE FOREGOING. YOU ALSO ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING, AND HAVE THE SOLE RIGHT TO DETERMINE, TO WHICH BUYERS TO PROVIDE PRODUCTS AND THE TIME, PLACE, MANNER, AND MEANS OF DELIVERING OR OTHERWISE PROVIDING ANY PRODUCTS.
  - (c) No Agency or Employment Relationship Nothing in these Terms shall in any way be construed to constitute Distributor as an agent, employee or representative of Bluon, or to create a joint venture between the parties. You further acknowledge, agree, and understand that you are not an employee of Bluon, and that you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance). Distributor acknowledges, agrees and understands that Distributor is solely responsible (i) for all tax liability associated with payments received by Distributor through BluonLive, and that Bluon will not withhold any taxes from payments to you; (ii) for obtaining any liability, health, workers' compensation, disability, unemployment, or other insurance needed, desired, or required by law, and Distributor acknowledges that Distributor is not covered by or eligible for any insurance from Bluon; (iii) for determining whether Distributor is required by applicable law to issue any particular invoices, and for issuing any invoices so required; and (iv) for determining whether Distributor is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges, and for remitting any such taxes or charges to the appropriate authorities.
6. Changes to BluonLive; Termination and Suspension of Access by Bluon.
  - (a) We may, without prior notice, change BluonLive; stop providing BluonLive or features of BluonLive to Distributors generally; or create usage limits for BluonLive. We may permanently or temporarily terminate or suspend your Store Account and/or access to BluonLive (which, for the avoidance of doubt, includes the BluonSearch functionality) for any reason or for no reason; provided, however, that, unless the termination or suspension was for a purpose set forth in Section 1.6(b) below, we will provide at least fourteen (14) days' written notice prior to any termination or suspension under this Section 1.6(a) and we agree to negotiate in good faith during the 14-day period after the notification to attempt to resolve any disagreement about the termination or suspension of your Store Account and/or access to BluonLive.
  - (b) Notwithstanding Section 1.6(a), we may permanently or temporarily terminate or suspend your Store Account and/or access to BluonLive (which, for the avoidance of doubt, includes the BluonSearch functionality) without prior notice, and as determined in our sole discretion, (a) in the event we determine that you (including any other person or entity acting through or on your behalf) have or attempted to have (i) damaged, harmed or misused the BluonLive platform or Bluon's software, servers, networks or other systems, or (ii) violated any provision of these Terms; (b) as necessary or appropriate to comply with any law, regulation, court order, or other governmental request or order; or (c) to protect Bluon from potential legal liability or harm to its business. We will use commercially reasonable efforts to notify you of the reason(s) for a suspension or termination action under this Section 1.6(b). Bluon will not be responsible for any loss or damages incurred by you as a result of any change, termination or suspension of access as set forth in this Section 1.6.
7. Service Location. BluonLive is controlled and operated from facilities in the United States. Bluon makes no representations that BluonLive is available for use in other locations. Those who access or use BluonLive from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to, export and import regulations. You may not use BluonLive if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
User Content. Some areas of BluonLive allow users to submit, post, display, provide, or otherwise make available content such as information about themselves; videos, images, reviews, comments, and questions about, among other things, BluonLive and other users; and other content or information (any such materials a user submits, posts, displays, provides, or otherwise makes available on BluonLive, including, without limitation, all content comprising the Store Profiles (as defined in Section 1.4(b)), are referred to herein as "User Content").
1. User Content - Intellectual Property Rights We claim no ownership rights over User Content created by you. The User Content you create remains yours. However, you understand that certain portions of BluonLive may allow other Buyers and other users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through BluonLive, you agree to allow others to view, edit, share, and/or otherwise interact with your User Content in accordance with your settings and these Terms. Bluon has the right (but not the obligation), in its sole discretion, to remove any User Content that is shared via BluonLive, including, without limitation, any Store Profile. By submitting, posting, displaying, providing, or otherwise making available any User Content on or through BluonLive, you hereby grant, and you represent and warrant that you have all rights necessary to grant to Bluon, for as long as you have an account on BluonLive, a royalty-free, sublicensable, transferable, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, 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, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with BluonLive (including, without limitation, the Feedback (as defined in Section 2.3)) and Bluon's (and its successors' and affiliates') business, including, without limitation, for promoting and redistributing part or all of BluonLive (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of BluonLive a non-exclusive license to access your User Content through BluonLive, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of BluonLive and under these Terms. For the purposes of these Terms, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. In connection with your User Content, you affirm, represent and warrant the following:
  - you have the consent of each and every identifiable natural person in the User Content, if any, to use such person's name or likeness in the manner contemplated by BluonLive and these Terms;
  - you have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties;
  - your User Content and Bluon's use thereof as contemplated by these Terms and BluonLive will not violate any law or infringe any rights of any third party, including but not limited to, any Intellectual Property Rights and privacy rights;
  - Bluon may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and
  - to the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
  Bluon takes no responsibility and assumes no liability for any User Content that you or any Buyer or other user or third party posts, sends, or otherwise makes available over BluonLive. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on BluonLive, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Bluon shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
2. Restrictions. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current.
3. Feedback. For the purposes of these Terms, "Feedback" means composite or compiled feedback about users, generated from User Content, including but not limited to, user comments, user ratings, indicators of user satisfaction, and other feedback left by other users. You acknowledge, agree and understand that Feedback does not constitute and will not be construed as an introduction to, or endorsement or recommendation of, any user by Bluon, and that Bluon provides Feedback solely for the convenience of users. You further acknowledge, agree and understand that Bluon will make Feedback available to other users on or through BluonLive, and may make Feedback available on Store Profiles. Bluon provides Feedback as a means through which users can share their opinions of other users publicly, and Bluon does not monitor, contribute to or censor these opinions. You agree not to use the Feedback to make any employment, credit, credit valuation, underwriting, or other similar decision about any other user.
Our Proprietary Rights Except for User Content you create, BluonLive and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other users (the "Bluon Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Bluon and its licensors (including other users who post User Content to BluonLive). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Bluon Content. Use of the Bluon Content for any purpose not expressly permitted by these Terms is strictly prohibited. You may choose to, or we may invite you to, submit comments or ideas about BluonLive, including, without limitation, about how to improve BluonLive ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Bluon under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Bluon does not waive any rights to use similar or related ideas previously known to Bluon, or developed by its employees, or obtained from sources other than you.
Representations and Warranties of Distributor. Distributor represents and warrants that:
1. any materials provided by Distributor through or in connection with BluonLive will not infringe, misappropriate, or otherwise violate any Intellectual Property Rights or other rights of any third party;
2. Distributor is party to no agreements, relationships, or commitments to any other person or entity that conflict with the provisions of these Terms;
3. Distributor will not disclose any information which would conflict with any laws or confidentiality obligations by which Distributor is bound; and
4. Distributor will not enter into any such conflicting agreement, relationship or commitment during the term of these Terms.
Technical Restrictions You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of BluonLive in any medium, including, without limitation, by any automated or non-automated "scraping"; (ii) using any automated system, including, without limitation, "robots," "spiders," "offline readers," etc., to access BluonLive in a manner that sends more request messages to the Bluon servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email or otherwise violating any anti-spam, consumer protection or privacy law, rule or regulation by using another user's email address; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running BluonLive; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through BluonLive; (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (viii) interfering with the proper working of BluonLive; (ix) accessing any content on BluonLive through any technology or means other than those provided or authorized by BluonLive; (x) bypassing the measures we may use to prevent or restrict access to BluonLive, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on the use of BluonLive or the content therein; or (xi) accessing any audiovisual content that may be available on BluonLive in any manner other than that permitted by the functionality of BluonLive.
Privacy. We care about the privacy of our users. You understand that by using BluonLive you acknowledge and understand that your personal information will be collected, used, and disclosed as set forth in our Privacy Policy. You also understand that your personal information will be collected, used, transferred to, and processed in the United States or any other country in which Bluon or its parent, subsidiaries, affiliates, or service providers maintain facilities. As further described in our Privacy Policy, Bluon does not disclose pricing data or customer data that you provide on BluonLive to any third party.
Security. Bluon cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
DMCA Notice Since we respect artist and content owner rights, it is Bluon's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via BluonLive, please notify Bluon's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- an electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- identification of the copyrighted work that you claim has been infringed;
- identification of the material that is claimed to be infringing and where it is located on BluonLive;
- information reasonably sufficient to permit Bluon to contact you, such as your address, telephone number, and, e-mail 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 law; and
- a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice

Bluon, Inc

Address: 18 Bunsen

Irvine, CA 92618

Tel.: 1-855-425-868

Email: [email protected] with the subject line "Copyright Policy - DMCA Notification"
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES. Please note that this procedure is exclusively for notifying Bluon and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Bluon's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, Bluon has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. Bluon may also, at its sole discretion, limit access to BluonLive and/or terminate the Store Accounts of any users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.
Third-Party Links and Information. BluonLive may contain links to third-party materials that are not owned or controlled by Bluon. Bluon does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from BluonLive or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and Bluon's Privacy Policy do not apply to your use of such sites. You expressly relieve Bluon from any and all liability arising from your use of any third-party website, service, or content, including, without limitation, User Content submitted by other users. Additionally, your dealings with or participation in promotions of advertisers found on BluonLive, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Bluon shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Release and Indemnity You hereby agree to release Bluon from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other users) in connection with BluonLive. In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." You agree to defend, indemnify and hold harmless Bluon and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to BluonLive, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including, without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including, without limitation, any right of privacy or Intellectual Property Rights; (iv) your interactions with other users; (v) your violation of any applicable law, rule or regulation; (vi) User Content or any other content that is submitted via your Store Account, including, without limitation, misleading, false, or inaccurate information; (vii) your negligence, recklessness or willful misconduct; or (viii) any other party's access and/or use of BluonLive with your unique username, password or other appropriate security code.
No Warranty BLUONLIVE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF BLUONLIVE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUONLIVE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLUON OR THROUGH BLUONLIVE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, BLUON, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT BLUONLIVE WILL MEET YOUR REQUIREMENTS; THAT BLUONLIVE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT BLUONLIVE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BLUONLIVE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF BLUONLIVE. FURTHER, BLUON DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH BLUONLIVE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND BLUON WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLUON, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, BLUONLIVE. UNDER NO CIRCUMSTANCES WILL BLUON BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF BLUONLIVE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUON ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF BLUONLIVE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM BLUONLIVE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH BLUONLIVE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH BLUONLIVE; AND/OR (VII) USER CONTENT, FEEDBACK, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL BLUON, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BLUON HEREUNDER OR US$50.00, WHICHEVER IS LESSER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BLUON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver
1. Governing Law. You agree that: (i) BluonLive shall be deemed solely based in Delaware; and (ii) BluonLive shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Delaware. These Terms shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) ("FAA") governs the interpretation and enforcement of the Arbitration Agreement in Section 13.2 and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue shall be resolved under and governed by the law of your state of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the arbitration provision in Section 13.2, including any provisional relief required to prevent irreparable harm. You agree that Delaware is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision in Section 13.2 is found to be unenforceable.
2. Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Bluon. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and Bluon that arises out of or relates to, directly or indirectly: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) BluonLive, including access to or use of BluonLive, as well as receipt of any advertising, marketing, or other communications from Bluon; (c) any transactions through, by, or using BluonLive; or (d) any other aspect of your relationship or transactions with Bluon (each, a "Claim," and, collectively, "Claims"). This Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your acceptance of these Terms. If you are a new user, you can reject and opt-out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing Bluon at [email protected] with your full name and stating your intent to opt-out of this Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of these Terms, including the provisions regarding governing law or in which courts any disputes must be brought. For any Claim, you agree to first contact us at [email protected] to attempt to resolve the Claim with us informally. In the unlikely event that Bluon has not been able to resolve a Claim it has with you within sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by the American Arbitration Association ("AAA") before a single arbitrator (the "Arbitrator"), under the Expedited Procedures then in effect for AAA (the "Rules"), except as otherwise provided herein, or as otherwise determined by the Arbitrator. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in Los Angeles County, California, unless you and Bluon agree otherwise. If you are using BluonLive for commercial purposes, each party will be responsible for paying any AAA filing and administrative and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. If you are an individual using BluonLive for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys' fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction, on an individual basis only, without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and Bluon agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable, or relating to any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to contract formation and whether the Terms, or any provision of the Terms, are unconscionable or illusory. Notwithstanding anything to the contrary, nothing in this Arbitration Agreement shall be deemed as preventing Bluon from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of its data security, Intellectual Property Rights or other proprietary rights; or as preventing you from asserting claims in a small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis. If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of this Arbitration Agreement, which shall remain in force, or on the parties' ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
3. Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED BLUONLIVE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS MUTUAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AND BLUON MUTUALLY AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. YOU AND BLUON FURTHER AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BLUON ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.
General
1. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bluon without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
2. Notification Procedures and Changes to these Terms. Bluon may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Bluon in its sole discretion. Bluon reserves the right to determine the form and means of providing notifications to users, provided that you may opt out of certain means of notification as described in these Terms. Bluon is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Bluon may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the 'last modified' date at the top of this page and notify you that material changes have been made to the Terms. Your continued use of BluonLive after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of the terms of these Terms or any future Terms of Service, do not access or use (or continue to access or use) BluonLive.
3. Entire Agreement/Severability.These Terms, together with any amendments and any additional agreements you may enter into with Bluon in connection with BluonLive, shall constitute the entire agreement between you and Bluon concerning BluonLive. Except as otherwise stated in the Arbitration Agreement, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the Class Action/Jury Trial Waiver, the entire Arbitration Agreement shall be unenforceable.
4. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Bluon's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
5. Contact. Please contact us at [email protected] with any questions regarding these Terms.

Privacy policy

We care about the privacy of our BluonLive users. This Privacy Policy applies to you and anyone else who accesses or visits BluonLive on your behalf ("Distributor", "you" or "your"). Bluon developed this Privacy Policy to show you how we collect, use, communicate, disclose, and make use of your personal information and the information you provide about your store and products ("Distributor Information") via BluonLive. We are committed to ensuring the confidentiality of your personal information. Note that Bluon does not disclose pricing data or customer data that you provide on BluonLive to any third party. Bluon may change this Privacy Policy from time to time, at its sole discretion. The following outlines our privacy policy:

Distributor will create a public profile for each physical store location that desires to use BluonLive that will contain the Distributor's name, brands carried by that stores, business information (as applicable), a representative picture or company logo, media clips, email addresses, store location (address, including city and state) and other information Distributor chooses to add ("Store Profile").
It is Distributor's responsibility to ensure that all content comprising each Store Profile is accurate, complete and up to date, and Distributor agrees not to offer or hold any Product on or through BluonLive unless Distributor's Store Profile is accurate, complete and up to date, and Distributor agrees not to offer or hold any Product on or through BluonLive unless Distributor's Store Profile is accurate, complete and up to date.
Bluon has the right (but not the obligation), in its sole discretion, to verify information provided by or about Distributor, including verifying the location and information for each store. If requested, Distributor agrees to diligently assist Bluon in this process.
You acknowledge and agree that Bluon will deliver invoices to you based on the information you provide in response to inbound order requests for Products through the applicable functionality available within BluonLive. Accordingly, you agree that you will provide the requisite information (including price) to inbound requests through BluonLive and further agree that neither you nor any of your personnel will fulfill orders for Products that were initiated on BluonLive off the platform (e.g., without inputting the pricing and availability for the Products through the applicable functionality available within BluonLive).
You are free to opt-out of participating in BluonLive at any time by following the instructions provided;
We will collect and use Distributor Information pursuant to these Terms and for the purposes described herein; and,
We will protect Distributor Information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

This policy applies to information we collect:

On BluonLive;
When you interact with our tech support and applications on third-party websites and services.

It does not apply to information collected by:

Us offline or through any other means, including on any website operated by us or any third party; or
Any third party, including through any application or content (including advertising) that may link to or be accessible from or on BluonLive.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use BluonLive.

2.Children Under the Age of 18

BluonLive is not intended for children under 18 years of age. No one under age 18 may provide any information to or on BluonLive. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on BluonLive. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at [email protected]. California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see "Your California Privacy Rights" for more information.

3.Information We Collect About You and How We Collect It

We collect several types of information from and about Distributors on BluonLive, including information:

By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline ("personal information");
About your internet connection, the equipment you use to access BluonLive, and usage

We collect this information:

Directly from you when you provide it to us;
Automatically as you navigate through BluonLive, such as usage details, IP addresses, and information collected through cookies.

Information You Provide to Us

The information we collect on or through BluonLive may include:

Information that you provide by filling in forms on BluonLive. This includes Store Profile information provided at the time of registering to use BluonLive such as the store name, email addresses of representatives, brands carried by that stores, business information (as applicable), a representative picture or company logo, media clips, store location (address, including city and state) and other information Distributor chooses to add. We may also ask you for information if you report a problem with BluonLive.
Information you provide in response to inbound order requests for Products through the applicable functionality available within BluonLive.
Records and copies of your correspondence (including email addresses and phone calls), if you contact us regarding any issues with BluonLive.
Your responses to surveys that we might ask you to complete for research.
Details of transactions you carry out through BluonLive.
Your search queries on BluonLive.

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of BluonLive or transmitted to other users of BluonLive or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Please be advised that no security measure is perfect or impenetrable. Additionally, we cannot control the actions of other users of BluonLive with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with BluonLive, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your visits to BluonLive, including traffic data, location data, logs, and other communication data and the resources that you access and use on BluonLive; and,
Information about your computer and internet connection, including your IP address, operating system, and browser

We also may use these technologies to collect information about your online activities over time and across third-party mobile apps or other online services (behavioral tracking).

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve BluonLive and to deliver a better and more personalized service, including by enabling us to:

Estimate our audience size and usage
Store information about your preferences, allowing us to customize BluonLive according to your preference.
Speed up your searches.
Recognize you when you return to BluonLive.

We may use technologies to automatically collect data including, but not limited to:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of BluonLive. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to BluonLive.
Flash Cookies. Certain features of BluonLive may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on BluonLive. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons. Pages of BluonLive may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, tracking pixels, advertising pixels, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or and for other related BluonLive statistics (for example, recording the popularity of certain BluonLive content and verifying system and server integrity).

4.Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on BluonLive is served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies to collect information about you when you use BluonLive. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different mobile apps and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

5.How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

To present BluonLive and its contents to users.
To provide you with information, and link Distributors with technicians in order to request certain products or services.
To fulfill any other purpose for which you provide the information.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to BluonLive or any products or services we offer or provide.
To allow you to participate in interactive features on BluonLive.
In any other way we may describe when you provide the information.
For any other purpose with your consent, which includes your prior express written consent.

6.Disclosure of Your Information

Bluon does not disclose pricing data or customer data that you provide on BluonLive to any third party.

We may disclose aggregated information about our users and information that does not identify any individual or company, without restriction. We may disclose personal information that we collect, or you provide as described in this Privacy Policy:

To our subsidiaries and affiliates;
To contractors, service providers, and other third parties we use to support our business and use it only for the purposes for which we disclose it to them;
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Bluon's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information or Distributor Information held by Bluon about BluonLive users is among the assets transferred;
To fulfill the purpose for which you provide it;
For any other purpose disclosed by us when you provide the information; and
With your consent.

We may also disclose Distributor Information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
To enforce or apply our Terms and other agreements, including for billing and collection purposes; and,
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Bluon, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk

7.Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of BluonLive may then be inaccessible or not function
Promotional Offers from the Company. If you do not wish to have your information used by the Company to promote our own or third parties' products or services, you can opt-out via the email feature or by sending an email stating your request to [email protected]. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.
Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by sending us an email stating your request to [email protected].

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's Mobile App Website. California residents may have additional personal information rights and choices. Please see "Your California Privacy Rights" for more information.

8.Accessing and Correcting Your Information

You can review and change your personal information by logging into BluonLive and visiting your account profile page. You may also send us an email at [email protected] to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your Distributor Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you delete your User Contributions from BluonLive, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other BluonLive users.

9.Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our app that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected].

10.Data Security

We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted to BluonLive. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on BluonLive.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of BluonLive, you are responsible for keeping this password confidential. As set forth in more detail in our Distributor Terms of Service, you must register a separate account on BluonLive (each, a "Store Account") for each individual physical store location from which you will distribute Products (each, a "Store Location"). Each Store Account may only be accessed and used by personnel working in the specific Store Location to which such Store Account relates. You may never (i) use or otherwise access another user's Store Account, or (ii) share your password or provide access to your Store Account with any other user that does not work for the specific Store Location to which your Store Account relates, in each case without Bluon's express prior written permission, even if the Store Account is maintained by the same company, organization, or entity. We urge you to be careful about giving out information in public areas of BluonLive. The information you share in public areas may be viewed by any user of BluonLive.

11.Changes to Our Privacy Policy

It is our policy to make you aware of any material changes to how we treat our users' personal information via the preferred contact method that you select. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting BluonLive and this Privacy Policy to check for any changes.