Legal
Terms of Service
These Terms of Service govern access to and use of Blevins-operated services,
accounts, platforms, communications programs, and other offerings that expressly
incorporate these Terms. Use of the public Blevins Holdings website is governed
separately by the Website Terms of Use.
agreement, class-action waiver, warranty disclaimer, and limitation of liability.
A signed agreement, government contract, purchase order, statement of work, or
other controlling written instrument may establish different or additional terms
and will control to the extent stated in that instrument.
1. Scope and Acceptance
These Terms of Service (the “Terms”) form a binding agreement between the
person or entity accepting them (“you” or “Customer”) and the Blevins entity
identified in the applicable service, order, enrollment, account, or transaction
documentation (“Blevins,” “we,” “us,” or “our”).
You accept these Terms when you click to accept them, create or use an account
governed by them, execute or accept an order or other document that incorporates
them, enroll in an applicable service, or access or use a Service after receiving
notice that these Terms apply.
These Terms do not by themselves govern ordinary browsing of the public Blevins
Holdings website. Public website use is governed by the separate
Website Terms of Use.
2. Definitions
“Service” means a Blevins-operated digital platform, account, portal,
communications program, hosted functionality, professional or technical service,
business service, administrative service, or other offering that expressly
incorporates these Terms.
“Customer Content” means information, data, files, messages, materials, or other
content that you or your authorized users submit to or through a Service.
“Documentation” means user guides, service descriptions, technical materials,
policies, instructions, or other documentation Blevins makes available for a
Service.
“Authorized User” means an individual permitted by you and, where required, by
Blevins to access or use a Service on your behalf.
3. Eligibility and Authority
You must be at least 18 years old and legally capable of entering into a binding
agreement. The Services are intended primarily for business, professional,
institutional, and authorized organizational use.
If you accept these Terms for an organization, agency, company, institution, or
other entity, you represent that you have authority to bind that entity. If you
do not have that authority, you may not accept these Terms on its behalf.
You may not use a Service if applicable law, sanctions, debarment, eligibility
requirements, contractual restrictions, security requirements, or other binding
obligations prohibit your use.
4. Order of Precedence and Supplemental Terms
A signed agreement, government contract, task order, purchase order, statement
of work, service order, or other controlling written instrument may supplement
or replace portions of these Terms. If there is a direct conflict, the controlling
written instrument governs to the extent of that conflict.
Additional terms may apply to a particular Service, platform, communications
program, data arrangement, regulated activity, government-supported activity,
or transaction. Supplemental terms become part of these Terms when validly
incorporated or accepted.
Unless a controlling document states otherwise, the general order of precedence
is: (a) executed agreement or amendment; (b) applicable statement of work,
service order, or transaction document; (c) authorized purchase order or task
order; (d) incorporated supplemental terms; and (e) these Terms.
5. Services, Changes, and Availability
Blevins may provide, modify, improve, replace, suspend, or discontinue a Service
or any feature, subject to any commitments in a controlling written agreement.
Service descriptions, features, technical requirements, and availability may
change over time.
Nothing in these Terms guarantees the availability of any future service,
product, platform, capability, contract, procurement opportunity, integration,
feature, or business activity.
Certain Services may require organizational affiliation, account approval,
identity verification, contractual eligibility, security review, payment, or
other authorization before access is granted.
6. Accounts, Credentials, and Access Control
You must provide accurate, current, and complete registration and account
information and keep it updated. You are responsible for activity conducted
through your account and for actions of your Authorized Users, except to the
extent caused by Blevins.
You must protect credentials, authentication devices, tokens, access methods,
and other security information from unauthorized use. You may not share
individual credentials unless expressly permitted by the Service.
Notify Blevins promptly at
security@blevinsholdings.com
if you know or reasonably suspect that an account, credential, or Service has
been compromised or used without authorization.
Blevins may require password changes, multifactor authentication, identity
verification, access reviews, or other controls and may suspend or restrict
access where reasonably necessary to protect systems, information, users,
customers, or legal and contractual obligations.
7. Acceptable Use and Restrictions
You may use a Service only for lawful and authorized purposes. You may not:
- violate applicable law, regulation, contract, court order, or governmental requirement;
- misrepresent identity, authority, affiliation, eligibility, certification, clearance, or contracting status;
- access or attempt to access accounts, systems, information, networks, or functions without authorization;
- interfere with the security, integrity, performance, or availability of a Service;
- introduce malicious code, harmful files, unauthorized scripts, or disruptive content;
- scrape, crawl, index, harvest, copy, or extract data through automated means except as expressly permitted;
- reverse engineer, decompile, disassemble, or attempt to derive source code except where applicable law expressly permits it;
- use a Service to develop, train, benchmark, or improve a competing product or service without written permission;
- upload, transmit, or request information that you lack the right or authorization to use; or
- use a Service for unlawful, deceptive, fraudulent, harmful, restricted, or unauthorized activity.
Blevins may investigate suspected misuse and may preserve information or report
activity where reasonably necessary to protect rights, systems, users, or comply
with legal obligations.
8. Customer Content and Feedback
As between you and Blevins, you retain ownership of Customer Content. You grant
Blevins and its service providers a non-exclusive, worldwide, royalty-free
license to host, store, reproduce, transmit, display, process, modify, and use
Customer Content only as reasonably necessary to provide, secure, support,
administer, and improve the applicable Service or comply with law.
You represent that you have all rights, permissions, and lawful authority needed
to submit Customer Content and permit its processing under these Terms.
If you provide ideas, recommendations, suggestions, or feedback, Blevins may use
them without restriction or obligation, provided that Blevins does not publicly
identify you as the source without permission.
9. Blevins Intellectual Property and Data Rights
The Services, Documentation, software, interfaces, designs, workflows, features,
trademarks, logos, content, and other Blevins materials are owned by Blevins or
its licensors and are protected by applicable intellectual-property laws.
Subject to these Terms and any applicable order or agreement, Blevins grants you
a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to
access and use the applicable Service during the authorized term and solely for
its intended purpose.
No rights are granted by implication, estoppel, or otherwise. Government-contract
data rights, technical-data rights, invention rights, software rights, and
deliverable rights are governed by the applicable contract and incorporated clauses.
10. Confidentiality and Restricted Information
Confidentiality obligations are governed by the applicable agreement, service
terms, nondisclosure agreement, and law. You must protect Blevins confidential
information using at least reasonable care and may use it only for authorized
purposes.
Do not submit classified information, controlled technical data, export-controlled
information, controlled unclassified information, protected health information,
regulated personal information, or other specially restricted material unless
Blevins has expressly authorized the Service and transmission method for that
information.
channels are not approved for specially restricted information unless Blevins
expressly states otherwise.
11. Privacy and Data Processing
Blevins processes personal information in accordance with the applicable
Privacy Policy, service-specific privacy notice,
data-processing agreement, contract, and law.
Depending on the Service, Blevins may process account data, contact information,
authentication records, usage information, communications, technical logs,
security events, support records, and Customer Content to provide and secure the
Service, administer the relationship, comply with obligations, and protect rights.
If you submit personal information relating to another person, you represent that
you are authorized to do so and have provided any notices or obtained any consents
required by law.
12. Fees, Billing, Taxes, and Payment
Fees, pricing, billing, invoicing, payment terms, credits, expenses, taxes, and
renewal terms are governed by the applicable order, agreement, purchase order,
statement of work, invoice, or service-specific terms.
You must provide complete and accurate billing information and pay undisputed
amounts when due. Blevins may suspend a paid Service for material nonpayment after
any notice or cure period required by the controlling agreement or applicable law.
Each party is responsible for taxes imposed on it by law. You are responsible for
transaction taxes associated with your purchase or use of a Service, excluding
taxes based on Blevins net income, unless a valid exemption applies.
13. Third-Party Services and Links
A Service may interoperate with or link to third-party services, websites,
platforms, software, payment processors, identity providers, government systems,
or other resources. Third-party services are governed by their own terms and
policies.
Blevins is not responsible for third-party content, security, privacy practices,
availability, functionality, or performance, except to the extent expressly
stated in a controlling written agreement.
14. Suspension and Termination
Blevins may suspend, restrict, or terminate access where reasonably necessary to
protect security, prevent unauthorized activity, comply with law, preserve
contractual obligations, address material breach or nonpayment, reduce material
risk, or protect Blevins, customers, users, personnel, or third parties.
Upon termination, your right to use the affected Service ends. You must cease use
and, where required, return or delete Blevins materials and confidential information.
Data return, export, retention, and deletion are governed by the applicable Service,
agreement, Documentation, and law.
Provisions that by their nature should survive will survive, including provisions
concerning payment, confidentiality, intellectual property, privacy, security,
disclaimers, indemnification, liability, dispute resolution, and general terms.
15. Disclaimer of Warranties
Except as expressly stated in a controlling written agreement, the Services are
provided “as is” and “as available,” without warranties of any kind, whether
express, implied, statutory, or otherwise, including implied warranties of
merchantability, fitness for a particular purpose, title, and non-infringement.
Blevins does not warrant that a Service will be uninterrupted, error-free,
completely secure, compatible with every system, or free from harmful components.
Some jurisdictions do not permit certain warranty exclusions, so portions of this
section may not apply.
16. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless
Blevins, its affiliates, and their officers, directors, employees, contractors,
and agents from third-party claims, damages, losses, liabilities, costs, and
reasonable attorneys’ fees arising from: (a) Customer Content; (b) your misuse of
a Service; (c) your violation of these Terms or law; or (d) your infringement or
violation of another party’s rights.
This section does not apply to a government entity to the extent applicable law
prohibits the obligation, and it does not supersede indemnification provisions in
a controlling written agreement.
17. Limitation of Liability
To the maximum extent permitted by law, neither Blevins nor its affiliates,
licensors, service providers, officers, directors, employees, contractors, or
agents will be liable for indirect, incidental, special, consequential, exemplary,
or punitive damages, or for loss of profits, revenue, data, goodwill, business
opportunity, or operational continuity, arising from or related to a Service.
Except for liability that cannot lawfully be limited and except as otherwise stated
in a controlling written agreement, Blevins total aggregate liability arising from
or related to a Service will not exceed the greater of: (a) amounts you paid to
Blevins for the affected Service during the 12 months preceding the event giving
rise to the claim; or (b) one hundred U.S. dollars ($100).
The limitations in this section apply regardless of the theory of liability and
even if a remedy fails of its essential purpose. They do not limit obligations
under a separate government contract or other controlling agreement except as
that agreement provides.
18. Governing Law
Except where a controlling written agreement provides otherwise, these Terms are
governed by the laws of the State of California, without regard to conflict-of-law
principles. The Federal Arbitration Act governs the interpretation and enforcement
of the arbitration agreement below.
Government contracts, procurement disputes, bid protests, contract-disputes
procedures, and agency-specific matters may be subject to separate statutory,
regulatory, contractual, or forum-specific rules that control over this section.
19. Arbitration Agreement and Class-Action Waiver
Please read this section carefully. Except for the exclusions below, disputes will
be resolved through binding individual arbitration rather than in court, and the
parties waive the right to a jury trial and to participate in a class, collective,
consolidated, mass, or representative action.
Any dispute, claim, or controversy arising out of or relating to these Terms or a
Service will be resolved by binding arbitration administered by JAMS under its
Comprehensive Arbitration Rules and Procedures then in effect, before one neutral
arbitrator. The arbitration will be seated in San Diego County, California, unless
the parties agree otherwise or applicable law requires a different location.
The arbitrator may award any remedy available in an individual action under
applicable law, but may not consolidate claims or preside over a class,
representative, collective, or mass proceeding without the written agreement of
all parties.
Exceptions
Either party may bring an individual claim in small-claims court if eligible and
may seek temporary or equitable relief in court to protect intellectual property,
confidential information, systems, or security. This arbitration agreement does
not apply to the United States Government or its agencies, or to disputes governed
by mandatory federal procurement or contract-dispute procedures.
Thirty-Day Opt-Out
You may opt out of this arbitration agreement by sending written notice to
legal@blevinsholdings.com
within 30 days after first accepting these Terms. The notice must identify you,
the organization you represent, the applicable Service, and your decision to opt
out. Opting out does not affect any other provision of these Terms.
20. General Provisions
- Entire agreement. These Terms and validly incorporated documents are the entire agreement regarding their subject matter, except for any controlling written agreement.
- Assignment. You may not assign these Terms without Blevins prior written consent. Blevins may assign them to an affiliate or in connection with a merger, acquisition, reorganization, financing, or transfer of relevant assets or business.
- Relationship. These Terms do not create a partnership, joint venture, fiduciary, franchise, agency, or employment relationship.
- No third-party beneficiaries. These Terms do not create enforceable rights in third parties except where expressly stated.
- Force majeure. Neither party is responsible for delay or failure caused by circumstances beyond its reasonable control, subject to any controlling agreement.
- Severability. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain effective.
- Waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
- Electronic communications. You consent to receive service-related notices electronically, except where law or a controlling agreement requires another method.
- Formal notices. Formal legal notices must be delivered as required by the controlling agreement. General support messages do not constitute formal legal notice unless expressly acknowledged for that purpose.
21. Changes to These Terms
Blevins may update these Terms from time to time. The “Last Updated” date identifies
the current published version. Material changes will be communicated through an
appropriate method, such as email, account notice, service notice, or prominent
online notice, where required.
Publication of revised Terms does not by itself amend a separately executed
agreement where that agreement requires a different amendment process. Continued
use after revised Terms become effective constitutes acceptance only where that
method of acceptance is permitted by the applicable relationship and law.
22. Related Terms and Contact
Additional terms and notices may apply depending on the Service and relationship.
Website Terms of Use
Terms governing use of public Blevins websites.
Master Terms
Commercial baseline terms when expressly incorporated.
Messaging Terms
Terms for applicable SMS, MMS, and messaging programs.
Copyright & DMCA
Copyright ownership and infringement-reporting information.
Privacy Policy
Information about Blevins privacy practices.
Legal Center
Directory of Blevins legal terms and resources.
Questions about these Terms?
Contact legal@blevinsholdings.com.
General communications do not constitute formal legal notice unless expressly
accepted for that purpose.