“Account” means Customer’s account credentials and correlating access to the Services under this Agreement.
“Additional Products” means products and services that are not part of the Services but that may be accessible, via the Admin Tools or otherwise, for use with the Services.
"Admin Account(s)" means the administrative account(s) provided to Customer by Company for the purpose of administering the Services.
"Admin Tools" means the online tool provided by Company to Customer for use in certain administration functions.
"Administrators" mean the Customer-designated personnel who administer the Services on Customer's behalf.
"Ads" means online advertisements displayed by Company to Customer and Authorized Users.
"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party.
"Authorized User Account" means a Company-hosted account established by Customer through the Services for an Authorized User.
"Brand Features" means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time.
"Confidential Information" means information disclosed by a party to the other party under this Agreement that is marked as confidential or would normally be considered confidential under the circumstances.
"Customer Data" means data provided, generated, transmitted or displayed via the Services by Customer or Authorized Users.
"Emergency Security Issue" means either: (a) Customer's use of the Services in violation of the Acceptable Use Policy, which could disrupt: (i) the Services; (ii) other customers' use of the Services; or (iii) the Company network or servers used to provide the Services; or (b) unauthorized third party access to the Services.
"Export Control Laws" means all applicable export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State.
“Fees” means the amounts invoiced to Customer by Company for the Services as set forth in the Order Form(s).
"FERPA" means the Family Educational Rights and Privacy Act (20 U.S.C. 1232g) and the Family Educational Rights and Privacy Act Regulations (34 CFR Part 99), as amended or otherwise modified from time to time.
means the Company help center accessible at firstname.lastname@example.org
, or such URL as Company may provide.
"HIPAA" means the Health Insurance Portability and Accountability Act of 1996, as may be amended from time to time, and any regulations issued thereunder.
"Intellectual Property Rights" means current and future worldwide rights under patent law, copyright law, trade secret law, trademark law, moral rights law, and other similar rights, as well as any and all applications, renewals, extensions, restorations and reinstatements thereof.
"Initial Services Term" means the term commencing on the date an Order Form is effective (except as otherwise specified in such Order Form) and continuing for the period of time set forth on such Order Form for the applicable Services.
"Notification Email Address" means the email address designated by Customer to receive email notifications from Company. Customer may change this email address through the Admin Tools.
"Order Form" means the online order page(s) or the written ordering document agreed to by Customer and Company and into which this Agreement has been incorporated by references as provided therein. Each Order Form will specify the: (i) the Services being ordered, which may include applicable billing and renewal terms; (ii) Fees (if applicable); (iii) number of, and Initial Services Term for, any units of Service Customer will purchase from Company; and (iv) the applicable form of payment.
"Purchase Order" means a Customer issued purchase order.
“Renewal Term” means the term of any renewal hereunder.
"Services" means the applicable features, products and services provided by Company and ordered by Customer under this Agreement.
"Services Term" means the Initial Services Term and all Renewal Terms for the applicable Services.
"Suspend” means the immediate disabling of access to the Services, or components of the Services, as applicable, to prevent further use of the Services.
"Taxes" means any duties, customs fees, or taxes (other than taxes based on Company's net income) associated with the sale of the Services, including any related penalties or interest.
"Term" means the term of this Agreement, which will begin on the Effective Date and continue until the earlier of: (i) the end of the last Services Term, or (ii) the Agreement is terminated as set forth herein.
"Third Party Request" means a request from a third party for records relating to an Authorized User's use of the Services. Third Party Requests can be a lawful search warrant, court order, subpoena, other valid legal order, or written consent from the Authorized User permitting the disclosure.
“Terms of Service”
or “User Terms”
means the terms accessible at mybluecard.org/legal/terms
, or such other URL as Company may provide.