Effective as of 6.1.2023
“Access” has the meaning set forth in Section 10.c.
“Blackhawk Content” means information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, pending or issued patents, trade dress or other intellectual or proprietary rights owned, controlled, or licensed by Blackhawk.
“Blackhawk Marks” mean trademarks, service marks, trade names, and logos of Blackhawk.
“Blackhawk Merchants” mean merchants offering products or services through a Blackhawk Site.
“Blackhawk Products” mean products or services you may purchase, order, or obtain from a Blackhawk Site.
“Blackhawk Site” or “Site” has the meaning set forth in the preamble.
“Chat” and “Chatbot” have the meanings set forth in Section 9.c.
“Claim” means an action, allegation, cause of action, cease and desist letter, charge, citation, claim, demand, directive, lawsuit or other litigation or proceeding, or notice.
“Confidential Information” means Blackhawk’s marketing philosophies and objectives, financial and pricing information, client lists, cardholder data, card numbers, card balances, cardholder transactions, business processes, competitive advantages and disadvantages, vendors, and any other information a reasonable person would determine to be sensitive, proprietary or confidential. Confidential Information does not include information that is publicly known through no fault of yours or that has been independently developed without access to or use of Blackhawk’s Confidential Information.
“Damages” means assessments, fines, bona fide settlements, costs, damages (including consequential, indirect, special, incidental or punitive damages), expenses (including without limitation reasonable attorneys’ fees, expenses and costs), judgments, liabilities, losses, or penalties, incurred in connection with a Claim.
“Electronic Communication” means any communication by telephone, text message, wire, facsimile, computer (including, but not limited to, e-mail) or other method of telecommunication or electronic transmission.
“Feedback” means any and all suggestions, comments, and feedback that you submit to Blackhawk, whether by letter, email, telephone, or at or via a Blackhawk Site in connection with the Site or any Blackhawk Products.
“Inappropriate Content” has the meaning described in Section 7.b.
“Linked Site” means either or both of: (i) a website controlled or offered by a third party that allows users to access a Blackhawk Site or (ii) a website controlled or offered by a third party that may be accessed from a Blackhawk Site.
“Product‑Specific Terms” mean additional terms and conditions that apply to a specific Blackhawk Product.
“Service” has the meaning set forth in the preamble.
“Submitted Data” means any data you transmit to a Blackhawk Site, whether such data consists of text, pictures, art work, audio, video, or multimedia.
2. Product-Specific Terms
Some Blackhawk Products have Product-Specific Terms. If you purchase or use those Blackhawk Products, you agree to any such Product-Specific Terms in addition to these Terms. All Product-Specific Terms are incorporated by reference into the Terms. If there is a conflict between these Terms and any Product‑Specific Terms, the Product‑Specific Terms will control.
3. Blackhawk Products
Some Blackhawk Sites allow you to select and purchase or order Blackhawk Products. Some Blackhawk Products can be customized with text, pictures, and/or graphics. When you have completed your order (including any required payment), Blackhawk will produce the Blackhawk Products you select and send them to the recipients you direct. The price for each Blackhawk Product will be stated in US Dollars and is incorporated into these Terms by reference. Please note that prices and fees may change from time to time. The price you will pay is the price indicated on the Site when you place your order. Please place and complete orders carefully. Purchases of Blackhawk Products are non-returnable and non-refundable. If you have any questions or problems with your order or if you have not received your order within the expected time frame, please contact us immediately at (469) 312-0084. Please include your order number in all communications for prompt service.
4. Mobile Applications
a. Blackhawk may make a mobile application available to access the Site via a mobile device. To use the mobile application, you must have a mobile device compatible with the mobile service. Blackhawk does not warrant that the mobile application will be compatible with your mobile device. Blackhawk grants you a non‑exclusive, non-transferable, revocable license to use an object code copy of the mobile application for one registered account on one mobile device owned or leased solely by you, for your personal use. You agree not to: (i) modify, disassemble, decompile or reverse engineer the mobile application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the mobile application to any third-party or use the mobile application to provide time sharing or similar services for any third-party; (iii) make any copies of the mobile application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the mobile application, features that prevent or restrict use or copying of any content accessible through the mobile application, or features that enforce limitations on use of the mobile application; or (v) delete the copyright and other proprietary rights notices on the mobile application. You acknowledge that Blackhawk may from time to time issue upgraded versions of the mobile application and may automatically electronically upgrade the version of the mobile application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that these Terms will apply to all such upgrades. Our grant of a license under this Section 4.a is not a sale of the mobile application or any copy thereof. We and our third-party licensors or suppliers retain all right, title, and interest in and to the mobile application (and any copy of the mobile application). Standard carrier data charges may apply to your use of the mobile application.
b. The following additional terms and conditions apply with respect to any mobile application that Blackhawk provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
i. You acknowledge that these Terms are between you and Blackhawk only, and not with Apple, Inc. (“Apple”).
ii. Your use of Blackhawk’s iOS App must comply with Apple’s then-current App Store Terms of Service.
iii. Blackhawk, and not Apple, is solely responsible for our iOS App and the Blackhawk Product and Blackhawk Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
iv. You agree that Blackhawk, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
v. You agree that Blackhawk, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
vi. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
vii. You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
viii. The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of Blackhawk’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
c. The following additional terms and conditions apply with respect to any mobile application that Blackhawk provides to you designed for use on an Android-powered mobile device (an “Android App”):
i. You acknowledge that these Terms are between you and Blackhawk only, and not with Google, Inc. (“Google”).
ii. Your use of Blackhawk’s Android App must comply with Google’s then-current Android Market Terms of Service.
iii. Google is only a provider of the Android Market where you obtained the Android App. Blackhawk, and not Google, is solely responsible for Blackhawk’s Android App and the Blackhawk Product and Blackhawk Content available thereon. Google has no obligation or liability to you with respect to Blackhawk’s Android App or these Terms.
iv. You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Blackhawk’s Android App.
d. The following additional terms and conditions apply with respect to any mobile application that Blackhawk provides to you designed for use on an Android-powered mobile device and obtained from the Amazon App Store (an “Amazon Android App”):
i. You acknowledge that these Terms are between you and Blackhawk only, and not with Amazon.com, Inc. (“Amazon”).
ii. Information that Blackhawk collects from you or your device are subject to these Terms and the applicable privacy-related policies and notices of Blackhawk, and will not be subject to the Amazon.com Privacy Notice.
5. Use of Site
a. Proprietary Rights. Blackhawk Sites contain Blackhawk Content. You acknowledge and agree that the rights to Blackhawk Content belong to their respective owners and are protected in all forms, media and technologies existing now or later developed. You agree not to use, reproduce, or display: (i) any Blackhawk Marks without Blackhawk’s written permission and (ii) any Blackhawk Content in any manner without the owner’s written permission.
b. No Framing. You agree not to “frame” or “mirror” any Blackhawk Content contained on or accessible from a Blackhawk Site on any other server or Internet-based device without the advance written authorization of Blackhawk or its licensors or licensees, respectively.
c. Use of Sites and Content. Blackhawk grants you permission to (i) access and view each of its Sites and (ii) submit orders for Blackhawk Products. Any other use of a Blackhawk Site or Blackhawk Content, in whole or in part, without permission of the applicable rights holder, is strictly prohibited, including without limitation: copying, displaying, distributing, uploading, posting, transmitting, republishing, publicly performing, proxy catching, linking to, licensing, altering, modifying, deleting, creating derivative works of, reverse engineering, or other similar unauthorized exploitation of a Site or its Blackhawk Content. Your use of a Blackhawk Site is subject to applicable local, state, federal and international law. Your use of a Blackhawk Site or any Blackhawk Content in violation of these Terms could subject you to criminal prosecution and/or personal liability for damages.
d. You agree not to use a Site or any Blackhawk Content for any illegal or harmful purpose. By way of example only, and not as a limitation, you specifically agree not to: (i) upload, post, e-mail, or otherwise transmit any material that is unlawful, indecent, pornographic, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including falsely stating or otherwise misrepresenting your affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through a Site; (v) upload, post, e-mail or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other proprietary rights of any party; (vii) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) interfere with or disrupt any Site or servers or networks connected to any Site, or disobey any requirements, procedures, policies or regulations of networks connected to any Site; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law.
6. Linked Sites
YOU AGREE THAT WE ARE NOT, UNDER ANY CIRCUMSTANCE, LIABLE, DIRECTLY OR INDIRECTLY, FOR THE PRODUCTS, INFORMATION, CONTENT AND/OR SERVICES OFFERED ON LINKED SITES. WE ARE NOT RESPONSIBLE FOR AND DO NOT OFFER ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, RELIABILITY OR ANY OTHER ASPECTS OF PRODUCTS OR SERVICES FROM LINKED SITES. YOU RELEASE US FROM ANY DAMAGES OR LOSS THAT YOU MAY INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST US, ARISING OUT OF YOUR USE OF OR RELIANCE ON PRODUCTS, CONTENT OR SERVICES FROM LINKED SITES.
7. Submitted Data
a. Copyright Policy, Representation. You are wholly responsible for any Submitted Data. It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner or to use trademarks without the permission of the trademark owner. You are responsible for assuring that: (i) no Submitted Data violates any copyright, trademark or other intellectual property or proprietary right and (ii) all Submitted Data complies with these Terms. Before transmitting Submitted Data to a Site, you should ensure that either: (i) such Submitted Data is in the public domain and therefore not subject to copyright protection or (ii) you have the consent of the copyright or trademark owner to use the material. By uploading Submitted Data to a Site and/or by submitting Submitted Data for integration into any Blackhawk Product for processing, sharing, storage or fulfillment: (i) you grant us a limited, royalty free and non-exclusive license to use, adapt, transmit, transfer, store, copy and display the Submitted Data solely in connection with our providing products and/or services to you; and (ii) you represent and warrant to us either that: (X) the Submitted Data are in the public domain; (Y) you have all right, title and interest in and to all copyrights and trademarks in the Submitted Data; or (Z) you have the express permission from the rights holder to copy and use, and to grant the rights granted herein with respect to, such Submitted Data for all purposes related to the products you order through the Site. You further represent that the Submitted Data do not violate or infringe upon the proprietary rights (including privacy, moral or publicity rights) of others.
b. Submitted Data Content Policy and Acknowledgement; Compliance with Law. You may not upload to a Site any material, whether text, images, or otherwise, that: (a) infringes any copyright, trademark, right of privacy, right of publicity, or any other right of a third party, including without limitation, images of celebrities, actors, musicians, sports figures, politicians, cartoon characters or public figures of any kind; (b) is unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or offensive to the community or to any reasonable segment thereof; (c) violates the applicable rules or guidelines of a third party (e.g., a card association); or (d) includes phone numbers, addresses, account numbers, personalized identification numbers or URL addresses (collectively, “Inappropriate Content”).
The content of the Submitted Data you submit is governed by applicable laws (including laws prohibiting infringement of copyrights and trademarks, obscenity, pornography, child pornography, or child abuse) and card association rules. We have no obligation to monitor the Submitted Data. However, we (and our licensees, suppliers, fulfillers, Linked Sites, and Blackhawk Merchants) reserve the right at all times to review the Submitted Data, to disclose the Submitted Data as necessary to: (i) satisfy any laws, regulations or government requests and to report any potential violations of law to law enforcement authorities; (ii) refuse to post or transmit the Submitted Data; (iii) remove the Submitted Data; and (iv) refuse to perform any orders for processing or fulfillment for Submitted Data that are, in our sole judgment and discretion (or in the sole judgment and discretion of any of the entities described above), objectionable or in violation of these Terms. If you submit Submitted Data to a Site for inclusion on a Blackhawk Product and a Blackhawk Merchant issuing or redeeming the Blackhawk Product believes it includes Inappropriate Content, the Blackhawk Merchant may reserve the right to refuse to honor the Blackhawk Product.
c. Blackhawk’s Right to Reject Submitted Data. Blackhawk reserves the right to determine, at its sole discretion, whether Submitted Data will be accepted for incorporation into Blackhawk Products.
d. License. Subject to applicable law and the provisions of Section 11.a below (“Privacy and Data Collection”), you grant Blackhawk a license to use Submitted Data you post or transmit to a Blackhawk Site in connection with Blackhawk’s operation of its business. This license includes, without limitation, a right to copy, distribute, transmit, reproduce, edit, translate, and reformat Submitted Data. You will not be compensated for any Submitted Data.
8. Intellectual Property Infringement
a. Blackhawk respects the intellectual property rights of others, and we ask you to do the same. In appropriate circumstances and at our discretion, Blackhawk may terminate service and/or access to a Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on a Site, please provide Blackhawk’s designated agent the following information:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ii. Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Blackhawk to locate the material.
iv. Information reasonably sufficient to permit Blackhawk to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
v. 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 and/or trademark owner, its agent, or the law.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Blackhawk’s agent for notice of claims of copyright or trademark infringement on the Site can be reached as follows:
Attn: James Mcdonald, DMCA Agent
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
b. Submitting a DMCA Counter-Notification. We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Blackhawk designated agent that includes all of the following information:
i. Your physical or electronic signature;
ii. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
iii. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
iv. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Blackhawk may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
c. Termination of Repeat Infringers. Blackhawk reserves the right, in its sole discretion, to terminate the account or access of any user of a Site and/or Blackhawk Product who is the subject of repeated DMCA or other infringement notifications.
9. Accounts; Registration Information; Feedback; Chat
a. Accounts. Some Blackhawk Sites may allow or require you to register for an account. Accounts help us tailor our services for your personal and business financial needs and to alert you of other products and services for you or your business. In registering at a Site, you agree to provide accurate, true, current, and complete information about you and your business as requested by the registration screens. As a convenience to you, we may create a profile for you or your business based on the registration information that you provide.
You agree that Blackhawk or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of a Site or Services.
b. Feedback. You agree that all Feedback is, and will be treated as, non-confidential and non-proprietary, except as otherwise specifically agreed or required by law. Except as prohibited by applicable law, you assign all right, title, and interest in, and Blackhawk is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, for any purposes whatsoever and without any restriction of any kind. Where this assignment is prohibited by law, you grant Blackhawk an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Such Feedback may include ideas for new or improved products or services, concepts, know-how, techniques, and the like. You understand and agree that Blackhawk is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
c. Chat. Blackhawk may make an interactive online chat (“Chat”) service available to you, including, but not limited to, when providing customer service. Blackhawk makes no warranty that the Chat service will be available at any particular time or be free of fault or error. If you are under 18 years of age and are invited to use the Chat service, you must not use the Chat service and you must leave the Site. During your use of the Chat service, you may interact with a bot, chatbot, virtual assistant, virtual concierge, or other non‑human (each, a “Chatbot”). We will disclose the use of the Chatbot to the extent required by applicable law. When engaging with us through use of the Chat service, be advised that chats may be monitored and retained. The Chat service is provided as a convenience. Participating in the Chat service does not constitute consent by you or us to use electronic records and signatures as a substitute for written documents. Any personal information shared with us when using the Chat service shall be subject to the applicable privacy-related policies and notices described below. You agree that you will not use the Chat service to send any abusive, defamatory, dishonest, or obscene message; doing so may result in termination of the Chat service session.
10. Limitation and Disclaimer of Warranties; Limitation of Liability
a. Our Obligations in Case of Damage or Loss. You agree that in the event of any damage to or loss of a Blackhawk Product by us (or by our licensees, suppliers, fulfillers, owners and operators of Linked Sites, and Blackhawk Merchants), even through negligence or other fault, our sole obligation (and the sole obligation of our licensees, suppliers, fulfillers, owners, and operators of Linked Sites and Blackhawk Merchants), and your sole remedy, is at our option, to either: (i) replace the lost or damaged Blackhawk Product(s) or (ii) provide you with a refund or credit for the cost of the purchase price for the lost or damaged Blackhawk Product(s). You must submit a claim within thirty (30) days from your date of purchase in order to be eligible to receive a replacement, refund, or credit.
b. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLACKHAWK FOR ITSELF AND ITS LICENSORS, LICENSEES, SUPPLIERS, FULFILLERS, OWNERS AND OPERATORS OF LINKED SITES, AND BLACKHAWK MERCHANTS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITES, THE BLACKHAWK PRODUCTS, OR ANY BLACKHAWK CONTENT AND ALL WARRANTIES (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY AND NON-INFRINGEMENT) ARE EXPRESSLY DISCLAIMED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SITES, CONTENT, AND THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER BLACKHAWK NOR ANY OF ITS AFFILIATED COMPANIES, NOR ANY OF THEIR LICENSEES, SUPPLIERS, FULFILLERS, OWNERS AND OPERATORS OF LINKED SITES OR BLACKHAWK MERCHANTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, SUITABILITY, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY, ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITES, OR AVAILABILITY OF ANY SITES. THE FOREGOING DISCLAIMER INCLUDES, WITHOUT LIMITATION, A DISCLAIMER OF ANY WARRANTY OR REPRESENTATION THAT THE SITES WILL BE UNINTERRUPTED, RELIABLE, SECURE OR ERROR FREE, OR THAT THE SITES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITES WILL OTHERWISE MEET YOUR EXPECTATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE (OR OUR LICENSEES, SUPPLIERS, FULFILLERS, OWNERS AND OPERATORS OF LINKED SITES OR BLACKHAWK MERCHANTS) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, INABILITY TO USE, ANY SITE, ANY CONTENT, OR ANY PRODUCTS OR SERVICES OFFERED THROUGH A SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, EXTRAORDINARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, DATA OR OTHER INTANGIBLES OR ECONOMIC ADVANTAGE), HOWEVER ARISING, EVEN IF WE, OR OUR LICENSEES, SUPPLIERS, FULFILLERS, OWNERS AND OPERATORS OF LINKED SITES OR BLACKHAWK MERCHANTS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY LOSS OR DAMAGE ARISING OUT OF THE CUSTOMIZATION, PROCESSING, STORAGE OR FULFILLMENT OF ANY MATERIAL, BLACKHAWK PRODUCT, OR SUBMITTED DATA, THE INABILITY TO USE A SITE, ANY CHANGES TO A SITE (OR ITS PRODUCTS AND/OR SERVICES), OR THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
In addition, if you violate these Terms and intentionally publicize such violation, you acknowledge that Blackhawk and its affiliated companies may suffer substantial damage to their reputation and goodwill and that you can be liable for causing such substantial damage. Furthermore, you agree not to use the services offered through the Site, including ordering any Blackhawk Products, in any manner that would cause damage to the public reputation of Blackhawk, its affiliated companies, and their employees, shareholders, board members, Blackhawk Merchants, or third parties for which Blackhawk provides services. If you use or publicly display any products ordered through the Site, including by display on the Internet, in order to intentionally bring harm to Blackhawk or any of its affiliated companies or their employees, or shareholders, or board members, or to owners or operators of Linked Sites or Blackhawk Merchants, then, to the maximum extent permitted by applicable law, Blackhawk reserves the right to demand the immediate return of the Blackhawk Product(s) ordered from a Site, to invalidate, without refund, the value of any such Blackhawk Products, and to pursue any and all further remedies available to Blackhawk and its affiliated companies under the law.
c. Termination of Access. We may, in our sole discretion, terminate or suspend your entry to and/or use of, any or all Blackhawk Sites, Services, Blackhawk Products, and/or any accounts you may have (collectively, your “Access”), at any time, with or without notice and for any reason (or no reason). You agree that if we terminate your Access, you will not: attempt, directly or indirectly, to enter, use and/or access the Site, Services, Blackhawk Products or your account until such suspension is lifted. We also reserve the right to cancel accounts that have been inactive for six months. For the avoidance of doubt, we may cancel your User ID or password without notice, and if we request that you cease to use your User ID, you must do so immediately. If we terminate your Access, we will have no obligation to return your Submitted Data. The disclaimers and limitations of liabilities set forth in these Terms shall survive any such termination. Your sole recourse and remedy if Blackhawk terminates your Access is to receive a refund for any products paid for but not processed or fulfilled by Blackhawk, if any.
11. Privacy and Security
a. Privacy and Data Collection. Your use of a Blackhawk Site is subject to the applicable privacy-related policies and notices of Blackhawk set forth on the Site, potentially including but not limited to the Blackhawk Network Privacy Notice and the Blackhawk Network Short-Form Privacy Notice. To the extent permitted by applicable law, by accessing or using a Blackhawk Site, you understand and agree that Blackhawk may collect and retain personal or other information about you or the device you use to access the Site. By using a Blackhawk Site, you consent to Blackhawk’s use of analytics and monitoring tools to collect user interaction with our products. These interactions are collected using cookies and technical log files. We use the data for purposes that include interaction monitoring and visual replay for fraud, customer service, product improvement, and other purposes allowed by law.
b. Security. You agree not to violate or attempt to violate the security of any Blackhawk Site, including without limitation: (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) attempting to probe, scan, or test the vulnerability of any system or network related in any way to a Site without proper authorization; (d) attempting to breach security or authentication measures without proper authorization; (e) interfering or attempting to interfere with service to any user, host, or network, including without limitation, by sending unsolicited e-mail, flooding, spamming, mail bombing, overloading, or crashing; (f) sending promotions and/or advertising products and/or services; (g) introducing any virus, worm, Trojan horse, or other material that may harm or disrupt Blackhawk’s systems or services; or (h) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Blackhawk in providing the Blackhawk Site, Services, or Blackhawk Products.
c. Account Information. If you have an account on a Site, you understand that your account information on the Sites is controlled by you, through the User ID and password you selected. You are responsible for protecting the confidentiality of your User ID and password and for restricting access to your computer. Blackhawk is entitled to rely on the fact that any Submitted Data, orders for Blackhawk Products, or other information sent to any Site under your User ID and password for that Site were sent by you. You agree to accept responsibility for all activities that occur under your User ID and password. If your User ID or password is lost, stolen, or becomes known to an unauthorized person, or if you believe that someone has accessed your account without authorization, you agree to notify Blackhawk immediately by calling (469) 312-0084.
12. Governing Law; Jurisdiction and Venue
a. Applicable Law. Since Blackhawk Sites can be accessed from anywhere in the United States, as well as from other countries around the world, and each of these places has laws that may differ from those of California, by accessing a Site both you and Blackhawk agree that the statutes and laws of the state of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of such Site and its Blackhawk Content. Blackhawk makes no representation that the Sites or Blackhawk Content are appropriate or will be available for use in other locations. If you use a Site from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Site and Blackhawk Content and any third-party content. Unless otherwise explicitly stated, all marketing or promotional materials found on a Site are solely directed to individuals, companies or other entities located in the United States.
b. Jurisdiction and Venue. You and Blackhawk further agree to submit to the exclusive personal jurisdiction and venue of the United States District Court for the Northern District of California (or, if such court lacks jurisdiction, then the Alameda County Superior Court) with respect to any matters relating to the services, the use of a Site and its Blackhawk Content, or any transactions arising therefrom. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or related to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All costs and taxes on a Site are quoted in U.S. dollars. You must pay all applicable taxes on purchases made on a Site and on any associated charges. We may, in our sole discretion, add, delete, or change some or all of the prices of our products and services at any time without notice, other than as set forth on the relevant Site.
14. Cancellation Policy
Except to the extent a Site states otherwise, if you purchase a Blackhawk Product from a Site, there are no refunds, and all sales are final,.
15. Warranties. You warrant to us that: (i) you own or have the requisite authority over any Submitted Data; (ii) any Submitted Data will be accurate and complete; (iii) any Submitted Data and any of your activities on a Blackhawk Site, through the Services, or in connection with Blackhawk Products: (a) do not infringe in any manner on any third party rights, (b) do not violate any applicable laws or regulations, (c) are not defamatory, libelous, slanderous or threatening, (d) do not breach any duty toward or rights of any person or entity including rights of publicity or privacy, (e) have not resulted in or are not likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity, (f) are not false, deceptive or misleading, and (g) will be free of any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system data or personal information.
You agree to defend, indemnify, and hold harmless Blackhawk and its affiliates (and the officers, directors, agents, employees, and representatives of Blackhawk and its affiliates), our licensees, suppliers and fulfillers, owners and operators of Linked Sites and Blackhawk Merchants from and against any and all Claims and Damages arising out of or related to: (i) your use of a Blackhawk Site, the materials it contains, and/or any Linked Sites; (ii) your breach of these Terms; (iii) your violation of applicable law; (iv) your infringement of any intellectual property right or other right of any person or entity; (v) actions taken by any person using your login information (User ID and password); (vi) your use of any Inappropriate Content; or (vii) any acts prohibited under Section 7 with respect to your Submitted Data.
17. Communicating With Us. You will be deemed to have authorized any Electronic Communication received from you or in your name, and you authorize us to rely and act upon any such communication. For our mutual protection, we may record telephone calls that relate to the use of or include instructions for using Blackhawk Products or the Site. To the maximum extent permitted by applicable law, you agree that our records regarding any Electronic Communication will be admissible in any legal, administrative or other proceedings as if such records were original written documents. To the maximum extent permitted by applicable law, our records will be conclusive proof of the information contained in such Electronic Communications. You consent to receive communications from us electronically, including via email or text message. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless otherwise provided by law.
18. Confidentiality. You agree that you will not disclose or use any Confidential Information of Blackhawk. You acknowledge that any breaches of this provision may result in irreparable harm to Blackhawk for which no adequate remedy at law may be available and that as such Blackhawk will be entitled to equitable relief.
a. Survival. The proprietary rights, confidentiality, disclaimer of warranties, representations and warranties made by you, indemnities, limitations of liability, governing law, jurisdiction, venue, and general provisions shall survive any termination of these Terms.
b. California Consumer Notice. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Site is provided by Blackhawk Network, Inc. and its affiliates, 6220 Stoneridge Mall Rd., Pleasanton CA 94588. If you have a question or complaint regarding the Site, please contact Blackhawk’s customer service via the methods listed under “Contact Us” below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
c. Assignment. We may assign our rights and responsibilities hereunder without notice to you.
e. Amendment. We reserve the right to amend or modify these Terms or impose new conditions at any time. Such amendments and modifications will be effective immediately upon giving you notice by any means including, but not limited to, posting on the applicable Site.
f. No Wavier. The failure of Blackhawk to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Blackhawk in writing.
If you have any customer service-related questions, please contact:
ATTN: Customer Service
10615 Professional Circle Ste. 102
Reno, NV 89521
Phone: (469) 312-0084
The Commissioner of Financial Regulation for the State of Maryland will accept all questions or complaints regarding Blackhawk Network, Inc. at:
Office of the Commissioner of Financial Regulation
500 N Calvert Street, Suite 402
Baltimore, Maryland 21202
This Agreement was last updated on March 14, 2023.