Terms of service
1. Services
1.1. Description of Services
A basic description of the Service interaction is as follows:
(a)You install widgets or plug-ins provided by Blueknow within the pages of your site so that the Service may automatically capture information about the content on those pages (the ‘Catalog’) and provide recommendations.
(b)You integrate your site with the Blueknow Web Services API using the language bindings provided by Blueknow or your own code.
The Services capture content metadata as well as user preference data in the form of clickstream data and other implicit and explicit data (the ‘Preference Information’). In response to the Preference Information, Blueknow provides a set of links to products (’Recommendation Links’) for suggested items in the Catalog. These Recommendations Links appear in widgets and/or API calls and display discovery and personalization capabilities which Blueknow may provide through the Services. All Recommendation Links provided by Blueknow to users of your Sites shall be links to items contained within the latest version of the Catalog that has been processed by Blueknow.
1.2. Referral
All Widgets or Plugins displaying recommendations shall conspicuously display a Blueknow service graphic provided by Blueknow that indicates that the Service is provided by Blueknow, unless otherwise agreed upon by Blueknow. The graphic shall link to the Blueknow site or such other address as Blueknow may designate from time to time during the Term.
1.3. Modification of Services
Unless explicitly stated otherwise, the Services may be modified or terminated at any time by Blueknow for any reason, and without notice, without liability to you, any user, or any third party. Any new features that augment or enhance the current Service shall be subject to the Terms of Service.
1.4. Modifications of Terms
Blueknow will notify all paying customers via email when these Terms of Service change. You may always review the most current version of the Terms of Service online at any time from within your customer dashboard. If a modification is unacceptable to you, you may cancel the Service on the Site and terminate the Terms of Service by canceling your account from within your customer dashboard. If you continue to use the Service on a Site, you will be deemed to have accepted the modifications.
1.5. Non-Exclusive services
You understand that Blueknow will provide the Services on a nonexclusive basis, and that Blueknow will continue to customize and provide its services to other parties for use in connection with a variety of applications.
1.6. Non-Site Use
The Services have been designed for Site-specific use in mind. If you would like to access the Services through any means other than a Site, including but not limited to through an application such as a toolbar, plug-in, or other executable code that runs on a user’s computer or through a standalone digital media player or mobile device, then you must first obtain Blueknow’s prior written consent by contacting Blueknow at contact@blueknow.com .
1.7. Your Service Obligations
Your Site shall receive inputs from users, which are to be forwarded by the Blueknow Tracking (BT) Code to Blueknow. You shall be responsible for providing all hardware and software and network connectivity required to perform your obligations under the Terms of Service, including but not limited to the following: (a) implementing and maintaining the Site, (b) implementing and maintaining the interface and connectivity between the Site and the Services, and (c) receiving inputs from a user and transmitting the inputs to Blueknow.
2. Accounts
2.1. Types of Accounts
Currently, Blueknow offers paid accounts for commercial use (“Paid Accounts”). More information on the types of accounts that Blueknow offers and the costs involved can be found on our Website at http://www.blueknow.com . Please read this document in its entirety regarding account restrictions. Blueknow reserves the right, at any time, to change or impose fees for access to and use of the Site and/or Services.
2.2. Paid Accounts
Blueknow offers a range of paid accounts with different feature sets and limitations. Blueknow accepts credit cards and will automatically charge your credit card monthly or yearly, depending upon which Paid Account you select. If any fee is not paid in a timely manner, or Blueknow is unable to process your transaction using the credit card information provided, Blueknow reserves the right to revoke access to your Blueknow account and data.
2.4. Billing
The fees for your Account will be billed from the first dates of the month, a Paid Account and on each monthly or yearly renewal thereafter unless and until you cancel your account. Blueknow will automatically bill your credit card each month or year on the calendar day corresponding to the commencement of your Paid Account. For example, if your Paid Account began on January 1st, February 1st is the next time your credit card would be billed.
You acknowledge that the amount billed each month or year may vary for reasons including, but not limited to, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. Blueknow may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
Should you elect to upgrade your Paid Account to a larger amount of items, links and queries, you will be billed for the first month or year of the upgraded level of service on a pro-rata basis. For example, if you begin your monthly billed Paid Account on February 15th, your next payment would be due on March 15th. On March 22, you upgrade your Paid Account to a larger amount of items, links and queries and pay the new amount associated with the upgraded Paid Account you have selected, less the amount equal to 7 days at your previous Paid Account rate. Your next payment would then be due on April 22.
Blueknow may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information by accessing your "Account" page. If your credit card reaches its expiration date, your continued use of the Service constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
2.5. Cancelling Your Account
Your Blueknow Paid Account will continue in effect unless and until you cancel your Paid Account or we terminate it. You must cancel your Paid Account before it renews each month or year in order to avoid billing of the next month's or year's fees to your credit card. Blueknow will bill the monthly or yearly fees associated with your Paid Account plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information).
2.6. Refund Policy
ALL ACCOUNTS ARE PREPAID AND BLUEKNOW DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS.
You may cancel your Blueknow Paid Account at anytime, and cancellation will be effective immediately. If you wish to cancel your Paid Account you may so via your "Account" page. Should you elect to cancel your Paid Account, please note that you will not be issued a refund for the most recently (or any previously) charged monthly fees.
By signing up for a Blueknow Paid Account and providing Blueknow with your payment account information, you agree to these payment terms and conditions.
3. Your Responsibilities
3.1. Conduct
You shall be responsible for compliance with all applicable laws, rules and regulations, if any, related to the performance of your obligations under the Terms of Service. You shall not, and shall not allow any third party to:
(a) obscure any portion of a Widget or edit, modify, truncate, filter or change the order of the information contained in or sent or received by any Widget;
(b) display any Widget in pop-up, pop-under, exit windows, expanding buttons, or animation;
(c) display any Widget to any third parties other than Site users;
(d) transfer, sell, lease, syndicate, sub-syndicate, lend, or use for co-branding, timesharing, service bureau or other unauthorized purposes any Service or access thereto
(e) directly or indirectly generate queries, or impressions of or clicks on advertisements, through any automated, deceptive, fraudulent or other invalid means (including, but not limited to, click spam, robots, macro programs, and Internet agents);
(f) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Service or any other Blueknow technology, content, data, routines, algorithms, methods, ideas design, user interface techniques, software, materials, and documentation;
(g) remove, deface, obscure, or alter Blueknow’s copyright notice, trademarks or other proprietary rights notices affixed to or provided as a part of any Service or any other Blueknow technology, software, materials and documentation;
(h) crawl, spider, index or in any non-transitory manner store or cache information obtained from the Services (including, but not limited to, Recommended Links, or any part, copy or derivative thereof);
(i) attempt to hack into or access without authorization any non-Site related metrics from the Service platform;
(j) create or attempt to create a substitute or similar service or product through use of or access to any of the Service or proprietary information related thereto;
(k) engage in any action or practice that reflects poorly on Blueknow or otherwise disparages or devalues Blueknow’s reputation or goodwill.
(l) post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(m) access, tamper with, or use non-public areas of the Site (including but not limited to user folders not designated as 'public' or that you have not been given permission to access), Blueknow's computer systems, or the technical delivery systems of Blueknow's providers;
(n) attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
(o) attempt to access or search the Site or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Blueknow or other generally available third-party web browsers (such as Mozilla Firefox or Microsoft Internet Explorer), including but not limited to browser automation tools;
(p) send unsolicited email, junk mail, “spam,” or chain letters, or promotions or advertisements for products or services;
(q) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Services to send altered, deceptive or false source-identifying information;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;
(s) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or plant malware on Blueknow's computer system, those systems of Blueknow's providers, or otherwise use the Site or Services to attempt to distribute malware; and/or
(t) impersonate or misrepresent your affiliation with any person or entity.
Blueknow will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Blueknow may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service.
You acknowledge that Blueknow has no obligation to monitor any user's access to or use of the Site and Services, but has the right to do so for the purpose of operating the Site and the Services, to ensure users' compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
3.2. Account Security
You are responsible for safeguarding the password that you use to access the Site and Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Blueknow of any unauthorized use of your password. You acknowledge that if you wish to protect your transmission of data to Blueknow, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Site and Services.
4. Proprietary Rights
4.1. Blueknow Rights
You acknowledge that Blueknow owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Services (including Blueknow’s recommendation and personalization technology, but excluding items licensed by Blueknow from third parties), and that you shall not acquire any right, title, or interest in or to the Services, except as expressly set forth in the Terms of Service. ‘Intellectual Property Rights’ shall mean any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
4.2. Brand Marks
You hereby grant to Blueknow a nontransferable, nonexclusive license during the Term to use your Brand Marks to advertise that you are using the Services. Blueknow hereby grants to you a nontransferable, non-sublicenseable, nonexclusive license during the Term to display Blueknow’s Brand Marks within the Widgets, without modification or distortion for the purpose of promoting or advertising that you use the Services. Blueknow may modify Blueknow’s Brand Marks at any time. Except as set forth in this Section 4. 2, nothing in the Terms of Service shall grant or shall be deemed to grant to one party any right, title or interest in or to the other party’s Marks. All use by you of Blueknow’s Brand Marks (including any goodwill associated therewith) shall inure to the benefit of Blueknow. Blueknow, the Blueknow logo, and Blueknow Recommendations are trademarks of Blueknow. ‘Brand Marks’ shall be defined as 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.
Blueknow also has the right to use customers measured data to create internal statistical aggregated models and to use anonymous aggregated measured data as a state of ecommerce sectors.
Blueknow will inform their customers on the usage of the aggregated data with comercial purposes.
4.3. Copyright Infringement
Use of the Services for purposes that encourage or induce copyright infringement is strictly prohibited. You will only upload, post, submit or otherwise transmit data and/or files: (i) that you have the lawful right to use, copy, distribute, transmit, or display; or (ii) that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity).
4.4. Blueknow Property and Feedback
All right, title, and interest in and to the Site and Services are and will remain the exclusive property of Blueknow and its licensors, including all Intellectual Property Rights (as defined below) therein, even if Blueknow incorporates any of your Feedback (as defined below) into subsequent versions. The Site and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site or Services. You may not copy or modify the HTML or other code used to generate web pages on the Site.
All feedback, comments, and suggestions for improvements (the “Feedback”) that you provide to Blueknow, in any form, and any contributions you make to the Site by posting content and communicating with other Blueknow users via posts to forums on the site (“User Posts”) will be the sole and exclusive property of Blueknow. You hereby irrevocably transfer and assign to Blueknow and agree to irrevocably assign and transfer to Blueknow all of your right, title, and interest in and to all of your Feedback and User Posts, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the “Intellectual Property Rights”) therein. At Blueknow's request and expense, you will execute documents and take such further acts as Blueknow may reasonably request to assist Blueknow in acquiring, perfecting and maintaining its Intellectual Property Rights and other legal protections for your Feedback and User Posts. You will not earn or acquire any rights or licenses in the Site and Services or in any Blueknow Intellectual Property Rights on account of these Terms of Service or your performance under these Terms of Service.
5. Privacy Policy
5.1. Site Registration Information
You understand and agree that Blueknow may access, preserve, and disclose registration information regarding the Site and the contents of your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of Blueknow, its affiliates or the public and that such information may contain personal information. Registration information collected by Blueknow may be stored and processed in the United States or any other country in which Blueknow or its agents maintain facilities. By using the Services, you consent to any such transfer of information outside of your country.
5.2. End User Information
The Services may make use of cookies as a way to identify users and associate them with their Preferences. The Services do not accept or make use of any personally identifiable information such as names or addresses. Although you may gather such information as part of your registration process, Blueknow specifically disclaims any association of personally identifiable information with preference information. Attempts by you or third parties under your direction or control to associate personally identifiable information with Preference information without the explicit permission of your users is prohibited.
6. Warranties and Disclaimer
6.1. Your Warranties
You warrant and represent that:
(1) All information provided by you to Blueknow in connection with the Services is true and accurate;
(2) You have read and agree to the Terms of Service,
(3) You have full power and authority to enter into the Terms of Service;
(4) Your Marks, Content, or Site do not:
(a) infringe any Intellectual Property Rights of any third party,
(b) constitute defamation, slander, libel or obscenity,
(c) result in any consumer fraud, product liability, breach of contract to which you are a party or cause injury to any third party,
d) promote violence or contain hate speech,
(e) promote explicit or illegal activities, gambling, or the sale of tobacco or alcohol to persons under 18 years of age, or
(f) violate any applicable law, statute, ordinance, or regulations;
(5) You shall perform all of your obligations under the Terms of Service in accordance with applicable laws.
6.2. Use at Your Own Risk
Your access to and use of the Site and/or Services and is at your own risk. Blueknow will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Site or Services.
6.3. Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BLUEKNOW EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT USE OF THE SITE AND SERVICES MAY RESULT IN UNEXPECTED RESULTS, LOSS OR CORRUPTION OF DATA OR COMMUNICATIONS, PROJECT DELAYS, OTHER UNPREDICTABLE DAMAGE OR LOSS, OR EXPOSURE OF YOUR DATA OR YOUR FILES TO UNINTENDED THIRD PARTIES.
BLUEKNOW MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BLUEKNOW MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BLUEKNOW OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
7. Indemnity
You will indemnify, defend, and hold Blueknow harmless from any third party lawsuit or proceeding brought against Blueknow based upon a claim that would constitute a breach of any warranty, representation, or covenant made by you under the Terms of Service, including but not limited to any third party lawsuit or proceeding brought against Blueknow based upon a claim that any materials or products on your Site or your Brand Marks infringe any copyright, trade secret, or trademark of the third party or slanders or libels any person, firm, corporation, or association. Your indemnification will include (1) all attorneys’ fees and costs associated with the defense of such a claim, (2) all damages and costs finally awarded, and (3) the full cost of any settlement entered into by you. Blueknow shall (1) notify you of any such claim, (2) provide you with reasonable information, assistance, and cooperation in defending the lawsuit or proceeding (to the extent requested by you), and (3) give you full control and sole authority over the defense and settlement of such claim. You will not enter into any settlement or compromise of any such claim without Blueknow’s prior consent, which shall not be unreasonably withheld.
8. Limitation of Liability
IN NO EVENT WILL BLUEKNOW BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE AND/OR SERVICES, OR FOR ANY ERROR OR DEFECT IN THE SITE OR SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BLUEKNOW HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT BLUEKNOW IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, BLUEKNOW WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES AND/OR THE FILES, OR IF YOUR DATA IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF BLUEKNOW TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE AND/OR SERVICES IS LIMITED TO LOWER OF THE AMOUNTS YOU HAVE PAID TO BLUEKNOW DURING THE THREE MONTH PERIOD PRIOR TO SUCH CLAIM, FOR ACCESS TO AND USE OF THE SITE OR SERVICES, OR ONE-HUNDRED ($100) DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BLUEKNOW AND YOU.
9. Term and Termination
9.1. Term
The term of the Terms of Service (the ‘Term’) shall commence on the date upon which you add the Service to your Site and shall continue in force thereafter, unless terminated as provided herein.
9.2. Termination
Blueknow may change, suspend or discontinue all or any aspect of the Service, including their availability, at any time, and may terminate your use of the Service at any time. In addition, either party may terminate the Terms of Service at any time, for any reason, or for no reason including, but not limited to, if you engage in any action that reflects poorly on Blueknow or otherwise disparages or devalues the Blueknow’s Brand Marks or Blueknow’s reputation or goodwill. If you desire to terminate the Terms of Service, you must remove the Service from your Site.
If you violate any of these Terms of Service, your permission to use the Site and/or Services will automatically terminate. Blueknow reserves the right to revoke your access to and use of the Site and Services at any time, with or without cause, and with or without notice. Blueknow also reserves the right to cease providing or to change the Site or Services at any time and without notice.
Blueknow reserves the right to terminate Free Accounts at any time, with or without notice. Without limiting the generality of the foregoing, and without further notice, Blueknow may choose to delete and/or reduce: (i) any or all of your data if your Free Account is inactive for 90 days; and (ii) previous versions and/or prior backups of Your Files.
9.3. Rejection of Application
Blueknow shall have the right, in its sole discretion, to reject any request to use the Service at any time and for any reason, and such rejection shall render null and void the Terms of Service between you and Blueknow. Blueknow shall not be liable to you for damages of any sort resulting from its decision to reject such a request.
9.4. Effect of Termination
Upon the termination of the Terms of Service for any reason (i) all license rights granted herein shall terminate and (ii) You shall immediately remove the Service and delete any and all Blueknow Brand Marks from the Site.
9.5. Survival
In the event of any termination or expiration of the Terms of Service for any reason, Sections 5. 1, 7, 8, 9, 10. 4, 10. 5, 10. 6 and 11 shall survive termination. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Terms of Service in accordance with its terms.
9.6. Remedies
You acknowledge that your breach of any of the terms and conditions contained herein may cause irreparable harm to Blueknow, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which Blueknow may be legally entitled, Blueknow shall have the right to seek immediate injunctive relief in the event of a breach of such sections by you or any of your officers, employees, consultants, or other agents.
10. Miscellaneous
10.1. Non-Assignment
You may not assign your rights or delegate your obligations under the Terms of Service without Blueknow’s prior written consent. Nothing in the Terms of Service should be construed to confer any rights to third party beneficiaries.
10.2. Notices
Any notice to Blueknow required for or permitted by the Terms of Service shall be in writing and shall be delivered as follows with notice deemed given as indicated:
(i)by personal delivery when delivered personally,
(ii)by overnight courier upon written verification of receipt, or
(iii)by certified or registered mail, return receipt requested, upon verification of receipt. All notices to Blueknow must be sent to the attention of the Blueknow Legal Department as provided for below.
10.3. Independent Contractors
The parties are independent contractors. Neither party shall be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other.
10.4. Force Majeure
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, acts of God, war, governmental action, or any other cause, which is beyond the reasonable control of such party.
10.5. Waiver
The failure of Blueknow to require performance by you of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Blueknow of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
10.6. Severability
If any provision of the Terms of Service is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of the Terms of Service shall remain in full force and effect.
10.7. Entire Agreement
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof. The Terms of Service supersede, and the terms of the Terms of Service govern, any other prior or collateral agreements with respect to the subject matter hereof.