Blackhawk reserves the right to modify these Terms at any time without notice. Any change to these Terms will be effective when the updated Terms are posted on the Site. You can find the current version of the Terms at any time by clicking the “Site Terms of Use” link at the bottom of the Site. By continuing to access the Site or use the Services on or after the date new Terms are posted, you agree to be bound by the most recent version of these Terms. Blackhawk reserves the right to modify the Site or terminate your access to the Site, in whole or in part, at any time, with or without notice.
1. Definitions
“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, artwork, audio, video, or multimedia.n writing.
