TERMS | Blue Dolphin Capital

Terms

Blue Dolphin Capital Terms & Conditions

These Terms & Conditions ("Terms") govern your use of and access to the sites, templates, products, applications, tools, and features (collectively, the "Services") provided by Blue Dolphin Capital, Inc. (together with its officers, directors, employees, agents, subsidiaries, and affiliates, “Blue Dolphin Capital”). Our Privacy Policy explains the personal information we collect, its use, and sharing, while our Acceptable Use Policy outlines responsibilities when using the Services.

By using or accessing the Services, you agree to these Terms, our Privacy Policy, and our Acceptable Use Policy (collectively, this “Agreement”). If you're using the Services for an organization, you agree to this Agreement on its behalf, representing that you have the authority to do so. If you disagree with any terms in this Agreement, refrain from using or accessing the Services.

Key Points:

1. Creating an Account:

1.1 Signing Up. To utilize the Services, create an account (“Account”) with accurate information.
1.2. Staying Safe. Safeguard your Account, immediately report any unauthorized use, and be responsible for all Account activities.
1.3. Thirteen And Older. The Services are for users aged 13 and older. If under 18, obtain parental or guardian consent.

2. Your Content:

2.1 Your User Content Stays Yours. User Content provided by users remains theirs. Blue Dolphin Capital has limited rights necessary for service provision.
2.2. Your License to Us. By providing User Content, you grant Blue Dolphin Capital the right to use, modify, and distribute it for service improvement.
2.3. Featuring Your Site. Blue Dolphin Capital may use Your Sites for marketing with an opt-out option.

3. Your Responsibilities:

3.1. Only Use Content You're Allowed to Use: Represent ownership or legal use rights of User Content. Comply with our Acceptable Use Policy.
3.2. Follow Our Rules. Adhere to our Acceptable Use Policy and conduct rules.
3.3. Follow The Law. Ensure your use complies with applicable laws.
3.4. Share Responsibly. Be cautious when sharing content via the Services.
3.5. Your Sites and Your End Users Are Your Responsibility. Users are solely responsible for compliance with laws related to their sites and end users.

4. Third Party Services And Sites, User Content:

4.1. Third Party Services. Integrated third-party services have separate terms. Blue Dolphin Capital isn't liable for transactions with them.
4.2. Third Party Sites. Links to third-party sites are accessed at your risk.
4.3. User Content. Blue Dolphin Capital isn't liable for User Content but may review it for compliance.

5. Our Intellectual Property:

5.1. Blue Dolphin Capital Owns Blue Dolphin Capital. The Services are protected by copyright and trademark laws. Users have no rights to our intellectual property.
5.2. We Can Use Your Feedback for Free. Feedback provided may be used without restriction.
5.3. Our Demo Content Is for Private Use Only. Demo Content is for private use, and distribution is prohibited.
5.4. Our Betas Are Still in Beta. Beta services may be less reliable. Users should be aware.

6. Our Rights:

6.1. Important Things We Can Do. Blue Dolphin Capital reserves rights to change, restrict, suspend, or terminate Services, access, or eligibility criteria at its discretion.
6.2. How We Handle Ownership Disputes. In disputes over Account or site ownership, Blue Dolphin Capital may intervene.
6.3. HTTPS Encryption. We may offer HTTPS encryption for Your Sites. By registering a custom domain via the Services, or pointing a custom domain to the Services, you authorize us to create and maintain a certificate for the limited purpose of providing HTTPS for Your Sites.

7. Privacy. Our Privacy Policy explains how we collect, use and share your and your End Users' information. By using the Services, you agree to our collection, use and sharing of information as set forth in the Privacy Policy.

8. Copyright. We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported via the process described in our Copyright Policy, which is incorporated by reference into this Agreement. We reserve the right to delete or disable content alleged to be infringing, and to terminate Accounts of repeat infringers without any refunds.

9. Paid Services and Fees:

9.1. Fees. You can access certain portions of the Services by submitting a fee payment (such additional services, “Paid Services”). For example, to publish Your Sites publicly, you'll need to pay a subscription fee. Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement. We'll tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time by contacting us. If you don't pay for Paid Services on time, we reserve the right to suspend or cancel your access to Paid Services. Transaction fees and additional fees may also apply to certain portions of the Services, and we'll tell you about those fees before charging you. Our fees will appear on an invoice that we provide via the Services, unless otherwise indicated.
9.2. Taxes. All fees are exclusive of applicable federal, state, local or other taxes (“Taxes”). You're responsible for all applicable Taxes, and we'll charge Taxes in addition to the fees for the Services when required to do so. If you're exempt from Taxes, you must provide us with a valid tax exemption certificate (we reserve the right to determine whether a certificate is valid). Tax exemptions will only apply from and after the date we receive such a certificate.
9.3. Automatic Subscription Renewals. To ensure uninterrupted service, we'll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period thereafter until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if you're on a monthly subscription plan, each billable renewal period will be for one month. We'll automatically charge you the applicable amount using the payment method you have on file with us. We'll let you know in advance if you're purchasing a Paid Service that includes auto-renewal payments. You can disable auto-renewal at any time by contacting us.
9.4. Refunds. While you may cancel any Paid Services at any time, you won't be issued a refund except at our sole discretion, or if legally required.
9.5. Fee Changes. We may change our fees at any time. When applicable, we'll give you advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by cancelling the applicable Paid Service before your next payment date.
9.6. Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact us before filing a Chargeback. We reserve our right to dispute any Chargeback.
9.7. Our Payment Processor. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is PayPal, and your payments are processed by PayPal in accordance with PayPal's Terms of Service and Privacy Policy. We don't control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
9.8. Fees For Third Party Services. Third Party Services purchased via the Services may be subject to different refund policies that those Third-Party Services determine, and they may be non-refundable. The purchase terms and conditions for such Third-Party Services will be displayed during the purchase process, as through a link to the purchase terms and conditions. It's your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third-Party Service. We don't offer refunds for purchases of Third-Party Services.

10. Your eCommerce On Blue Dolphin Capital and eCommerce Responsibilities. The Services include features that enable you to provide or sell products and services to, or otherwise collect payments from, your End Users (such activities, “Your eCommerce”). We're not a party to, and we aren't liable for, Your eCommerce. You're solely responsible for Your eCommerce, and compliance with any laws or regulations related thereto, including without limitation the following:

10.1. Taxes. You're solely responsible for: (a) all Taxes and fees associated with Your eCommerce, including without limitation any Taxes related to the purchase or sale of products or services in connection therewith; (b) collecting, reporting and remitting required Taxes to relevant government authorities; and (c) informing your End Users of required Taxes, and providing them with invoices as required by law. You also agree that any tax estimates, reporting or related materials that we may provide via the Services are for illustration purposes only, and you may not rely on them to comply with your tax obligations.
10.2. Fulfillment and Delivery. You're solely responsible for fulfilling and delivering your products and services to your End Users.
10.3. Claims and Warranties. You're solely responsible for any claims or warranties you make in connection with Your eCommerce.
10.4. Customer Service. You're solely responsible for handling any comments or complaints related to Your eCommerce, including without limitation any issues related to payments, promotions, refunds or chargebacks. You agree to provide accurate and complete contact information on Your Sites so that your End Users can submit comments or complaints to you.
10.5. Site Terms, Policies and Legal Compliance. You agree to post and make clearly available on Your Sites a privacy policy, and any other terms or policies that may be required by law, and you warrant that Your Sites and Your eCommerce will comply with all applicable laws and regulations. You agree that we won't provide any legal advice regarding such terms, policies or compliance. Be sure to read our Privacy Policy to learn more about disclosures to your End Users regarding your use of the Services.
10.6. eCommerce Restrictions. You may not offer or sell any products or services which, in our sole discretion: (a) may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; (b) are prohibited for sale, distribution or use; or (c) otherwise fail to comply with any applicable laws or regulations, including without limitation with respect to intellectual property, privacy or publicity rights, consumer protection, product safety or trade regulations, or export controls, regulations or sanctions.
10.7. eCommerce Suspensions. While we'd prefer not to, we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove your Account, Your Sites or Your eCommerce, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by law). For example, we may suspend Your eCommerce if you're violating this Agreement.
10.8. eCommerce Payment Processor. To accept payments from your End Users in connection with Your eCommerce, you may integrate Your Sites with third party payment processors (“eCommerce Payment Processors”). Your relationship with such eCommerce Payment Processors is governed by those eCommerce Payment Processors' terms and policies. We don't control and aren't liable for any eCommerce Payment Processors, or for any transaction you may enter into with or through any eCommerce Payment Processors. eCommerce Payment Processors are Third Party Services, as defined in Section 4.1. While we will try to provide advance notice, you agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to, or remove from the Services, any eCommerce Payment Processors, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by law). Your eCommerce Payment Processors may provide invoices for any transaction fees associated with your eCommerce transactions.

11. Term and Termination. This Agreement will remain in effect until terminated by either you or us. To terminate this Agreement, you may contact us or simply stop using the Services at any time. We reserve the right to suspend or terminate the Services at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of the Services if you're violating these Terms or our Acceptable Use Policy. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation Of Liability, Indemnification, Dispute Resolution and Additional Terms.

12. Warranty Disclaimers. To the fullest extent permitted by law, Blue Dolphin Capital makes no warranties, either express or implied, about the Services. The Services are provided “as is.” Blue Dolphin Capital also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Loan Factory shall create any warranty. Blue Dolphin Capital makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.

13. Limitation of Liability. To the fullest extent permitted by law, in no event will Blue Dolphin Capital be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use the Services or any portion thereof, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to loss or corruption of any content or data, including without limitation User Content and eCommerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Loan Factory has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose. To the fullest extent permitted by law, in no event shall the aggregate liability of Blue Dolphin Capital for all claims arising out of or related to the Services and this Agreement exceed the greater of twenty-dollars ($20) or the amounts paid by you to Loan Factory in the twelve (12) months immediately preceding the event that gave rise to such claim. Some places don't allow the types of limitations in this paragraph, so they may not apply to you.

14. Indemnification. To the fullest extent permitted by law, you agree to indemnify and hold harmless Blue Dolphin Capital from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your eCommerce; (c) any claims from your End Users; and (d) your violation of any law or regulation or the rights of any third party.

15. Dispute Resolution

15.1. Informal Resolution. Before filing a claim against Blue Dolphin Capital, you agree to try to resolve the dispute by first emailing info@bluedolphincap.com with a description of your claim. We'll try to resolve the dispute informally by following up via email, phone, or other methods. If we can't resolve the dispute within thirty (30) days of our receipt of your first email, you or Blue Dolphin Capital may then bring a formal proceeding.
15.2. Arbitration Agreement. You and Loan Factory agree to resolve any claims arising from or relating to the Services or this Agreement through final and binding arbitration and you and Blue Dolphin Capital expressly waive trial by jury, except as set forth below. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
15.3. Arbitration Opt-Out. You can decline this agreement to arbitrate by emailing us at info@bluedolphincap.com within thirty (30) days of the date that you first agree to this Agreement (“Opt-Out Period”). Your email must be sent from the email address you use for your Account, and must include your full name, residential address and a clear statement that you want to opt out of arbitration. If you opt out of arbitration pursuant to this Section 15.3, then Sections 15.2, 15.4, 15.5 and 15.6 of these Terms do not apply to you. This opt-out doesn't affect any other sections of the Terms, including without limitation Sections 15.8 (Judicial Forum For Disputes; Time For Filing), 15.9 (No Class Actions) and 16.2 (Controlling Law). If you have any questions about this process, please contact info@bluedolphincap.com.
15.4. Arbitration Time for Filing. Any arbitration must be commenced by filing a demand for arbitration within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
15.5. Arbitration Procedures. JAMS, Inc. (“JAMS”) will administer the arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures (“JAMS Rules”) in effect at the time of the dispute. You and Blue Dolphin Capital agree that this Agreement affects interstate commerce, so the US Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of these provisions (despite the choice of law provision below). Any arbitration hearings will take place at a location to be agreed upon in Tampa, Florida, in English, and shall be settled by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the JAMS Rules. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including without limitation reasonable attorneys' fees and costs), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
15.6. Arbitration Fees. The JAMS Rules will govern payment of all arbitration fees. We won't seek our attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
15.7. Exceptions to Arbitration Agreement. Either you or Blue Dolphin Capital may assert claims, if they qualify, in small claims court in Tampa, Florida or any United States county where you live or work. Either you or Blue Dolphin Capital may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement or misappropriation (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
15.8. Judicial Forum for Disputes, Time for Filing. If our agreement to arbitrate is found not to apply to you or your claim, or if you opt out of arbitration pursuant to Section 15.3, you and Blue Dolphin Capital agree that any judicial proceeding (other than small claims actions) must be brought exclusively in the federal or state courts of Tampa, Florida and you and Loan Factory consent to venue and personal jurisdiction in those courts. Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
15.9. NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations aren't allowed.

16. Additional Terms

16.1. Entire Agreement. This Agreement constitutes the entire agreement between you and Blue Dolphin Capital regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. This Agreement creates no third-party beneficiary rights.
16.2. Controlling Law. This Agreement and the Services shall be governed in all respects by the laws of the State of Florida, without regard to its conflict of law provisions.
16.3. Waiver, Severability and Assignment. Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
16.4. Modifications. We may modify this Agreement from time to time and will always post the most current version on our site. If a modification meaningfully reduces your rights, we'll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using the Services.
16.5. Translation. This Agreement was originally written in English (US). We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control.

Updated: December 18, 2023