Mobile App Terms of Use

Bluon Members, we have your back! Bluon has been built from the ground up to serve, empower, and inform HVAC technicians and professionals. As we continue to grow, we become a bigger target. The following binding Terms of Use and Privacy Policy are here to protect us so that we can continue to serve and protect you in the Bluon way. Thanks for being a Bluon Member!

1. Terms

By using this Mobile App (the “Mobile App”) you agree to be bound by and comply with these Mobile App Terms of Use (these “Terms”), the Privacy Policy, and all applicable laws and regulations. If you do not agree with these Terms, you are prohibited from using or accessing this Mobile App.

2. Changes to the Terms

Bluon may revise these Terms at any time. By using the Mobile App, you agree to be bound by the then current version of these Terms. If we make material changes to the Terms or Privacy Policy, we will notify you based upon the communication channel that you select. You are responsible for ensuring that we have an up-to-date, active, and deliverable email address and phone number for you and for periodically visiting our Terms and Privacy Policy to check for updates.

3. Use License

These Terms permit you to use the Mobile App for your own educational use and purposes. All copyright contained on the Mobile App is either owned by Bluon or published solely for educational and instructional purposes, except for certain User Contributions discussed herein. This Use License is at no charge to you. You recognize and agree that your ability to use and reuse the information contained on the Mobile App is limited by these Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, scrap, or transmit any of the material on our Mobile App, except that your phone or computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials and you may store files that are automatically cached by the Mobile App for display enhancement purposes. This is a grant of a license, not a transfer of title, and under this license you must not:

• Modify or copy any materials from the Mobile App;
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site;
• Access or use for any commercial purposes any part of the Mobile App or any services or materials available through the Mobile App;
• Use the materials for any public display (commercial or non-commercial);
• Attempt to decompile or reverse engineer any software, copyright, or other information contained on Bluon’s Mobile App;
• Remove any copyright or other proprietary notations from the materials;
• Scrap any data; or,
• Transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions, and Bluon may terminate your use license at any time. Upon terminating your license, you must destroy any downloaded materials in your possession whether in electronic or printed format. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Mobile App in breach of the Terms, your license and right to use the Mobile App will stop immediately and you must cease using the Mobile App and return or destroy any copies of the materials you have made. Any use of the Mobile App not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. All rights not expressly granted are reserved by Bluon.

4. Accessing the Mobile App and Account Security

We reserve the right to withdraw or amend the Mobile App and any service or material we provide on the Mobile App in our sole discretion without notice. We will not be liable if for any reason all or any part of the Mobile App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Mobile App, or the entire Mobile App, to users, including registered users. You are responsible for both making all arrangements necessary for you to have access to the Mobile App and ensuring that all persons who access the Mobile App through your mobile device are aware of these Terms and comply with them.

To access the Mobile App or the resources it offers, you may be asked to provide certain registration details or other information, including providing personal identifying information such as your name, phone number, email address, physical address, location data, and other information. To utilize the Mobile App as intended, you must agree to receive telephone calls, text messages, and/or emails from Bluon. It is a condition of your use of the Mobile App that all the information you provide on the Mobile App is correct, current, and complete. You agree that all information you provide to register with this Mobile App or otherwise, including, but not limited to, through the use of any interactive features on the Mobile App, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Mobile App or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a shared phone so that others are not able to view or record your password or other personal information. We have the right to disable any account, username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.

5. Intellectual Property Rights

The Mobile App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Company name, Terms, and company logo and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Mobile App is the trademarks of their respective owners. If you believe that any material or User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

6. Prohibited Uses

You may use the Mobile App only for lawful purposes in accordance with these Terms, except you agree not to use the Mobile App:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• To send, knowingly receive, upload, download, use, or reuse any material that does not comply with the Content Standards set out in these Terms;
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Mobile App, or which, as determined by us, may harm the Company or users of the Mobile App, or expose them to liability;
• In any manner that could disable, overburden, damage, or impair the Mobile App or interfere with any other party's use of the Mobile App, including their ability to engage in real time activities through the Mobile App;
• By engaging any robot, spider, or other automatic device, process, or means to access the Mobile App for any purpose, including monitoring or copying any of the material on the Mobile App;
• For any manual process to monitor or copy any of the material on the Mobile App, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
• To interfere with the proper working of the Mobile App;
• To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• To attempt to gain unauthorized access to, damage, or disrupt any parts of the Mobile App, the server on which the Mobile App is stored, or any server, computer, or database connected to the Mobile App; or,
• Attack or attempt to interfere with the Mobile App.

7. Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Mobile App or the public, could create liability for the Company, or as the Company determines in its sole and absolute discretion;
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Mobile App; and,
• Terminate or suspend your access to all or part of the Mobile App for any or no reason, including without limitation, any violation of these Terms or the Privacy Policy.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Mobile App. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review all material before it is posted on the Mobile App and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party; however, we do reserve the unilateral right to remove any objectionable material or reasonably modify any material for publication. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

8. Content Standards

These content standards apply to any and all User Contributions. User Contributions must entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms, Copyright Policy, or Privacy Policy;
• Be likely to deceive any person;
• Promote any illegal activity, or advocate, promote, or assist any unlawful act;
• Cause annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person, as determined at Bluon’s sole and absolute discretion;
• Impersonate any person or misrepresent your identity or affiliation with any person or organization;
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; and,
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the

9. Disclaimer

Bluon’s Mobile App, AND ALL INFORMATION AND MATERIALS CONTAINED THERE, is provided “AS IS WHERE AS.” BLUON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR VIOLATION OF ANY OTHER RIGHT.

Bluon makes absolutely no warranty or representation regarding the Tech Support, QUOTING TOOLS, RETROFIT INSTRUCTIONS, OR ANY OTHER SERVICES offered via the Mobile App. USER understands and agrees that BY ACCESSING AND USING THIS MOBILE APP THAT THE USER MUST BE AN HVAC/R TECHNICIAN, CONTRACTOR, SUPPLIER, STUDENT, OR OTHER INDUSTRY PROFESSIONAL. USER REPRESENTS AND WARRANTS THAT and is admittedly experienced in the trade of HVAC and that the user is fully responsible for all work peformed. Bluon makes absolutely no representation or warranty concerning the accuracy, likely results, or reliability of the use of the materials on its Mobile App, specifically the RETROFIT Instructions Or the OEM user manuals, or otherwise relating to such materials or on the Mobile App. SUCH INFORMATION AND MATERIALS IS PROVIDED “AS IS” “WHERE AS” AND WITHOUT ANY WARRANTY WHATSOEVER.

10. Limitations

In no event shall Bluon, any OEM, any distributor, or any related third party be liable for any damages (including, without limitation, damages for loss of data, lost profit, warranty violation, business interruption or otherwise) arising out of the use of - or inability to use - the BLUON MOBILE APP OR THE materials on Bluon’s Mobile App, even if Bluon or a Bluon authorized representative has been notified orally or in writing of the possibility of such damage. The maximum aggregrate liability for bluon shall be limited to the amount any user pays BLUON. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

11. Revisions and errata

The materials appearing on the Mobile App could include technical, typographical, or photographic errors. Bluon does not warrant that any of the materials on its Mobile App is accurate, complete, or current. Bluon may make changes to the materials contained on its Mobile App at any time without notice; however, Bluon does not make any commitment to update the materials.

12. Indemnification

You agree to defend, indemnify, and hold harmless Bluon, its affiliates, OEMs, licensors, and service providers, and its and their respective officers, directors, employees, contractors, attorneys, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Mobile App, or any third party claims for services rendered by you, including, but not limited to, your User Contributions, your use of Tech Support, your use of TdX 20 Retrofit, your use of quoting tools, your use of the Technician Toolbox, or any other use of the Mobile App's content, services, and products or your use of any information obtained from the Mobile App.

13. Governing Law and Jurisdiction

Any claim relating to Bluon’s Mobile App shall be governed by the laws of Delaware without regard to its conflict of law provisions. Any dispute under this agreement shall be settled in the jurisdiction determined under Section 13 of these Terms.

14. Binding Arbitration and Class Action Waiver

We hope we never have a dispute, but if we do, you agree to try for 60 days to resolve it informally. If we cannot, you agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide, and the arbitrator’s decision will be final except for a limited right to appeal under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceedings where someone acts in a representative capacity are not allowed. Nor is combining individual proceedings without the consent of all parties. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties understand and agree that this provision limits their ability to seek any form of judicial relief or other remedy outside of those mentioned herein.

Claims shall be heard by a single arbitrator, unless the claim amount exceeds $75,000, in which case the dispute shall be heard by a panel of three arbitrators. The arbitration shall be governed by the laws of the State of Delaware. The arbitrators will have no authority to award damages outside of these Terms, except as may be required by statute. The arbitrator(s) shall not award incidental, consequential, or punitive damages in any arbitration initiated under this section. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

15. Waiver and Severability

No waiver by Bluon of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court, arbitrator, or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited. Notwithstanding, the remaining provisions of the Terms will continue in full force and effect.

16. Links

Bluon has not reviewed all of the site or pages linked to its Mobile App and is not responsible for the contents of any such linked site or page. The inclusion of any link does not imply endorsement by Bluon of the Mobile App, and the use of any such linked site or page is at YOUR OWN RISK.

17. Entire Agreement

These Terms and our Privacy, Communication, and DMCA Policies constitute the sole and entire agreement between you and Bluon regarding the Mobile App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

Communications Policy

Bluon, Inc.

When signing up for the App you choose your preferred contact method and authorize Bluon to contact you via email, text, and/or call. You may change your preferences in the User settings. Standard message and data rates apply. You can opt-out at any time by texting “STOP” or by contacting Bluon at (855) 425-8686 or [email protected].

Copyright Policy

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

This notice is for informational purposes only. It is not intended as, nor should it be construed as, legal advice. If you believe that your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel.

This App, including all text, HTML, scripts, and images are copyrighted – or used under the Fair Use Doctrine - and owned by Bluon, Inc. All rights reserved. No part of this App may be reproduced or transmitted in any form or by any means, mechanical, electronic, or otherwise, including photocopying and recording, or by any information storage and retrieval system, or transmitted by email, or used in any other fashion without the express prior written permission of Bluon. This, of course, excludes the downloading and temporary caching of this App on your mobile phone for the explicit purpose of viewing, as well as any information clearly marked as reproducible. This copyright notice applies to everyone, including all Users of the App.

DMCA PROVISIONS

The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet. Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact Bluon, the person or entity, or the designated agent of the ISP to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the App.

Bluon is committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, Bluon will block access to the allegedly infringing material and will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them may submit a Counternotice to Bluon.

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

Please send DMCA notifications of claimed copyright infringement to Bluon, Inc. at 18 Bunsen, Irvine, CA 92618 U.S.A. To file a notice of infringement with Bluon, you must provide written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the App or a page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney. To expedite our ability to process your request, please use the following format (including section numbers):

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon;
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. You must include the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright;
3. Provide information reasonably sufficient to permit Bluon to contact you (name, email address, and a phone number are required, at minimum);
4. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law”; and,
5. The signature of the copyright owner or a person authorized to act on behalf of the copyright owner.

You may send your notice via email provided such notice includes a proper electronic signature.

For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).

COUNTERNOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT

If a notice of copyright infringement has been filed against you, Bluon will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counternotification with Bluon. If Bluon receives a valid counter notification, the DMCA provides that the removed or blocked information will be restored or access reenabled. Bluon will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counternotification, unless Bluon first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this website.

Please be advised that United States copyright law provides substantial penalties for a false counternotice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

Privacy Policy

Bluon, Inc.

1. Introduction

Bluon developed this Privacy Policy to show you how we collect, use, communicate, disclose, and make use of your personal information. We are committed to ensuring the confidentiality of personal information. Bluon may change this Privacy Policy from time to time, at its sole discretion. The following outlines our privacy policy:

• You provide us certain personal identifying information at the time you download the App, including but not limited to your name, email, phone number, and postal code, which should be and remain accurate, complete, and up to date;
• You grant us permission to use this information to grow the business relationship, including to provide you services, updates, marketing materials, and otherwise communicate;
• You are free to opt-out at any time by following the instructions provided;
• We will collect and use personal information pursuant to these Terms and for the purposes described herein; and,
• We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

This policy applies to information we collect:

• On our Mobile App;
• In email, text, and other electronic messages between you and the Mobile App; and,
• When you interact with our advertising, tech support, and applications on third-party websites and services.

It does not apply to information collected by:

• Us offline or through any other means, including on any other Mobile App or website operated by us or any third party; or
• Any third party, including through any application or content (including advertising) that may link to or be accessible from or on our Mobile App.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Mobile App. By accessing or using the Mobile App, you agree to this Privacy Policy. This policy may change from time to time at Bluon’s sole discretion. Your continued use of the Mobile App after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. By using the App, you accept that Bluon may collect data according to this Privacy Policy.

2. Children Under the Age of 16

Our Mobile App is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Mobile App. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Mobile App. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at [email protected]. California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see [Your California Privacy Rights] for more information.

3. Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Mobile App, including information:

• By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”);
• That is about you but individually does not identify you; and,
• About your internet connection, the equipment you use to access our Mobile App, and usage

We collect this information:

• Directly from you when you provide it to us;
• Automatically as you navigate through the site, such as usage details, IP addresses, and information collected through cookies.

Information You Provide to Us

The information we collect on or through our Mobile App may include:

• Information that you provide by filling in forms on our Mobile App. This includes information provided at the time of registering to use our Mobile App, subscribing to our service, posting material, or requesting further services. We may also ask you for information if you report a problem with our Mobile App.
• Records and copies of your correspondence (including email addresses and phone calls), if you contact
• Your responses to surveys that we might ask you to complete for research
• Details of transactions you carry out through our Mobile App.
• Your search queries on the Mobile App.

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Mobile App or transmitted to other users of the Mobile App or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Please be advised that no security measure is perfect or impenetrable. Additionally, we cannot control the actions of other users of the Mobile App with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Mobile App, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Mobile App, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Mobile App; and,
• Information about your computer and internet connection, including your IP address, operating system, and browser

We also may use these technologies to collect information about your online activities over time and across third-party mobile apps or other online services (behavioral tracking).

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Mobile App and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage
• Store information about your preferences, allowing us to customize our Mobile App according to your individual
• Speed up your searches.
• Recognize you when you return to our Mobile App.

We may use technologies to automatically collect data including, but not limited to:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Mobile App. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Mobile App.
• Flash Cookies. Certain features of our Mobile App may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Mobile App. Flash cookies are not managed by the same browser settings as are used for browser cookies.
• Web Beacons. Pages of our Mobile App may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, tracking pixels, advertising pixels, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or and for other related Mobile App statistics (for example, recording the popularity of certain Mobile App content and verifying system and server integrity).

4. Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Mobile App is served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies to collect information about you when you use our Mobile App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different mobile apps and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

5. How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Mobile App and its contents to
• To provide you with information, products, or services that you request from
• To fulfill any other purpose for which you provide
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Mobile App or any products or services we offer or provide though
• To allow you to participate in interactive features on our Mobile App.
• In any other way we may describe when you provide the
• For any other purpose with your consent, which includes your prior express written consent

We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you place an order, click on, or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

6. Disclosure of Your Information

We may disclose aggregated information about our users and information that does not identify any individual, without restriction. We may disclose personal information that we collect, or you provide as described in this Privacy Policy:

• To our subsidiaries and affiliates;
• To contractors, service providers, and other third parties we use to support our business and use it only for the purposes for which we disclose it to them;
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Bluon’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Bluon about our Mobile App users is among the assets transferred;
• To third parties to market their products or services to you if you have not opted out of these disclosures;
• To fulfill the purpose for which you provide it;
• For any other purpose disclosed by us when you provide the information; and
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
• To enforce or apply our Terms and other agreements, including for billing and collection purposes; and,
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Bluon, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk

7. Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's Mobile AppWebsite. If you disable or refuse cookies, please note that some parts of the Mobile App may then be inaccessible or not function
• Promotional Offers from the Company. If you do not wish to have your information used by the Company to promote our own or third parties' products or services, you can opt-out via the email feature or by sending an email stating your request to [email protected]. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.
• Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by sending us an email stating your request to [email protected].

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's Mobile App Website. California residents may have additional personal information rights and choices. Please see [Your California Privacy Rights] for more information.

8. Accessing and Correcting Your Information

You can review and change your personal information by logging into the Mobile App and visiting your account profile page. You may also send us an email at [email protected] to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you delete your User Contributions from the Mobile App, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Mobile App users.

9. Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our app that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected].

10. Data Security

We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Mobile App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Mobile App.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Mobile App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Mobile App like message boards. The information you share in public areas may be viewed by any user of the Mobile App.

11. Changes to Our Privacy Policy

It is our policy to notify you if any material changes to how we treat our users’ personal information via the preferred contact method that you select. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Mobile App and this Privacy Policy to check for any changes.