Last Modified: August 15, 2019
your access to and use of BlacktopBI.com, including any content, functionality, and services offered on or
through BlacktopBI.com (the “Site”), whether as a visitor or a registered user.
Policy, you must not access or use the Site.
This Site is offered and available to users who are 18 years of age or older and reside in the United States or
any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age
to form a binding contract with Blacktop and meet all of the foregoing eligibility requirements. If you do not
meet all of these requirements, you must not access or use the Site.
effective immediately when we post them, and apply to all access to and use of the Site thereafter. However,
any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to
any disputes for which the parties have actual notice on or before the date the change is posted on the Site.
agree to the changes. You are expected to check this page from time to time so you are aware of any
changes, as they are binding on you.
3. Accessing the Site
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in
our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is
unavailable at any time or for any period. From time to time, we may restrict access to some parts of the
Site, or the entire Site, to users, including registered users.
To access the Site or some of the resources it offers, you may be asked to provide certain registration
details or other information, including your email address. It is a condition of your use of the Site that all
the information you provide on the Site is correct, current, and complete. You agree that all information you
provide to register with this Site or otherwise, including but not limited to through the use of any
4. Reliance on Information Posted
The information and tools presented on or through the Site are made available solely for general
information purposes and are highly reliant on your own inputs into our system. As a result, we cannot and
do not warrant the accuracy, completeness, or usefulness of the information or results from our available
tools. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and
responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or
by anyone who may be informed of any of its contents.
5. Intellectual Property Rights
The Site 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 Blacktop, 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
No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not
expressly granted are reserved by Blacktop. Any use of the Site not expressly permitted by these Terms of
The Blacktop name and the Blacktop logo, and all related names, logos, product and service names, designs,
and slogans are trademarks of Blacktop or its affiliates or licensors. You must not use such marks without
the prior written permission of Blacktop. All other names, logos, product and service names, designs, and
slogans on this Site are the trademarks of their respective owners.
7. Prohibited Uses
use the Site:
• If you are our direct competitor, except with our prior written consent.
• 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
• To impersonate or attempt to impersonate Blacktop, a Blacktop employee, another user, or any other
person or entity (including, without limitation, by using email addresses associated with any of the
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or
which, as determined by us, may harm Blacktop or users of the Site or expose them to liability.
Additionally, you agree not to:
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with
any other party’s use of the Site, including their ability to engage in real time activities through the
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose,
including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site or for any other
unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the
server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.
8. Monitoring and Enforcement; Termination
We have the right to:
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal
or unauthorized use of the Site.
• Terminate, suspend, or prevent your access to all or part of the Site for any or no reason, including
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 Site. YOU WAIVE AND HOLD HARMLESS BLACKTOP AND ITS AFFILIATES,
LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY
OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER
SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications, or content
provided by any user or third party. We have no liability or responsibility to anyone for performance or
nonperformance of the activities described in this section.
9. Changes to the Site
We may update the content on the Site from time to time, but its content is not necessarily complete or up-
to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation
to update such material.
10. Information About You and Your Visits to the Site
For the avoidance of doubt, we do not link the financial data that you provide to you except for the purpose
of providing results from the tool. We do, however, aggregate your data entries to improve our tool and our
services but do not share user specific information with third parties.
11. Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for
your convenience only. This includes links contained in advertisements, including banner advertisements
and sponsored links. We have no control over the contents of those sites or resources, and accept no
responsibility for them or for any loss or damage that may arise from your use of them. If you decide to
access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to
the terms and conditions of use for such websites.
12. Geographic Restrictions
The owner of the Site is based in the state of Texas in the United States. We provide this Site for use only by
persons located in the United States. We make no claims that the Site or any of its content is accessible or
appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain
countries. If you access the Site from outside the United States, you do so on your own initiative and are
responsible for compliance with local laws.
13. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from
the internet or the Site will be free of viruses or other destructive code. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus
protection and accuracy of data input and output, and for maintaining a means external to our site for any
reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE
FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR
OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY
MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS
AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE
SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. NEITHER BLACKTOP NOR ANY PERSON ASSOCIATED WITH
BLACKTOP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,
SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE
FOREGOING, NEITHER BLACKTOP NOR ANYONE ASSOCIATED WITH BLACKTOP REPRESENTS OR
WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE
WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH
THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, BLACKTOP HEREBY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO
ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR
PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
14. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BLACKTOP, ITS AFFILIATES, OR THEIR
LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR
DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR
USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR
SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED
SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT
(INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER
You agree to defend, indemnify, and hold harmless Blacktop, its affiliates, licensors, and service providers,
and its and their respective officers, directors, employees, contractors, 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
from the Site.
16. Governing Law and Jurisdiction
thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in
accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law
provision or rule (whether of the State of Texas or any other jurisdiction).
instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each
case located in Montgomery County, Texas although we retain the right to bring any suit, action, or
state. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue
in such courts.
17. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF
USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES,
OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
18. Waiver and Severability
or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure
such right or provision.
invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the
19. Entire Agreement
entire agreement between you and Blacktop regarding the Site and supersede all prior and
contemporaneous understandings, agreements, representations, and warranties, both written and oral,
regarding the Site.
20. Your Comments and Concerns
This website is operated by Blacktop Auto LLC, a Texas limited liability company.
All other feedback, comments, requests for technical support, and other communications relating to the