blueC 802 Inc.
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB (THE "SITE") OF blueC 802 Inc. ("blueC"), AND ARE LEGALLY BINDING ON YOU. READ THEM VERY CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. As used in the Terms, the terms "you" and "your" refer to you as a user of this Site, or to you as a user of information provided by blueC.
Use of Copyrighted Materials/General Use Restrictions
All information, documents, products, software, services and demonstrations provided on this Site, including trademarks, logos, graphics, icons and images (the "Materials") are copyrighted materials owned by or licensed to blueC.
blueC grants you the limited right to display the Materials only on your personal computer and to copy, download, the Materials on this Site, provided that: (1) both the blueC copyright notice (set forth below) and this permission notice appear in the Materials so displayed or copied, (2) such display or copy [or download] is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any copied and printed Materials.
Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis, without the advance written authorization of blueC.
Third Party Content
Certain information and content may be provided by third parties to blueC ("Third Party Content"). The Third Party Content is, in each case, the property of the creator/owner. You agree to only display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner. You further agree that blueC (1) has no control over such Third Party Content, (2) is not responsible for the availability of such Third Party Content, and (3) is not responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such Third Party Content.
You agree not to "frame" or "mirror" any Materials or Third Party Content contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of blueC or its licensors, respectively.
Third Party Interaction
In your use of the Site, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or members or sponsors showing their goods and/or services on or through the Site. Unless otherwise stated, any such correspondence, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that blueC has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
Restricted Areas of the Site
Certain areas of the Site are password restricted to authorized users or require you to provide personal information ("Restricted Areas"). If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password or your employees' passwords and account information, if any, and agree to notify blueC if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify blueC of any unauthorized use of your account or any other breach of security in relation to the Site known to you.
You acknowledge that any unauthorized use of any Materials or Third Party Content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations or/and other applicable laws and regulations, and agree that you are wholly responsible for your actions or the actions of any person using your screen name and/or password. As such, you agree to hold blueC entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by blueC in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your use of the Site or the use of the Site by any person using your screen name and/or password violates any applicable law or regulation, or the rights of any third party.
Your use of this Site is subject to any and all local, state, national and foreign laws, treatises and regulations that may apply. You agree to abide by all such applicable local, state, national and foreign laws, treatises and regulations in connection with the Site and the use of any applicable digital certificate security procedures by which you are bound. In addition, without limitation, you agree not to: (1) use the Site without first completely assessing the risks and nature of the information that it contains or makes available; (2) use information from the Site in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (3) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (4) use the Site to secure or, transmit through, or post on the Site, unlawful, restricted or prohibited, materials.
Your Responsibility for Evaluating the Materials
You agree to assume full responsibility for the evaluation of any content, opinion, information, advice, representation, assurance report or statement contained in the Materials or otherwise available from this Site; nothing on this Site will serve as a substitute for appropriate professional consultation as to legal, insurance, accounting, security, medical, or other professional opinions.
If, at any time, blueC provides a means for you to submit information and material to the Site in the form of chat rooms, threaded discussions, uploads, bulletin board postings or otherwise (each a "Submission"), you acknowledge that you are responsible for each of your Submissions, and that you, and not blueC, will have full responsibility for each of your Submissions, including its legality, reliability, appropriateness, originality and copyright. As such, you agree to hold blueC entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by blueC in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your Submissions, your use of the Site or the use of the Site by any person using your screen name and/or password violates any applicable law or regulation, or the rights of any third party.
Comments and Feedback
blueC welcomes your comments, feedback, questions, requests for information or other communications such as via telephone, email, facsimile or/and regular mail communications, regarding our Site, products, services or otherwise (each a "Communication"). We do not, however, want to receive and do not accept confidential or proprietary ideas, suggestions, materials or other information. By communicating with blueC, you acknowledge that all information contained in any Communication or Submission from you or under your account shall be deemed to be non-confidential. blueC shall have no obligation of any kind with respect to any such information in a Communication or Submission, and shall be free to reproduce, use, disclose and distribute such information to others without limitation. This acknowledgement may only be changed by written agreement of blueC. Further, blueC shall be free to use any ideas, concepts, know-how or techniques contained in any such Communication or Services and Products.
Any services and products offered or described on this Site are offered only pursuant to and subject to the terms and conditions of the blueC Software License and Support Agreement or such other agreement blueC may specifically designate. You expressly agree and acknowledge that any information provided on this Site related to such services or products does not serve to modify, alter, expand, or supplement such terms and conditions, and you may not rely on any statements or representations other than those expressly set forth in such terms and conditions pertaining to the applicable product and/or service.
The Materials contain trademarks, service marks and trade names that are owned by us or our affiliates, and may also contain brand and product names that are trademarks, service marks or trade names of third parties which are owned by their respective owners. blueC™, blueButler™, the blueButler™ logo, and the blueC™ logo are all trademarks of blueC in Canada and the United States. All other marks, names, and logos mentioned herein are the property of their respective owners.
Copyrights and Copyright Agents
All information and screens appearing on this site including documents, products, software and services, graphics, text elements, site design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of blueC, Copyright © 2012 blueC 802 Inc., unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Disclaimer of Warranty
You acknowledge and agree that this Site may include certain errors, omissions, outdated information which may affect the quality of the Materials and the Third Party Content. You acknowledge that neither the Materials nor the Third Party Content have been independently verified or authenticated in whole or in part by blueC, and agree that blueC does not warrant the accuracy, timeliness or reliability of the Materials or the Third Party Content, and further agree that blueC has no liability for any errors or omissions in the Materials and the Third Party Content, whether provided by blueC or its licensors.
blueC, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THIRD PARTY CONTENT AND SUBMISSIONS OF OTHER VISITORS TO THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
blueC DOES NOT REPRESENT OR WARRANT THAT: (1) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (2) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (3) ERRORS OR DEFECTS WILL BE CORRECTED; OR (4) THE SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
blueC has made no independent investigation into the validity, accuracy, reliability or timeliness of any statement, opinion, representation, advice or other information present on or made available through this Site, and blueC expressly disclaims any liability for your or a third parties' use of or reliance on such information or any information accessed from a site linked to this Site.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, blueC SHALL NOT BE LIABLE TO YOU OR A THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR DISPLAYING OR COPYING OR DOWNLOADING ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THIRD PARTY CONTENT, YOUR MISUSE OF THE SITE, OR IN RELATION TO YOUR SUBMISSIONS, FEEDBACK OR COMMENTS. IN NO EVENT SHALL blueC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OF CONTRACT BREACH OR IN TORT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, MATERIALS MADE AVAILABLE THROUGH THE SITE OR THE TERMS (INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE), EVEN IF blueC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH USAGE. IN NO EVENT SHALL blueC'S AGGREGATE LIABILITY EXCEED ONE HUNDRED CANADIAN DOLLARS ($100.00 CDN).
Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
If you are dissatisfied with this Site, your sole and exclusive remedy is to discontinue using it.
You agree to indemnify, defend and hold blueC and its officers, directors, agents, employees and affiliates harmless from and against any and all costs, damages, claims, losses, demands, liabilities, and expenses (including, without limitation, attorney's fees and other professional fees) (collectively, "Claim") arising out of or incurred in connection with (1) your use or misuse of the Site, Materials or Third Party Content; (2) your breach of any of the Terms; (3) your Submissions or Communications or otherwise provided to blueC or the Site; (3) your use of or participation in any of the Restricted Areas, or the use of or participation in any of the Restricted Areas by any person using your screen name and/or password (including without limitation your participation in any discussion area(s), your Submissions and your Communications), violates any applicable law or regulation, or the rights of any third party; (4) your infringement or violation of any intellectual property rights.
Local Laws; Export Control
blueC controls and operates this Site from its headquarters in Canada and makes no representation that the Materials or Third Party Content are appropriate or will be available for use in other locations. If you use this Site from outside Canada or the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials and the Third Party Content.
Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in Canada and in the United States.
You acknowledge and agree that the Materials and the Third Party Content are subject to the Canadian and U.S. Export Administration Laws and Regulations, and that diversion of the Materials or the Third Party Content contrary to Canadian and U.S. law is prohibited. You agree that none of the Materials or the Third Party Content, nor any product or services acquired through the use of the Site, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the Canadian and U.S. Government for such purposes. You agree to comply strictly with all Canadian and U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Modification to Products/Terms
You agree that blueC and its licensors may make changes in the products, services, programs, and prices described in or offered on this Site, if any, at any time without notice, and further agree that blueC can revise these Terms at any time and shall notify you by posting an updated version of the Terms on the Site. You are responsible for regularly reviewing the Terms. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms.
blueC does not monitor your data or transmissions, although blueC does actively monitor accounts for system utilization. However, you agree that, in blueC's efforts to promote good citizenship within the Internet community, if blueC becomes aware of inappropriate use of the Site or any blueC service, blueC may respond. You acknowledge that blueC will report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, blueC will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
If you violate these Terms, blueC reserves the right to terminate service and provision of the Materials and Third Party Content to you without notice. blueC's preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action.
Any action related to these Terms will be governed by Ontario law and controlling Canadian and U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to exclusively and irrevocably submit to the jurisdiction and venue of the state or federal courts, as applicable, located in Ontario, for the resolution of all disputes arising from or related to the Terms and/or your use of the Site.
No joint venture, partnership, employment, or agency relationship exists between blueC and you as a result of the Terms or use of this Site.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of blueC to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by blueC in writing. The Terms comprises the entire agreement between you and blueC and supersedes all prior or contemporaneous negotiations, discussions, communications, understandings or agreements, if any, between the parties regarding the subject matter contained herein. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the Terms unless expressly agreed to in a signed written or signed electronic agreement between blueC and you.
If you have questions regarding the Terms, wish to obtain additional information or otherwise contact blueC, please send an email to info@blueC802.com.