We own and operate the following site and the materials contained thereon: THE PUBLIC, NON-PASSWORD PROTECTED PORTION OF BLUECONDUIT.COM (“Site”).
If you have any questions please feel free to contact us at xxx-xxx-xxxx.
2. USE OF SITE.
Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, non-transferable, limited license to access, display and use our Site and its images, designs, photographs, writings, graphs, data, and other materials (“Contents“) found thereon for your personal, public sector, and internal business purposes only. The Contents may not be modified or reposted to other sites or for any other purpose whatsoever. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of our Site and prevent unauthorized copying of Contents. Except as provided in this Agreement, we do not grant you any express or implied right in or under any patents, trademarks, copyrights or trade secrets.
3. PROHIBITED USE OF SITE.
Any use of our Site other than that stated in Section 2 is prohibited.
You are also prohibited from violating or attempting to violate the security of the Site, including without limitation, via the following activities: (i) accessing data not intended for you or logging into a server or account which you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (iv) forging any TCP/IP packet header or any part of the header information in any email.
4. COPYRIGHT AND TRADEMARK.
The Contents, as well as the collection, arrangement and assembly of the Contents, are the exclusive property of BlueConduit and is protected by international and United States copyrights, trademarks, trade secrets, and/or other proprietary rights. The trademarks on our Site may not be used in connection with any other product or service. Any use of the Contents, other than as set forth in Section 2, including reproduction for purposes of modification, distribution, or republication, without our prior written consent, is strictly prohibited. We acknowledge the rights of third parties whose trademarks or registered trademarks are referenced at our Site.
You expressly agree that use of our Site is at your sole risk. Neither we, nor our affiliates, nor any of our officers, directors, employees, agents, third-party content or service providers, or licensors (collectively, “Providers“), represent or warrant that this site will be uninterrupted or error-free; nor do we make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security or currency of the Contents.
THE SITE AND THE CONTENTS, PRODUCTS AND SERVICES ASSOCIATED THEREWITH ARE PROVIDED ON AN “AS IS”, ”WHERE AVAILABLE” BASIS. WE, OUR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND OUR PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SITE AND ANY CONTENTS, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. USE OF THE SITE IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, BLUECONDUIT, AS APPLICABLE, MAKE NO REPRESENTATION OR WARRANTY THAT YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER BLUECONDUIT NOR ITS LICENSORS MAKE ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE EXISTENCE OR INTEGRITY OF BACKUPS, IF ANY, OF CONTENT OR MATERIALS STORED ON THE SITE. BLUECONDUIT AND ITS CONTRACTORS MAKE BACKUPS, IF AT ALL, FOR SERVER RESTORATION PURPOSES ONLY.
6. LIMITATION OF LIABILITIES.
YOU AGREE THAT NEITHER BLUECONDUIT NOR ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR PROVIDERS SHALL BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF CONTENT, OR OTHER PRODUCTS DERIVED FROM OUR SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL WE, OR OUR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR ANY OF OUR PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, PRODUCTS, OR INFORMATION ON OUR SITE OR ANY PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON OUR SITE, YOUR USE OF, OR INABILITY TO USE, OUR SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER BLUECONDUIT OR ANY OF OUR PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU SPECIFICALLY ACKNOWLEDGE THAT YOUR USE OF THE SITE IS A CONVENIENCE, AND THAT YOU HAVE NOT RELIED UPON THE OPERATION, USE OR INFORMATION IN THE SITE FOR ANY REASON WHATSOEVER.
IN THE EVENT THAT ANY OF THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR, INCLUDING OUR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR PROVIDERS, AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID BY YOU RELATED TO THE CONTENTS, PRODUCTS OR SERVICES DESCRIBED ON THIS SITE.
NEITHER BLUECONDUIT NOR OUR MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR PROVIDERS TAKE ANY RESPONSIBILITY OR ASSUME ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS BLUECONDUIT AND BLUECONDUIT’S SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND PROVIDERS, AND THE PARTIES WITH WHOM WE HAVE CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.
As a condition of use of this Site, you shall indemnify, defend and hold BlueConduit and our shareholders, officers, directors, employees, affiliates and providers harmless from and against any and all threatened or actual claims, causes of action, suits, costs, damages and expenses (including reasonable attorneys’ fees) arising out of or related in any way to your use of our Site, the Contents, the products described therein, violation of this Agreement, or of any law or regulation, or violation of any proprietary or privacy right.
8. LIMITATIONS ON CLAIMS.
THE LIMITATIONS CONTAINED HEREIN APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF USER HAS A CLAIM OR A CAUSE OF ACTION ARISING UNDER THIS AGREEMENT AND USER FAILS TO SERVE BLUECONDUIT IN CONNECTION WITH THAT CLAIM OR CAUSE OF ACTION PRIOR TO THE TWELVE (12) MONTH ANNIVERSARY OF THE OCCURRENCE OF THE FACTS GIVING RISE TO THE CLAIM OR CAUSE OF ACTION, THEN USER HEREBY WAIVES, AND COVENANTS NOT TO SUE UPON, SUCH CLAIM OR CAUSE OF ACTION.
9. LINKS TO THIRD PARTIES.
This Site may contain links to Sites maintained by third parties. Such links are provided for your convenience and reference only. If you use these links you will leave our Site. Conversely, Sites operated by entities other than us may contain links to our Site. The linked and linking sites are not under our control and we are not responsible for the contents, software, products or services available on any linked or linking site or any link contained in a linked or linking site or any changes or updates to such sites. We provide links as a convenience only. The existence of any link on our Site does not mean that we endorse, support or accept any responsibility for the content or use of such sites. You are solely responsible for the results and consequences of your use of such links. We reserve the right to discontinue any linked site at any time without prior notice. Please contact the web masters of any linked sites concerning any information, goods and/or services appearing thereon.
10. Site Accuracy
The Site may contain inaccuracies or errors. BlueConduit makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or any content thereon. The use of the Site is at your own risk. Changes are periodically made to the Site and may be made at any time. BlueConduit cannot guarantee and does not promise any specific results from use of Site. No advice or information, whether oral or written, obtained by you from BlueConduit or the Site shall create any warranty not expressly stated herein.
- This Agreement will be governed, construed and enforced in accordance with the laws of the United States of America and the State of Michigan, without regard to its principles of the conflict of laws. Any and all litigation arising from or relating to this Agreement or the Site or the Content, the products and services offered and described thereupon will be filed and prosecuted before any court of competent subject matter jurisdiction in the State of Michigan. The parties hereto consent to the jurisdiction of such courts over them, stipulate to the convenience, efficiency and fairness of proceeding in such courts, and covenant not to allege or assert the inconvenience, inefficiency or unfairness of proceeding in such courts. The parties further agree to the service of process by overnight courier or electronic means, including without limitation, e-mail.
- This Agreement constitutes the entire agreement between you and BlueConduit and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and BlueConduit with respect to your use of our Site and information, products and services associated with them. The failure of BlueConduit to exercise or enforce any term will not constitute a waiver of such term. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Notwithstanding anything in this Section 11(b) to the contrary, this Agreement is subordinate to, and does not supersede, any other past, present or future agreement between you and BlueConduit including without limitation, any click-through agreement to which you assent; to the extent that this Agreement conflicts with any such agreement, then the terms of this Agreement shall be reformed so as to be consistent with such agreement.
- Without limiting its other remedies, BlueConduit may immediately discontinue, suspend, terminate or block your and any user’s access to this site at any time in our sole discretion.
- We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to our Site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. BlueConduit does not and will not assume any obligation to notify you of the changes. Under no circumstance will BlueConduit be liable for any such change, modification, suspension, improvement or discontinuance.
- You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent.
THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated Agent:
Name of Agent Designated to Receive Notification Of Claimed Infringement: […]
Full Address of Designated Agent to Which Notification Should be Sent: […]
Telephone Number of Designated Agent: […]
Facsimile Number of Designated Agent: […]
Email Address of Designated Agent: […]
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), the Notification must include the following:
- An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, and a description of the infringing activity including of where the material which you claim is infringing is located on the Site sufficient to allow us to locate the material;
- Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the Site where it is posted or the name of the book in which it has been published, your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
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