Terms of Use

1. Introduction

This page states the terms and conditions ("Terms") under which you may use www.bluetie.com (the "Web Site" or "Site"). Please read this page carefully. If you do not accept the Terms, do not use the Web Site. By using the Web Site, you are indicating your agreement to be bound by the Terms. If you are a Member of the Site, your use of the Site is also subject to the terms and conditions set forth on this page. BlueTie.com may revise the Terms at any time by posting an update to this page. You should visit this page periodically, because your continued use of the Site after we post changes to the Terms means you accepted the changes. The terms "you" and "user" refer to all individuals and/or entities accessing the Web Site for any reason.

 

2. Use of Material

The contents of the Web Site, including, but not limited to, text, graphics, sounds, images and other material ("Material"), are owned by BlueTie.com and third party service providers ("Service Providers") and are protected by United States and foreign intellectual property laws. Unauthorized use of the Material may violate copyright, trademark and other laws.

BlueTie.com authorizes you to view and download a single copy of the Material on the Web Site solely for your personal, non-commercial use, provided you retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The Material may not be used on any other web site or in a networked computer environment for any purpose.

You may not copy or adapt the HTML or other code that BlueTie.com uses to generate its pages. This code is also protected by BlueTie.com's copyright and other intellectual property rights.

 

3. Site Use

General Rules: You may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, hateful, or otherwise objectionable, in our sole discretion.

Security Rules: You may not violate or attempt to violate the security of the Web Site or use the Site to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization, (c) attempting to interfere with service to any user of the Web Site, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding," "spamming," "mailbombing," or "crashing" the Site, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any BlueTie.com packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. BlueTie.com may investigate violations of the Terms and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

Specific Prohibited Uses: Without limitation, BlueTie.com specifically prohibits any use of the Web Site, and you may not use the Web Site, for any of the following:

 

distributing or otherwise publishing, without our prior approval, any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services;

soliciting other users of the Site to join or become members of any online or other service; or deleting or revising any material posted by any other person or entity.

Option to Remove: All chat and bulletin board communications are public and not private. Although we reserve the right to remove, without notice, any bulletin board posting for any reason, we have no obligation to delete content you may find objectionable or offensive.

 

4. Trademarks

The following are trademarks of BlueTie.com:

BlueTie™

BlueTie.com™

Connected Officing™

blueCards™

InstantBuy™

SecureSend™

SimpleClick™

 

This list is not a comprehensive list of all BlueTie.com trademarks. The absence of a trademark, product or service name or logo from this list does not constitute a waiver of our trademark or other intellectual property rights concerning that name or logo.

All other products, services, and company names mentioned in the Web Site may be trademarks or service marks of their respective owners.

 

5. Linking to the Web Site

If you would like to link to the Site, you must comply with the following. A website that links to the Web Site:

may link only to home page of the Web Site (www.bluetie.com);

should not frame or create a browser or border environment around the Web Site;

should not imply that BlueTie.com is endorsing your web site or your products or services;

should not misrepresent your relationship with BlueTie.com;

should not present false information about products or services on the Site;

should not use our trademarks or logos without prior permission from us; and

should not contain content that we might consider distasteful or offensive.

 

6. Information

Please see BlueTie.com's Privacy Policy for details regarding our use of information collected from users of the Web Site.

 

7. Submissions

By submitting content to the Web Site, including message boards, forum, contests and chat rooms, you grant us and our affiliates the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights, has validly and irrevocably granted you the right to grant the license to us stated above. You also permit any user of the Web Site to access, store, use, display, and copy such content for personal use.

 

8. BlueTie.com's Liability

The Material may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Site and the Material is at your own risk. We reserve the right, at our discretion, to modify, add, or remove portions of the Site at anytime without notice.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material you place on the Web Site.

BLUETIE.COM DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF YOUR OR ANOTHER'S EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND THE MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, AND (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY.

 

9. Limitation of Liability and Remedies

THE MAXIMUM AGGREGATE LIABILITY OF BLUETIE.COM UNDER ANY CONTRACTUAL, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO A REFUND OF PAYMENTS WE RECEIVED FROM YOU DURING THE THIRTY-DAY PERIOD BEFORE THE DATE THE LIABILITY AROSE.

NEITHER WE NOR OUR SERVICE PROVIDERS SHALL BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE WEB SITE, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE, THE SERVICE OR ANY HYPERLINKED WEB SITE.

 

10. Links to Other Sites

The Web Site may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party websites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content, suitability, or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at you own risk.

BlueTie.com cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from BlueTie.com because these sites are owned and operated by independent retailers. We do not endorse any of the goods or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. BlueTie.com does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and activity. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.

 

11. Termination

BlueTie.com reserves the right, at its sole discretion and without liability to you, to immediately terminate your ability to access the Web Site and/or any other service we may provide to you, with or without cause. Without limiting the foregoing, we may terminate your access if we learn you have provided false or misleading information, interfered with other users or the administration of our services, or otherwise not complied with any of the Terms.

 

12. Indemnity

You shall defend, indemnify, and hold harmless BlueTie.com, Service Providers, and their respective officers, directors, employees and agents, from and against any claims or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the Terms, including (without limitation) any claim of infringement. We will notify you of any such claim and will cooperate with you, at your expense, in defending against any such claim or demand.

 

13. Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please notify BlueTie.com's Copyright Agent as set forth in the Notice and Procedure For Making Claims of Copyright Infringement.

 

BlueTie, Inc.

120 Allens Creek

STE 220

Rochester, NY 14618

Phone: 585-586-2000

Fax: 585-586-2268

 

14. General

BlueTie.com makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The Terms are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction of any claims arising under the Terms will lie exclusively with the state or federal courts within Rochester, New York, and you consent to the exclusive personal jurisdiction of such courts if there is a dispute between you and us. You may not institute any action in any form arising out of use of the Web Site, the Materials or the Terms more than eighteen (18) months after the cause of action has arisen. If any of the Terms is found to be invalid by any court having competent jurisdiction, that invalidity will not affect the validity of the remaining Terms, which will remain in full force and effect. No waiver of any Term will be deemed a further or continuing waiver of such provision or any other provision. Except as expressly provided in an end user software license, in the BlueTie.com Membership Agreement, or in another statement by BlueTie.com on the Web Site, the Terms constitute the entire agreement between you and us with respect to the use of Web Site. No changes to the Terms may be made except by a revised posting by us on this page, and no waiver of any Term will be effective unless it is in writing and signed by us.