Last Revised: 29 September 2010
Effective: 01 February 2009
Your use of Blue Zenith Services is subject to the Terms of a legal agreement between You and Blue Zenith. This document explains the structure and Terms of that agreement.
"Blue Zenith" means Blue Zenith, LLC, a Limited Liability Company based in the State of Colorado, USA.
"Services" means all Blue Zenith web sites (including but not limited to www.BlueZenith.com), content, information, software and services, excluding any goods or services provided to You by Blue Zenith under a separate written agreement.
"You" means You, the user of Blue Zenith Services.
"Terms" means the Terms of Service set forth in this document.
The most recent version of this document is available at: http://bluezenith.com/terms.html
You may not use or in any way access any Services if You do not accept these Terms.
You acknowledge and agree that the form, scope and nature of Services may change without prior notice to You.
You acknowledge and agree that Blue Zenith may stop, permanently or temporarily, providing Services (or any features within any Services) to You at Blue Zenith's sole discretion, without prior notice to You.
In order to access certain Services, You may be required to provide information about Yourself (such as identification or contact information) as part of the registration process for Services, or as part of Your continued use of Services. You agree that any information You provide to Blue Zenith will at all times be accurate, correct and up to date.
You agree to use Services only for purposes that are permitted by
You agree not to access (or attempt to access) any Services by any means other than through the interfaces that are provided by Blue Zenith. You specifically agree not to access (or attempt to access) any Services through any automated means and that You will comply with the instructions set forth in any Services.
You agree that You will not engage in any activity that interferes with or disrupts Services (or any systems, servers or networks which are connected to any Services).
Unless specifically permitted to do so in a separate written agreement with Blue Zenith, You agree that You will not reproduce, duplicate, copy, sell, trade or resell Services for any purpose.
You agree that You are solely responsible for (and that Blue Zenith has no responsibility to You or to any third party for) any breach of Your obligations under the Terms and for the consequences (including any loss or damage which Blue Zenith may suffer) of any such breach.
You acknowledge and agree that You are responsible for maintaining the confidentiality of passwords associated with any account You use to access Services.
You acknowledge and agree that You will be solely responsible to Blue Zenith for all activities that occur under Your account. If You become aware of any unauthorized use of Your password or of Your account, You agree to submit written notification to Blue Zenith immediately at: http://bluezenith.com/email.aspx
The owner of an account used to access Services will be the party who registers with Blue Zenith at the time of the account's creation. Access to any Services account, the contact information for any account owner and the use of any Services requiring said account will NOT be given to unauthorized third parties under any circumstances.
You acknowledge and agree that some information, data, computer files and content (hereafter referred to as "Content") which You may gain access to through Your use of Services is created by third parties not affiliated with, associated with, employed by or in any other manner the responsibility of Blue Zenith. You acknowledge and agree that any such Content is the sole responsibility of its creator and that any such Content is provided to You on an "AS-IS" basis and the reliability, merchantability and quality of said Content is not guaranteed, supported or in any way the responsibility of Blue Zenith.
You acknowledge and agree that some Content presented to You as part of Services may be protected by intellectual property rights which are owned by the originator of said content. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless You have been specifically granted privilege to do so in writing from Blue Zenith or by the owners of that Content, in a separate agreement.
You acknowledge and agree that by using Services You may be exposed to Content that You may find offensive, indecent or otherwise objectionable and that You use Services of Your own volition and at Your own risk.
You acknowledge and agree that You are solely responsible for (and that Blue Zenith has no responsibility to You or to any third party for) any Content that You create, transmit or display while using Services and for the consequences of Your actions (including any loss or damage which Blue Zenith may suffer) by doing so.
Blue Zenith reserves the right (but has no obligation) to review, modify, refuse, remove or otherwise use all Content contained in all Services.
Through access and use of Services You may be permitted to create Content that is stored on Blue Zenith servers and accessible by You in, and in some instances other users of, those Services. You acknowledge and agree that all title, ownership rights, and intellectual property rights concerning any Content You create through use of Services shall become the exclusive property of Blue Zenith and may be used for its business purposes in its sole discretion without any payment, accounting of or compensation to You in any form.
Services may include access (including but not limited to links or hyperlinks) to other web sites or resources. Blue Zenith may have no control over any web sites or resources which are provided by persons other than Blue Zenith. Accordingly, You acknowledge and agree that Blue Zenith is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. In addition, You acknowledge and agree that Blue Zenith is not liable for any loss or damage which may be incurred by You as a result of the availability of those external web sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any such sites or resources.
You acknowledge and agree that Blue Zenith owns and retains all legal right, title and interest in and to Services, including any intellectual property rights which subsist in Services. You agree that You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within Services. You agree that in using Services, You will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
BLUE ZENITH PROVIDES SERVICES TO YOU ON AN "AS IS" AND "AS AVAILBLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF ALL SERVICES AND TERMS. NO USE OF THE SERVICES IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BLUE ZENITH BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, BLUE ZENITH'S COLLECTIVE LIABILITY UNDER ANY PROVISION OF THESE TERMS SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES (IF ANY) YOU PAID TO BLUE ZENITH FOR USE OF SERVICES.
You agree to defend, indemnify and hold harmless Blue Zenith, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
Your use of and access to any Services;
Your violation of any Terms;
Your defense and indemnification obligation will survive these Terms and Your use of any Services.
Blue Zenith welcomes suggestions for enhancing our Services and any accompanying documentation that may result in computer programs, reports, presentations, documents, ideas or inventions relating or useful to Blue Zenith's business. You acknowledge that all title, ownership rights, and intellectual property rights concerning such suggestions shall become the exclusive property of Blue Zenith and may be used for its business purposes in its sole discretion without any payment or accounting to You.
Prices for goods and services available from Blue Zenith are shown in US Dollars. All payments are to be made in US dollars.
You acknowledge and agree that any due diligence required for You to make a sufficiently informed purchase from, or payment to, Blue Zenith for any Services (including any payments that permit You to use Services for access to goods or services provided to You under a separate written agreement), is solely Your responsibility.
You acknowledge and agree that any payment made by You to Blue Zenith (including any payments that permit You to use Services to gain access to other goods and services provided by Blue Zenith to You under a separate written agreement) will be made without guarantee or warranty of any kind.
You acknowledge and agree that before making any payment for access to goods or services provided to You under a separate written agreement that You have read, understand and accept all agreements associated with said good or service.
In the event that any third party makes a claim that a payment made on Your behalf to Blue Zenith for the purposes of gaining access to any Services (including any payments that permit You to use Services to gain access to other goods and services provided by Blue Zenith to You under a separate written agreement) was made fraudulently or through fraudulent means (including but not limited to unauthorized credit card use, misrepresentation of identity or otherwise) You acknowledge and agree to accept full responsibility (including but not limited to financial and legal responsibility) for any damages suffered by Blue Zenith.
Due to the unrecoverable nature of our software products and services Blue Zenith does not offer refunds for software orders under any circumstances. You acknowledge and agree that You have been made clearly aware of this no refund policy prior to making any purchases from, or submitting any payments to, Blue Zenith.
Termination of this or any other existing Agreement between You and Blue Zenith will not grant, produce, create or in any way imply Your eligibility for any refund of any payments made to Blue Zenith by You or on Your behalf.
Your payments, or payments made on Your behalf, to Blue Zenith may be subject to taxation under local laws to which You are subject (including but not limited to all forms of sales tax). You acknowledge and agree that the identification, reporting and payment of any such taxes are solely Your responsibility.
Blue Zenith may make changes to the Terms at any time. When these changes are made, Blue Zenith will make a new copy of the Terms available to You at: http://bluezenith.com/terms.html
You acknowledge and agree that Blue Zenith will treat Your use of any Services after the date on which the Terms have changed as explicit agreement to and acceptance of the new Terms from that point onward.
The Terms will continue to apply until terminated by either You or Blue Zenith as set out below.
If You wish to terminate Your legal agreement with Blue Zenith, You may do so at any time by notifying Blue Zenith of Your intent and providing Blue Zenith with all account, login and access information and resources in use by You for Services. Your notice must be sent, in writing, to Blue Zenith at: http://bluezenith.com/email.aspx
Blue Zenith may at any time, terminate its legal agreement with You, with or without providing notice.
When these Terms come to an end, all of the legal rights, obligations and liabilities that You and Blue Zenith have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions set forth in the Terms shall continue to apply to such rights, obligations and liabilities indefinitely.
You acknowledge and agree that any activity You engage in to be deemed by Blue Zenith as abuse of, or abusive towards in any way, any Blue Zenith officers, directors, employees or agents in any medium or format will result in the immediate suspension or termination of Services with or without notice.
These Terms constitute the entire Agreement between Blue Zenith and You concerning all Services provided to You by Blue Zenith (excluding any goods or services Blue Zenith may provide to You under a separate written agreement), completely replaces any prior agreements between You and Blue Zenith in relation to Services and may be amended only by Blue Zenith with or without notice at any time.
Terms shall be governed by the laws of the State of Colorado, without regard to its conflict of law provisions. You and Blue Zenith agree to submit to the exclusive jurisdiction of the courts of Colorado and You expressly consent to the exercise of personal jurisdiction in the courts of Colorado to resolve any legal matters arising from this Agreement. If any provision of these Terms should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from the Terms if no such modification is possible, and other provisions of these Terms shall remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
Your privacy is very important to us. Any information collected from this website is used solely to establish communication with you about our products and services. By submitting your personal contact information to us through our website, you are giving us permission to use this information to contact you. We respect your privacy and take protecting it very seriously.