Please note, if you are a current customer of Blue Zenith, you may have additional rights and responsibilities under your service agreement with Blue Zenith.
Security and Uptime:
You acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of Blue Zenith. While Blue Zenith makes reasonable precautions against loss or theft of data, Blue Zenith shall not be responsible for any data lost or stolen while transmitting information on the Internet. While it is Blue Zenith’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable at any time for any reason including, without limitation, routine maintenance.
Blue Zenith shall have the right at any time to change or discontinue any aspect or feature of Blue Zenith, including, but not limited to, the software available for download. You are granted a limited, non-exclusive, non-transferable, non-sub-licensable, royalty-free, worldwide license to use the downloaded software as part of a non-commercial website for your personal use. If you would like to use the software on a commercial site, please contact Blue Zenith for licensing terms.
Blue Zenith is a trademark of Blue Zenith, LLC. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Blue Zenith are the property of their respective owners. Trademarks that are located on the Site shall not be deemed to be in the public domain but rather the exclusive property of Blue Zenith, LLC, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Blue Zenith, unless otherwise stated.
Disclaimer of Warranty:
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. IN NO EVENT WILL BLUE ZENITH OR ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR RESULTING FROM THE USE OF SOFTWARE DOWNLOADED FROM THIS SITE.
As Is Basis:
THE USE OF THIS SITE IS MADE AVAILABLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site and/or Blue Zenith (“Submissions”) provided by you to Blue Zenith, are non-confidential and shall become the sole property of Blue Zenith. Blue Zenith shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By posting communications to, on, or through this Site, you shall be deemed to have granted to Blue Zenith a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, advertise with, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
Blue Zenith may terminate this Agreement at any time.
Governing Law, Venue and Jurisdiction:
Attorney Fees and Collection Costs:
In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree that the prevailing party’s reasonable attorney’s fees, court costs, and all other expenses, whether or not taxable by the court as costs, shall be reimbursed by the non-prevailing party, in addition to any other relief to which the prevailing party may be entitled, including, but not limited to, any costs of collection.