Terms of Use

By using this site, www.bluezenith.com, (the “Site”), you agree to the terms and conditions in this Agreement between you and Blue Zenith, LLC (“Blue Zenith”). If you do not wish to agree to the outlined terms and conditions (the “Terms of Use” or “Agreement”), your only recourse is to discontinue use of the Site.

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.

Downloads:

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.

Modified Terms:

Blue Zenith reserves the right at all times to modify any conditions of these Terms of Use and/or our Privacy Policy, a copy of which is available HERE, as Blue Zenith deems necessary or desirable without prior notification to you. If Blue Zenith makes changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.

Copyright:

All content on the Site, including, but not limited to, designs, text, graphics, pictures, video, information, music, sound, and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of Blue Zenith with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Blue Zenith’s prior written permission. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

Trademarks:

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.

Submissions:

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.

Termination:

Blue Zenith may terminate this Agreement at any time.

Governing Law, Venue and Jurisdiction:

You agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Blue Zenith. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Denver, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.

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.