b) The Materials (defined below) may include technical inaccuracies or typographical errors. BluIP may publish changes to the Materials at any time without notice. BluIP may also make improvements and/or changes in the products and services and/or the programs described in the Materials at any time without notice. BluIP has the right to revise these Materials at any time. By linking, accessing, browsing, and/or using the Sites, You agree to be bound by any such revisions and should therefore periodically visit the Sites.
Restrictions on Use of the Sites and Their Content
As a condition of your use of the Sites, you may not: (a) modify, distribute, display, transfer, post, or transmit any part or parts of the Sites or the Materials without BluIP’s prior written permission; (b) use the Sites for any purpose that is unlawful; (c) use the Sites for any non-personal or commercial activities; (d) use the Sites in any manner which could damage, disable, overburden, or impair the Sites, or interfere with any other party’s use of the Sites; (e) obtain or attempt to obtain or copy any content or information not intentionally made available through the Sites, by, for example, the use of monitoring, data mining, robots, spiders, or similar data gathering and extraction tools; or (f) transmit inappropriate material to or through the Sites, including material that is threatening, defamatory, sexually graphic, inflammatory, or profane. BluIP may edit or remove any transmission it deems inappropriate. All other uses of the Sites, BluIP’s software and the Materials, including, but not limited to modification, publication, transmission, participation in the transfer or sale of, reproduction, creation of derivative works from, distribution, performance, display, incorporation into another Web site, mirroring the Sites or in any other way exploiting any of the Materials, in whole or in part, is not permitted under this limited license and may violate one or more of BluIP’s or a third party’s intellectual property rights and is prohibited without BluIP’s prior express written consent. Except for this limited license, nothing contained herein shall be construed as conferring to You in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of BluIP or any third party.
Termination of Usage
(b) California Legal Notice. Californians have rights to the following information pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538. BluIP, Inc., located at the address below, is the provider of the electronic commercial service on the Sites.
(i) Currently there are no charges to the consumer imposed by BluIP for use of the Sites. BluIP reserves the right to change its pricing and to begin charging for use of all or any portion of the Sites.
(ii) The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210.
Communications with BluIP
Copyright Infringement Notification
BluIP respects the intellectual property of others and asks its content partners and those posting to the Sites to do the same. BluIP’s network may not be used to transmit, retransmit, distribute, post, or store any material that is in violation of any rights of any person including rights protected by copyright, trade secret, patent, or other intellectual property or similar Laws or regulations, BluIP has established procedures for enforcing this statement which are designed to be in accord with the Digital Millennium Copyright Act (“DMCA”). Please see DMCA for a description of the procedures to follow if You believe that Your copyrighted work has been copied and is accessible on any of the Sites in a way that constitutes copyright infringement. Please note that any person who knowingly misrepresents to BluIP that material is infringing shall be liable to BluIP and/or the alleged infringer for any damages (including costs and attorneys’ fees) suffered or incurred by BluIP and/or the alleged infringer as a result of BluIP’s relying on such misrepresentation and removing or disabling access to such material. Similarly, any person who knowingly misrepresents to BluIP that the material was removed or access blocked by mistake or misidentification shall be liable to BluIP and/or the copyright owner, or its authorized licensee, for any damages (including costs and attorneys’ fees) suffered or incurred by BluIP, and/or the copyright owner or its authorized licensee, as a result of BluIP’s relying on such misrepresentation and replacing such removed or blocked material.
(a) The Sites may provide links or references to other sites, including sites provided by the United States government. BluIP has no responsibility for the content of these other sites, does not make any representations or give any warranties with respect to any information contained in or at these other sites, and shall not be liable for any damages or injury arising from the content of these other sites. BluIP does not endorse companies or products to which it has provided links. Any links to other sites are provided merely as a convenience to Users and, if You decide to access any of the third party sites linked to the Sites, You do so entirely at Your own risk. BluIP reserves the right to terminate any link or linking program at any time. You acknowledge that the Sites may link to other Web sites not controlled by BluIP and that BluIP is not responsible for the data collection policies of these sites. (b) There may be circumstances where access to the Sites is provided by a hypertext link located at another Web site. BluIP does not make any representations or give any warranties with respect to any information contained in or at these other sites and BluIP shall not be liable for any damages or injury arising from the content of these other sites. BluIP does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to the Sites at their Web sites. (c) Unless approved in writing in advance by BluIP, You agree not to: (i) provide or create a link to the Sites; and/or (ii) create any frames at any other Web sites pertaining to any of the Materials. Please contact BluIP to seek approval for linking to the Sites.
Products and Services Availability
BluIP is a service provider operating in some, but not all, markets within and outside of the U.S., and may provide access to international information, which information may contain references or cross references to products, programs, and services that are not currently available in Your country. BluIP’s references to such products, programs, and services does not necessarily mean or otherwise imply that the products, programs, and services announced or discussed are available in all countries or all areas of the the United States. Therefore, BluIP may provide access to information that may contain references or cross references to products, programs, and services that are not announced or available in all markets or all markets where BluIP conducts business.
(a) The Materials have been compiled by BluIP from internal and external sources. While BluIP has attempted to provide accurate information on the Sites, no representation is made or warranty given as to the completeness or accuracy of the Materials. In particular, You should be aware that the Materials may be incomplete, may contain errors, or may have become out of date. You should therefore verify information obtained from the Sites before You take any action upon it. No advice or information, whether oral or written, obtained by You from BluIP, shall create any warranty not expressly made herein.
(b) THE SITES ARE PROVIDED ON AN “AS-IS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BLUIP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION, ACCESSIBILITY OR SECURITY OF THE SITES, AND THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE MATERIALS, OTHER CONTENT OR DATA FOUND ON THE SITES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BLUIP DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES BLUIP PROVIDES OR THE SITES EXCEPT AS PROVIDED IN ANY APPLICABLE SLA. INTERFERENCE WITH THE OPERATION OF THE SITES MAY BE CAUSED BY NUMEROUS FACTORS OUTSIDE OF BLUIP’S CONTROL; BLUIP IS NOT LIABEL FOR FACTORS BEYOND ITS CONTROL.
Limitation of Liability
(a) BluIP periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Neither BluIP nor its related parties shall have any liability whatsoever for the resulting unavailability of the Sites or for any loss of data or transactions caused by planned or unplanned system outages or the resulting delay, mis-delivery, or non-delivery of data or other information caused by such system outages, or any third party acts or any other outages of Web host providers or the Internet infrastructure and network external to the Sites.
(a) Applicable Law
(ii) All information available at the Sites is subject to U.S. export control Laws and may also be subject to the Laws of the country where You reside. All BluIP products and publications are commercial in nature. Any Materials copied or downloaded from the Sites for or on behalf of the United States of America, its agencies and or instrumentalities (“U.S. Government”), is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
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