Website Terms of Use - Blue Summit Solutions LLC

TERMS AND CONDITIONS OF USE

Welcome to www.bluesummitsolutions.com. This Site is owned and operated by Blue Summit Solutions (“Blue Summit,” “we,” or “us”). These Terms and Conditions (“Terms″) govern your use of our Site,hereafter referred to as “the Site”. These Terms include information about usage, licensing, and intellectual property. Please read these Terms carefully. By using the Site, you consent to these legally binding Terms as well as our Privacy Policy, which is hereby incorporated.

1.    Agreement.  This Term of Use agreement (the "Agreement" or “Terms”) specifies the Terms and Conditions for access to and use of www.bluesummitsolutions.com (the "Site") and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Blue Summit upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.bluesummitsolutions.com/terms. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2.    Privacy.  In addition, when using our Site, you shall be subject to any posted policies, guidelines or rules applicable to use of the Site and any service provided by the Site, including, but not limited to, our Privacy Policy. All such policies, guidelines and rules are hereby incorporated by reference into these Terms of Use.

3.    Ownership. All content included on this site is and shall continue to be the property of Blue Summit or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

4.    Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13.

5.    Intellectual Property Rights. Blue Summit’s trademarks, trade names, logos, and other intellectual property incorporated into the Site are the sole property of Blue Summit Solutions or its licensors and are protected under copyright, trademark, trade secret, and other intellectual property laws. Copying or distributing any material, illustrations, photographs, video, or content from the Site without consent is strictly prohibited. Additionally, any use that constitutes an infringement of any of the above-stated intellectual property rights is prohibited. We, in our sole discretion, reserve the right to remove any content or take any steps deemed appropriate to protect such rights.

6.    Personal and Non-Commercial Use of Website. Blue Summit is for your personal and non-commercial use, unless otherwise specified. You may not use any service provided by the Site for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of Blue Summit. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to this website.

7.    User Responsibilities.  Users of the Site agree to the following guidelines:

a.    You will keep your username and password confidential. You will not share this information with any other person.

b.    You will not create fake accounts for the purpose of spamming users or visitors, collecting personal information with or without consent, or any other deceptive practices.

c.     You will not circumvent, evade, disable, or otherwise interfere with the security of the Site.

d.    You will not infringe the intellectual property rights of others.

 

Additionally, to access certain portions of the Site, you may be required to provide information. The information you provide must be truthful, accurate, and complete. The information you provide is subject to our Privacy Policy, which is hereby incorporated into these Terms.

8.    Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

9.    Indemnification. You agree to indemnify and hold [name of website], its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Site.

10. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. BLUE SUMMIT SOLUTIONS LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

11. Limitation of Liability. BLUE SUMMIT, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF BLUE SUMMIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR BLUE SUMMIT WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BLUE SUMMIT AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO BLUE SUMMIT FOR THE USE OF THE WEBSITE OR ANY SERVICE IT PROVIDES.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

 

12. Use of Information. Blue Summit Solutions LLC reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

13.  Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

(a)  An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b)  A description of the copyrighted work that you claim has been infringed;

(c)  A description of where the material that you claim is infringing is located on the Site;

(d)  Your address, telephone number, and e-mail address;

(e)  A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f)    A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site isTracie Moore, who can be reached by e-mail at hello@bluesummitsolutions.com

14. Governing Law; Venue; Actions. If there is any dispute about or involving the website or the Terms of Use, you agree that any dispute shall be governed by the laws of the State of Colorado, without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Denver County, Colorado.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY SERVICE PROVIDED BY THE SITE, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

ALL PARTIES WAIVE THEIR RIGHTS TO PRESENT CLAIMS IN A CLASS ACTION SUIT.

15. Dispute Resolution.  We believe that it is beneficial to all parties to quickly resolve any potential disputes as efficiently and cost-effectively as possible. In line with this belief, you agree that any disputes arising from your use of the Site will be handled and resolved according to the provisions of these Terms, unless otherwise explicitly stated. If a dispute arises, you agree to first contact us and attempt to resolve any such issues informally.

16. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

17. Waiver. The failure of Blue Summit to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Blue Summit must be in writing and signed by an authorized representative of Blue Summit.

18. Termination. Blue Summit may terminate this Agreement at any time, with or without notice, for any reason.

19. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

20. Entire Agreement This Terms of Use constitutes the entire agreement between you and Blue Summit and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Blue Summit with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. Blue Summit may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

21. Contact Us.  If you have any questions, comments, or concerns about these Terms or our services, please contact us via email at hello@bluesummitsolutions.com.

 

Effective Date: May 24, 2023