These Terms of Use were last modified on July 31, 2024.
Bluepine Company (“Bluepine,” “we,” “us” or “our”) provides household management services through a combination of its employees and its owned and operated software, including the Bluepine software application and the web site located at www.bluepineapp.com (collectively, the services provided by Bluepine, Bluepine employees, and through the application and website are referred to as the “Services”). The following terms and conditions, together with the Privacy Policy located at www.bluepineapp.com (collectively, the “Terms of Use”), govern your access to and use of the Services. As used in these Terms of Use, “you” or “your” refer to you as an individual user or as a representative of an organization on whose behalf you are accepting these Terms of Use. If you are accepting these Terms of Use on behalf of an organization, you represent and warrant that you have full authority to act for and to bind that organization to these Terms of Use. If you do not agree to these Terms of Use, or do not have the necessary authority to enter into these Terms of Use, you shall not access or use the Services. Your use of the Services may be subject to additional terms, guidelines, and policies (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms of Use or will be presented to you in an Order Form or on the Services. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to the Services.
Bluepine’s services are only intended for users who are at least 18 years old. IF YOU ARE NOT AT LEAST 18 YEARS OLD, YOU MAY NOT ACCESS AND USE THE SERVICES.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS, YOU MAY NOT ACCESS AND USE THE SERVICES.
Subject to your compliance with these Terms of Use, Bluepine hereby grants you during the Term (defined below) a nonexclusive, nontransferable, non-sublicensable, limited, revocable license to access and use the Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Services or any content from the Services for any purpose except for your personal use and as described in these Terms of Use, without Bluepine’s express written consent. Bluepine may modify, update, suspend, or discontinue the Services, in whole or in part, at our sole discretion for any or no reason, at any time, and with or without notice to you. Bluepine shall not be liable to any user or other third party for any such modification, update, suspension, or discontinuance.
To access the Services or some of the resources offered by them, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all information you provide on the Services is current, correct, and complete. You agree that all information you provide to register for the Services is governed by our Privacy Policy. If you choose, or are provided with, a username, password, or any other piece of registration or account access information, you must treat such information as confidential. You also acknowledge that your account is personal to you and agree to be responsible for the activity of any other person to whom you provide access to the Services. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We reserve the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion, including if we determine you have violated any provision of these Terms of Use.
Unless otherwise explicitly permitted in a separate agreement with us, you shall not directly or indirectly through or with one or more other persons (a) use, decompile, disassemble, or reverse engineer the Services to (i) build a competitive product or service, (ii) build a product or service using similar ideas, features, functions, or graphics of the Services, or (iii) copy any ideas, features, functions, or graphics of the Services; (b) provide, lease, lend, use for timesharing or service bureau purposes, or otherwise use or allow others to use the content provided by the Services for the benefit of any third party; or (c) remove any copyright, trademark, proprietary rights, disclaimer, or warning notice included on or embedded in any part of the Services.
You represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and that you are not listed on any U.S. government list of prohibited or restricted parties. In addition, when using or accessing the content on the Services, you shall not directly or indirectly through or with one or more other persons: (a) post or transmit any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, or violates any law or right of us or any third party; (b) abuse, harass, impersonate, intimidate, or threaten any user; (c) post or transmit any content that links to marketing schemes or off-topic content; (d) post or transmit any content that contains software viruses or any other computer code, file, or program designed to interrupt, destroy, or limit the features or functionality of any software, hardware, or telecommunications equipment; (e) use any robot, spider, scraper, or other automated means to access or use the content generated by the Services for any purpose without our express written permission, or otherwise take any action that may impose an unreasonable or disproportionately large load on our infrastructure; (f) bypass any measures we may use to prevent or restrict access to or use of the Services, or otherwise interfere or tamper with our administration or the proper working of the Services; or (g) take any other action that is improper, unfair, or otherwise adverse to us or to the operation of the Services or detrimental to any user of the Services.
You shall pay Bluepine the fees set forth on the order page, product information dashboard, or other Bluepine ordering document that specifies your purchase of the Services, pricing, and other information (“Order Form”). If you fail to pay, Bluepine shall be entitled, at its sole discretion, to (i) suspend provision of the Services until you fulfill your pending obligations; (ii) charge you an interest rate designated by Bluepine at the time of invoice; or (iii) terminate these Terms of Use. You are responsible for sales, use, and similar taxes associated with the Services. All payments must be in US dollars.
6.1 Bluepine Technology. The Services and its content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, or our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services, except for temporary storage of such materials on your computer in RAM or caching incidental to your access and viewing of those materials. We reserve all right, title, and interest, express or implied, in and to the Services, our software and systems, our web applications, development tools, System Data, and other application services, and our logos, marks, data, information, and other content we provide (collectively the “Bluepine Technology”). “System Data” means technical, configuration, statistical, utilization, and other information related to the use of the Services.
6.2 Confidential Information. You acknowledge that the Services and all related documentation contain Bluepine’s confidential information and trade secrets. You shall not use the Services for any purpose other than your own personal use and shall not disclose to any third party without the prior written approval of Bluepine, any nonpublic information related to the Services, their features, Feedback, related technical information identified as confidential, or the results of any performance or functional evaluation or test of the Services (“Confidential Information”). You will use no less than a reasonable amount of care to protect such Confidential Information from unauthorized use or disclosure.
As between you and us, you own all data and other content input into the Services by you or on your behalf, which data and other content is not otherwise a part of the Bluepine Technology (collectively, “Your Data”). You hereby grant Bluepine a nonexclusive, royalty-free, fully paid-up, irrevocable, perpetual, worldwide license (with the right to assign and sublicense) to use, display, copy, distribute, modify, make derivative works of, sell and import Your Data (a) to enable us to fulfill our rights and obligations under these Terms of Use and the Privacy Policy, (b) to enable transfer of Your Data between Bluepine customer sites to enhance user experience, and (c) that we anonymize to develop and enable the Bluepine Technology. You (x) warrant that you have obtained or will otherwise obtain when inputted all rights, consents, and permissions necessary to input Your Data into the Bluepine Technology and to grant the foregoing rights to Bluepine, and (y) shall comply with all applicable laws with respect to the collection, use, retention, and disposal of all of Your Data. Bluepine may remove any of Your Data that Bluepine determines to be in violation of the foregoing warranty.
We may suspend your access to the Services, in whole or in part, (a) to prevent damages to, or degradation of, the Bluepine Technology; (b) to comply with any law, court order, or governmental request; or (c) if you violate the terms of these Terms of Use. We will use reasonable efforts to provide you with notice before or promptly following any suspension of access to the Services. These Terms of Use are not to be construed as imposing any obligation on us to monitor Your Data, any data and other content input into the Services, or your use of the Services.
9.1 Term. Unless terminated earlier in accordance with this section, these Terms of Use begin on the date that you accept them and will continue until the end of the period specified in the applicable Order Form (the “Initial Term”). You authorize Bluepine to automatically renew the applicable Services upon the expiration of the Initial Term (each a “Renewal Term”, and collectively with the Initial Term, the “Term”). Each Renewal Term will be the same length as the Initial Term unless otherwise specified by Bluepine at the time of renewal.
9.2 Termination. These Terms of Use terminate automatically if there are no outstanding Order Forms. Order Forms may be terminated pursuant to the provisions contained in the applicable Order Form. Bluepine reserves the right to immediately terminate these Terms of Use or any Order Form if you breach any provision of these Terms of Use or an applicable Order Form. If termination occurs prior to the end of the Initial Term or a Renewal Term, Bluepine may apply an early termination fee to your final invoice. All provisions of these Terms of Use which by their nature should survive termination will survive the termination of your access to the Services, including without limitation, provisions regarding payment obligations, ownership, warranty disclaimers, indemnity, and limitations of liability. Unless in accordance with our internal policies, contractual, legal, or other obligation, you acknowledge and agree that Bluepine has the right to delete Your Data.
Bluepine may provide information about local service providers that provide services that may be relevant to you. BLUEPINE DOES NOT RECOMMEND OR ENDORSE ANY SERVICE PROVIDER AND IS NOT LIABLE OR RESPONSIBLE FOR THE ACTIONS OF SUCH SERVICE PROVIDERS.
You shall indemnify, defend, and hold harmless Bluepine and its affiliates and subsidiaries and successors and each of our and their respective officers, directors, employees, representatives, independent contractors, customers, and agents from and against any and all claims, losses, liability, damages, costs, fees, fines, penalties, charges, and expenses (including reasonable out-of-pocket expenses and attorneys’ fees) arising out of or relating to your breach or alleged breach of any of your representations, warranties, or obligations under these Terms of Use, your violation of a law, your provision or receipt of any products or services to or from any third party, or infringement of the intellectual property rights of Bluepine or a third party.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND. BLUEPINE AND ITS VENDORS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, TITLE, AND NON-INFRINGEMENT. BLUEPINE MAKES NO WARRANTIES AND WILL HAVE NO RESPONSIBILITY WITH RESPECT TO THE RESULTS OF ANY ACTION YOU, OR ANY THIRD PARTY MAY TAKE BASED ON YOUR DATA OR USE OF ANY BLUEPINE TECHNOLOGY, AND BLUEPINE WILL HAVE NO LIABILITY FOR ANY CLAIM ARISING FROM ANY USE OF SUCH INFORMATION OR RESULT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BLUEPINE OR ITS AUTHORIZED REPRESENTATIVES CREATES ANY WARRANTIES OR IN ANY WAY INCREASES THE SCOPE OF BLUEPINE’S OBLIGATIONS UNDER THESE TERMS OF USE. THE SERVICES MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT BLUEPINE AND ITS VENDORS AND LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET AND THAT (A) VIRUSES, WORMS, TROJAN HORSES, MALWARE, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (B) UNAUTHORIZED THIRD PARTIES (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS. BLUEPINE WILL NOT BE LIABLE FOR ANY SUCH ACTIVITIES NOR WILL SUCH ACTIVITIES CONSTITUTE A BREACH BY BLUEPINE OF ITS OBLIGATIONS UNDER THESE TERMS OF USE IN CONNECTION WITH THE BLUEPINE TECHNOLOGY. YOU MAY ACCESS AND BE PROVIDED CONTENT OR OTHER INFORMATION REGARDING PRODUCTS AND SERVICES PROVIDED BY PERSONS AND ENTITIES OTHER THAN BLUEPINE (“THIRD PARTY INFORMATION”). ALL THIRD-PARTY INFORMATION IS PROVIDED AS-IS, WITHOUT WARRANTIES OF ANY KIND. BLUEPINE MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO ANY THIRD-PARTY INFORMATION, OR AS TO THE ACCURACY, CURRENCY, OR COMPREHENSIVENESS OF THE SAME.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BLUEPINE, ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND INDEPENDENT CONTRACTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER APPLICATIONS AND WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE TOTAL LIABILITY OF BLUEPINE AND ITS VENDORS AND LICENSORS TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE TERMS OF USE, THE BLUEPINE TECHNOLOGY, OR THE SERVICES FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED $5,000. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
“Feedback” means suggestions, comments, requests, improvements, modifications, defect, bug, and error reports, and other feedback provided by you or with respect to the Services or any of our offerings. Feedback is voluntary. We are not required to hold Feedback in confidence. You hereby assign to Bluepine all right, title, and interest in and to such Feedback.
15.1 Arbitration. Illinois law governs these Terms of Use, without regard its conflicts of laws provisions. Any controversy or claim arising out of or relating to these Terms of Use, or the breach of these Terms of Use, will be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (the “Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction of the controversy or claim. Notwithstanding the foregoing, if a conflict between the Rules and this Section 15, this Section will govern and control. Any arbitration proceeding must take place in a location mutually agreed upon by the parties. Unless mutually agreed upon by the parties, any arbitration proceedings must be conducted by a single qualified arbitrator, selected in accordance with the Rules. Any arbitrator must not award punitive damages in any case, but may have the authority to award attorney’s fees, costs, and expenses of the arbitration to the prevailing party. The arbitration award will be binding on both parties.
15.2 Mediation. The parties agree that mediation or other alternative dispute resolution may be desirable prior to arbitration. Therefore, following notification in writing, each party agrees to engage in good faith discussions to resolve any dispute, and to discuss in good faith the option of employing mediation or alternative dispute resolution prior to initiating arbitration.
16.1 Waivers. No failure or delay in exercising any right or remedy or requiring the satisfaction of any condition under these Terms of Use, and no course of dealing between you and Bluepine, operates as a waiver or estoppel by Bluepine of any right, remedy, or condition. A waiver made by Bluepine in writing on one occasion is effective only in that instance and only for the purpose that it is given and is not to be construed as a waiver on any future occasion or against any other person. To the extent that any course of dealing, act, omission, failure, or delay in exercising any right or remedy by Bluepine under these Terms of Use constitutes the election of an inconsistent right or remedy, that election does not either constitute a waiver of any right or remedy, or limit or prevent the subsequent enforcement by Bluepine of any provision of these Terms of Use.
16.2 Assignment. Without the prior written consent of Bluepine, you shall neither (a) assign, whether voluntarily or involuntarily, these Terms of Use or any of your rights under these Terms of Use, nor (b) delegate any performance under these Terms of Use except as otherwise expressly permitted by Bluepine in writing. Any purported assignment or delegation in violation of this section will be void. We may assign these Terms of Use and any or all of our rights and delegate any or all of our obligations hereunder by providing notice to you. These Terms of Use bind and benefit you and Bluepine and each of your and our respective heirs, executors, administrators, legal representatives, and permitted successors and assigns.
16.3 Updates to these Terms of Use. Bluepine may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Services and to provide Bluepine notice to remove you from any distribution lists or other communication list that are available to you through your use of the Services. YOUR CONTINUED USE OF THE SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.
16.4 Severability. If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of these Terms of Use will not be affected or impaired.
16.5 Entire Agreement. These Terms of Use are the complete and exclusive expression our agreement on the matters contained in these Terms of Use. All prior and contemporaneous negotiations, term sheets, letters, memoranda, and other discussions and agreements, either oral or in writing, between us on the matters contained in these Terms of Use are expressly merged into and superseded by these Terms of Use. No provision of these Terms of Use may be explained, supplemented, or qualified through evidence of trade usage or a prior course of dealings. In entering into these Terms of Use you have not relied on any statement, representation, warranty, or agreement of Bluepine or any other party except for those expressly contained in these Terms of Use. You may have entered into, or may in the future enter into, one or more separate agreements relating to Bluepine’s provision of products or services not covered by these Terms of Use. These Terms of Use will not affect the terms of such other agreement or agreements and such other agreement or agreements will not affect the terms of these Terms of Use.
16.6 How to Contact Bluepine.
You can contact us via email at support@bluepineapp.com.
To be effective, any notice to Bluepine given in connection with these Terms of Use must be in writing and sent by email, with acknowledgment of receipt by either the intended recipient or other third party confirmation of delivery service (with an automatic “read receipt” not constituting receipt of an email). Notices to you are effective when Bluepine sends such notice by email or through the customer portal. You are responsible for keeping your email of record up to date and for maintaining your portal login information.
Bluepine Company (“Bluepine,” “we,” “us” or “our”) owns, operates, and provides the Bluepine household management and servicing application and the web site located at www.bluepineapp.com (collectively, the services provided by Bluepine, Bluepine employees, and through the application and website are referred to as the “Services”). The following terms and conditions, together with the Privacy Policy located at [insert link] (collectively, the “Terms of Use”), govern your access to and use of the Services. As used in these Terms of Use, “you” or “your” refer to you as an individual user or as a representative of an organization on whose behalf you are accepting these Terms of Use. If you are accepting these Terms of Use on behalf of an organization, you represent and warrant that you have full authority to act for and to bind that organization to these Terms of Use. If you do not agree to these Terms of Use, or do not have the necessary authority to enter into these Terms of Use, you shall not access or use the Services. Your use of the Services may be subject to additional terms, guidelines, and policies (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms of Use or will be presented to you in an Order Form or on the Services. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to the Services.
Bluepine’s services are only intended for users who are at least 18 years old. IF YOU ARE NOT AT LEAST 18 YEARS OLD, YOU MAY NOT ACCESS AND USE THE SERVICES.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS, YOU MAY NOT ACCESS AND USE THE SERVICES.
Subject to your compliance with these Terms of Use, Bluepine hereby grants you during the Term (defined below) a nonexclusive, nontransferable, non-sublicensable, limited, revocable license to access and use the Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Services or any content from the Services for any purpose except for your personal use and as described in these Terms of Use, without Bluepine’s express written consent. Bluepine may modify, update, suspend, or discontinue the Services, in whole or in part, at our sole discretion for any or no reason, at any time, and with or without notice to you. Bluepine shall not be liable to any user or other third party for any such modification, update, suspension, or discontinuance.
To access the Services or some of the resources offered by them, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all information you provide on the Services is current, correct, and complete. You agree that all information you provide to register for the Services is governed by our Privacy Policy. If you choose, or are provided with, a username, password, or any other piece of registration or account access information, you must treat such information as confidential. You also acknowledge that your account is personal to you and agree to be responsible for the activity of any other person to whom you provide access to the Services. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We reserve the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion, including if we determine you have violated any provision of these Terms of Use.
Unless otherwise explicitly permitted in a separate agreement with us, you shall not directly or indirectly through or with one or more other persons (a) use, decompile, disassemble, or reverse engineer the Services to (i) build a competitive product or service, (ii) build a product or service using similar ideas, features, functions, or graphics of the Services, or (iii) copy any ideas, features, functions, or graphics of the Services; (b) provide, lease, lend, use for timesharing or service bureau purposes, or otherwise use or allow others to use the content provided by the Services for the benefit of any third party; or (c) remove any copyright, trademark, proprietary rights, disclaimer, or warning notice included on or embedded in any part of the Services.
You represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and that you are not listed on any U.S. government list of prohibited or restricted parties. In addition, when using or accessing the content on the Services, you shall not directly or indirectly through or with one or more other persons: (a) post or transmit any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, or violates any law or right of us or any third party; (b) abuse, harass, impersonate, intimidate, or threaten any user; (c) post or transmit any content that links to marketing schemes or off-topic content; (d) post or transmit any content that contains software viruses or any other computer code, file, or program designed to interrupt, destroy, or limit the features or functionality of any software, hardware, or telecommunications equipment; (e) use any robot, spider, scraper, or other automated means to access or use the content generated by the Services for any purpose without our express written permission, or otherwise take any action that may impose an unreasonable or disproportionately large load on our infrastructure; (f) bypass any measures we may use to prevent or restrict access to or use of the Services, or otherwise interfere or tamper with our administration or the proper working of the Services; or (g) take any other action that is improper, unfair, or otherwise adverse to us or to the operation of the Services or detrimental to any user of the Services.
You shall pay Bluepine the fees set forth on the order page, product information dashboard, or other Bluepine ordering document that specifies your purchase of the Services, pricing, and other information (“Order Form”). If you fail to pay, Bluepine shall be entitled, at its sole discretion, to (i) suspend provision of the Services until you fulfill your pending obligations; (ii) charge you an interest rate designated by Bluepine at the time of invoice; or (iii) terminate these Terms of Use. You are responsible for sales, use, and similar taxes associated with the Services. All payments must be in US dollars.
6.1 Bluepine Technology. The Services and its content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, or our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services, except for temporary storage of such materials on your computer in RAM or caching incidental to your access and viewing of those materials. We reserve all right, title, and interest, express or implied, in and to the Services, our software and systems, our web applications, development tools, System Data, and other application services, and our logos, marks, data, information, and other content we provide (collectively the “Bluepine Technology”). “System Data” means technical, configuration, statistical, utilization, and other information related to the use of the Services.
6.2 Confidential Information. You acknowledge that the Services and all related documentation contain Bluepine’s confidential information and trade secrets. You shall not use the Services for any purpose other than your own personal use and shall not disclose to any third party without the prior written approval of Bluepine, any nonpublic information related to the Services, their features, Feedback, related technical information identified as confidential, or the results of any performance or functional evaluation or test of the Services (“Confidential Information”). You will use no less than a reasonable amount of care to protect such Confidential Information from unauthorized use or disclosure.
As between you and us, you own all data and other content input into the Services by you or on your behalf, which data and other content is not otherwise a part of the Bluepine Technology (collectively, “Your Data”). You hereby grant Bluepine a nonexclusive, royalty-free, fully paid-up, irrevocable, perpetual, worldwide license (with the right to assign and sublicense) to use, display, copy, distribute, modify, make derivative works of, sell and import Your Data (a) to enable us to fulfill our rights and obligations under these Terms of Use and the Privacy Policy, (b) to enable transfer of Your Data between Bluepine customer sites to enhance user experience, and (c) that we anonymize to develop and enable the Bluepine Technology. You (x) warrant that you have obtained or will otherwise obtain when inputted all rights, consents, and permissions necessary to input Your Data into the Bluepine Technology and to grant the foregoing rights to Bluepine, and (y) shall comply with all applicable laws with respect to the collection, use, retention, and disposal of all of Your Data. Bluepine may remove any of Your Data that Bluepine determines to be in violation of the foregoing warranty.
We may suspend your access to the Services, in whole or in part, (a) to prevent damages to, or degradation of, the Bluepine Technology; (b) to comply with any law, court order, or governmental request; or (c) if you violate the terms of these Terms of Use. We will use reasonable efforts to provide you with notice before or promptly following any suspension of access to the Services. These Terms of Use are not to be construed as imposing any obligation on us to monitor Your Data, any data and other content input into the Services, or your use of the Services.
9.1 Term. Unless terminated earlier in accordance with this section, these Terms of Use begin on the date that you accept them and will continue until the end of the period specified in the applicable Order Form (the “Initial Term”). You authorize Bluepine to automatically renew the applicable Services upon the expiration of the Initial Term (each a “Renewal Term”, and collectively with the Initial Term, the “Term”). Each Renewal Term will be the same length as the Initial Term unless otherwise specified by Bluepine at the time of renewal.
9.2 Termination. These Terms of Use terminate automatically if there are no outstanding Order Forms. Order Forms may be terminated pursuant to the provisions contained in the applicable Order Form. Bluepine reserves the right to immediately terminate these Terms of Use or any Order Form if you breach any provision of these Terms of Use or an applicable Order Form. If termination occurs prior to the end of the Initial Term or a Renewal Term, Bluepine may apply an early termination fee to your final invoice. All provisions of these Terms of Use which by their nature should survive termination will survive the termination of your access to the Services, including without limitation, provisions regarding payment obligations, ownership, warranty disclaimers, indemnity, and limitations of liability. Unless in accordance with our internal policies, contractual, legal, or other obligation, you acknowledge and agree that Bluepine has the right to delete Your Data.
Bluepine may provide information about local service providers that provide services that may be relevant to you. BLUEPINE DOES NOT RECOMMEND OR ENDORSE ANY SERVICE PROVIDER AND IS NOT LIABLE OR RESPONSIBLE FOR THE ACTIONS OF SUCH SERVICE PROVIDERS.
You shall indemnify, defend, and hold harmless Bluepine and its affiliates and subsidiaries and successors and each of our and their respective officers, directors, employees, representatives, independent contractors, customers, and agents from and against any and all claims, losses, liability, damages, costs, fees, fines, penalties, charges, and expenses (including reasonable out-of-pocket expenses and attorneys’ fees) arising out of or relating to your breach or alleged breach of any of your representations, warranties, or obligations under these Terms of Use, your violation of a law, your provision or receipt of any products or services to or from any third party, or infringement of the intellectual property rights of Bluepine or a third party.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND. BLUEPINE AND ITS VENDORS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, TITLE, AND NON-INFRINGEMENT. BLUEPINE MAKES NO WARRANTIES AND WILL HAVE NO RESPONSIBILITY WITH RESPECT TO THE RESULTS OF ANY ACTION YOU, OR ANY THIRD PARTY MAY TAKE BASED ON YOUR DATA OR USE OF ANY BLUEPINE TECHNOLOGY, AND BLUEPINE WILL HAVE NO LIABILITY FOR ANY CLAIM ARISING FROM ANY USE OF SUCH INFORMATION OR RESULT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BLUEPINE OR ITS AUTHORIZED REPRESENTATIVES CREATES ANY WARRANTIES OR IN ANY WAY INCREASES THE SCOPE OF BLUEPINE’S OBLIGATIONS UNDER THESE TERMS OF USE. THE SERVICES MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT BLUEPINE AND ITS VENDORS AND LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET AND THAT (A) VIRUSES, WORMS, TROJAN HORSES, MALWARE, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (B) UNAUTHORIZED THIRD PARTIES (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS. BLUEPINE WILL NOT BE LIABLE FOR ANY SUCH ACTIVITIES NOR WILL SUCH ACTIVITIES CONSTITUTE A BREACH BY BLUEPINE OF ITS OBLIGATIONS UNDER THESE TERMS OF USE IN CONNECTION WITH THE BLUEPINE TECHNOLOGY. YOU MAY ACCESS AND BE PROVIDED CONTENT OR OTHER INFORMATION REGARDING PRODUCTS AND SERVICES PROVIDED BY PERSONS AND ENTITIES OTHER THAN BLUEPINE (“THIRD PARTY INFORMATION”). ALL THIRD-PARTY INFORMATION IS PROVIDED AS-IS, WITHOUT WARRANTIES OF ANY KIND. BLUEPINE MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO ANY THIRD-PARTY INFORMATION, OR AS TO THE ACCURACY, CURRENCY, OR COMPREHENSIVENESS OF THE SAME.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BLUEPINE, ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND INDEPENDENT CONTRACTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER APPLICATIONS AND WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE TOTAL LIABILITY OF BLUEPINE AND ITS VENDORS AND LICENSORS TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE TERMS OF USE, THE BLUEPINE TECHNOLOGY, OR THE SERVICES FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED $5,000. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
“Feedback” means suggestions, comments, requests, improvements, modifications, defect, bug, and error reports, and other feedback provided by you or with respect to the Services or any of our offerings. Feedback is voluntary. We are not required to hold Feedback in confidence. You hereby assign to Bluepine all right, title, and interest in and to such Feedback.
15.1 Arbitration. Illinois law governs these Terms of Use, without regard its conflicts of laws provisions. Any controversy or claim arising out of or relating to these Terms of Use, or the breach of these Terms of Use, will be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (the “Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction of the controversy or claim. Notwithstanding the foregoing, if a conflict between the Rules and this Section 15, this Section will govern and control. Any arbitration proceeding must take place in a location mutually agreed upon by the parties. Unless mutually agreed upon by the parties, any arbitration proceedings must be conducted by a single qualified arbitrator, selected in accordance with the Rules. Any arbitrator must not award punitive damages in any case, but may have the authority to award attorney’s fees, costs, and expenses of the arbitration to the prevailing party. The arbitration award will be binding on both parties.
15.2 Mediation. The parties agree that mediation or other alternative dispute resolution may be desirable prior to arbitration. Therefore, following notification in writing, each party agrees to engage in good faith discussions to resolve any dispute, and to discuss in good faith the option of employing mediation or alternative dispute resolution prior to initiating arbitration.
16.1 Waivers. No failure or delay in exercising any right or remedy or requiring the satisfaction of any condition under these Terms of Use, and no course of dealing between you and Bluepine, operates as a waiver or estoppel by Bluepine of any right, remedy, or condition. A waiver made by Bluepine in writing on one occasion is effective only in that instance and only for the purpose that it is given and is not to be construed as a waiver on any future occasion or against any other person. To the extent that any course of dealing, act, omission, failure, or delay in exercising any right or remedy by Bluepine under these Terms of Use constitutes the election of an inconsistent right or remedy, that election does not either constitute a waiver of any right or remedy, or limit or prevent the subsequent enforcement by Bluepine of any provision of these Terms of Use.
16.2 Assignment. Without the prior written consent of Bluepine, you shall neither (a) assign, whether voluntarily or involuntarily, these Terms of Use or any of your rights under these Terms of Use, nor (b) delegate any performance under these Terms of Use except as otherwise expressly permitted by Bluepine in writing. Any purported assignment or delegation in violation of this section will be void. We may assign these Terms of Use and any or all of our rights and delegate any or all of our obligations hereunder by providing notice to you. These Terms of Use bind and benefit you and Bluepine and each of your and our respective heirs, executors, administrators, legal representatives, and permitted successors and assigns.
16.3 Updates to these Terms of Use. Bluepine may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Services and to provide Bluepine notice to remove you from any distribution lists or other communication list that are available to you through your use of the Services. YOUR CONTINUED USE OF THE SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.
16.4 Severability. If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of these Terms of Use will not be affected or impaired.
16.5 Entire Agreement. These Terms of Use are the complete and exclusive expression our agreement on the matters contained in these Terms of Use. All prior and contemporaneous negotiations, term sheets, letters, memoranda, and other discussions and agreements, either oral or in writing, between us on the matters contained in these Terms of Use are expressly merged into and superseded by these Terms of Use. No provision of these Terms of Use may be explained, supplemented, or qualified through evidence of trade usage or a prior course of dealings. In entering into these Terms of Use you have not relied on any statement, representation, warranty, or agreement of Bluepine or any other party except for those expressly contained in these Terms of Use. You may have entered into, or may in the future enter into, one or more separate agreements relating to Bluepine’s provision of products or services not covered by these Terms of Use. These Terms of Use will not affect the terms of such other agreement or agreements and such other agreement or agreements will not affect the terms of these Terms of Use.
16.6 How to Contact Bluepine.
You can contact us via email at support@bluepineapp.com.
To be effective, any notice to Bluepine given in connection with these Terms of Use must be in writing and sent by email, with acknowledgment of receipt by either the intended recipient or other third party confirmation of delivery service (with an automatic “read receipt” not constituting receipt of an email). Notices to you are effective when Bluepine sends such notice by email or through the customer portal. You are responsible for keeping your email of record up to date and for maintaining your portal login information.
Joshua H.
Lake Forest, IL
Nulla vitae elit libero, a pharetra augue.
New York Times
Book an intro call below to learn more and get started.
Book an Intro / Demo