Your use of our Internet sites or any of the products or services offered on those sites (collectively, the “Services”)
is subject to these Terms of Use (these “Terms”). We may modify these Terms at any time without notice
to you by posting revised Terms on our sites. Your use of our sites constitutes your binding acceptance of
these Terms, including any modifications that we make.
Some of the Services may be subject to additional posted conditions. Your use of those Services is subject
to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency
between these Terms and any additional posted conditions, the provisions of the additional conditions shall
control.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any
time and for any reason without giving you any prior notice:
1. Restrict, suspend, or terminate your access to all or any part of our Services;
2. Change, suspend, or discontinue all or any part of our Services;
3. Refuse, move, or remove any material that you submit to our sites for any reason;
4. Refuse, move, or remove any content that is available on our sites;
5. Deactivate or delete your accounts and all related information and files in your account;
6. Establish general practices and limits concerning use of our sites.
You agree that we will not be liable to you or any third party for taking any of these actions.
Content on our sites
Our sites include a combination of content that we create, that our partners create. All materials published
on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks,
logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of
our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create
derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or
content on our sites in whole or in part. If you would like to request permission to use any of the content on
our sites, please review our copyright notice and visit our Permissions and Reprints page.
Our site contains content that we create as well as content provided by third parties. This content includes,
among other things, product reviews, white papers, and stock quotes. It also includes information about
products and services offered by parties other than BlueSide, such as product descriptions, specifications,
pricing, availability, and performance. We do not guarantee the accuracy, the integrity, or the quality of
the content on our sites, and you may not rely on any of this content.
Without limitation, we are not responsible for postings by users in the user opinion, message board, or feedback
sections of our sites.
You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate,
and you bear all risks associated with using that content. We have the right, but not the obligation, to remove
any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
Third-party sites, products, and Services
Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject
to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours,
and we are not responsible for any changes to or content on them. Our inclusion on our sites of any thirdparty
content or a link to a third-party site is not an endorsement of that content or third-party site.
We do not sell, resell, or license any of the products or the services that we review, list, or advertise on our
sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities
with third parties, including payment transactions and goods-delivery transactions, are solely between
you and that third party. You agree that we will not be responsible or liable for any loss or damage of any
sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims
related to any product or service should be directed to the appropriate vendor.
Privacy policy
All of the information that we collect from you, such as registration, is subject to our privacy policy. Please
click here to see our full privacy policy.
Your conduct on our sites
If we request registration information from you, you will provide us with true, accurate, current, and complete
information. You will promptly update your registration to keep it accurate, current, and complete. If we
issue you a password, you may not reveal it to anyone else. You may not use anyone else’s password. You
are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately
notify us of any unauthorized use of your passwords or accounts or any other breach of security. You
also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or
damage that may result if you fail to comply with these requirements.
The technology and the software underlying our sites and the Services is the property of BlueSide, our affiliates,
and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer,
grant a security interest in, or otherwise transfer any right to the technology or software underlying our
sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to
use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized
access to our sites.
Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:
1.Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
2.Publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane,
defamatory, infringing, obscene, indecent, or unlawful content;
3.Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage
or adversely affect the operation of another person’s computer, our sites, any software or hardware,
or telecommunications equipment;
4.Advertise or offer to sell any goods or services for any commercial purpose unless you have our written
consent to do so;
5.Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or
chain letters;
6.Download any file that you know or reasonably should know cannot be legally obtained in such manner;
7.Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels
of the origin or the source of software or other material;
8.Restrict or inhibit any other user from using and enjoying any public area within our sites;
9.Collect or store personal information about other end users;
10.Interfere with or disrupt our sites, servers, or networks;
11.Impersonate any person or entity, including, but not limited to, a BlueSide representative, or falsely state
or otherwise misrepresent your affiliation with a person or entity;
12.Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted
through our sites or to manipulate your presence on our sites;
13.Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
14.Engage in any illegal activities.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise
subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically
change your username, delete your posts from our sites, deny you access to our sites, or any combination
of these options.
Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to
access our sites by any means other than through the interface that is provided by BlueSide for use in accessing
our sites. You agree not to use any automated means, including, without limitation, agents, robots,
scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we
have approved in advance and in writing.
Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our
right to comply with governmental, court, and law-enforcement requests or requirements relating to your
use of our sites.
Requests to remove certain content from our sites
If you believe that content you own has been copied and made accessible in a manner that violates your
intellectual property rights, please review our copyright notice.
Indemnification
You hereby agree to indemnify, defend and hold BlueSide and all of our officers, directors, owners, employees,
agents, information providers, affiliates, partners, and licensors (collectively, the “BlueSide Parties”)
harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred
by any BlueSide Party in connection with any claim, including, but not limited to, claims for defamation,
violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out
of:
1. Your use of our sites;
2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by
you;
3. The content, the quality, or the performance of content that you submit to our sites;
4. Your connection to our sites;
5. Your violation of these Terms; or
6. Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for
which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Disclaimers
We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery
of any information or material. We disclaim any responsibility for any harm resulting from downloading or
accessing any information or material on the Internet using search results from our sites. We disclaim any
responsibility for any service outages that are caused by our maintenance on the servers or the technology
that underlies our sites, failures of our service providers (including telecommunications, hosting, and power
providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature,
war, civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT
MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED
ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH
OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD
OF ANY SUCH MATERIAL.
NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES
WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN
THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE
NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS,
OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY
AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE
AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Miscellaneous
These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference,
constitute the entire agreement between you and BlueSide and govern your use of our sites, superceding
any prior agreements that you may have with us.
