TERMS AND CONDITIONS OF WEBSITE USE
1) Use of the Website.
a) This is an Agreement between you and Blue Dasher Technologies, the owner of the website located at www.bluedashertech.com (the “Website”). Your acceptance of the terms of this Agreement shall be demonstrated by accessing the Website or any subpage of the Website, including clicking any button or link containing the words “Enter”, “I agree” or similar syntax, whether you have read these terms and conditions or not. You are encouraged to print a copy of this Agreement for your personal records.
b) If you do not agree to be bound by the terms of this Agreement, you may not enter or use the Website, and you must exit the Website immediately. You agree to use and access the Website only in accordance with the terms of this Agreement. Please consult this Agreement regularly to ensure that you have read the most recent version of this document.
c) Blue Dasher Technologies authorizes you to view and download the materials at this Website (this “Website”) only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials.
d) You are solely responsible for obtaining access to the Website, including but not limited to the payment of all Internet access fees, and provision of equipment needed to access or participate at or through the Website.
e) We reserve the right to modify this policy at any time, for any reason and in any manner. Your use of this Website after such modifications have been posted at or through the Website shall be deemed your acceptance of such modified terms and conditions. We may change, suspend or discontinue any aspect of the Website at any time. We may also impose limits on certain features and services or restrict access to parts or the entire Website without notice or liability.
2) Content.
a) The Website contains information, images, photographs, videos, streaming media, graphical displays, text, and other materials (collectively, the “Content”) that are provided for your review, convenience and enjoyment. You understand and agree that the Content might contain errors, omissions, inaccuracies, misinformation or outdated information. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and shall not be liable for any lack of the foregoing. Descriptions of, or references to, services, claims, products or publications at, through or within the Website does not imply endorsement of any service, claim, product or publications.
b) All Content, including any images, logos and text, is copyrighted and may not be distributed, reproduced, publicly displayed, downloaded, modified, or otherwise used except as provided herein without the express prior written permission of Blue Dasher Technologies.
c) All product and service names, regardless of whether they are accompanied by a trademark symbol, are trademarks of Blue Dasher Technologies, its affiliates, related companies, or its licensors unless otherwise noted. The use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes and/or regulations.
3) Use of Software.
a) Your use, installation or downloading of software, applications, or data (collectively, “Software”) from this Site indicates your acceptance of, and is subject to, the license terms in the license agreement that accompanies or is provided with the Software. If no such agreement accompanies or is provided with the Software, then you agree that you accept a limited, nonexclusive, nontransferable, personal license to access, view and use the Software.
b) The Software is solely for your personal, non-commercial use, and all other uses are strictly prohibited. We reserve the right, but not the obligation, to limit the scope, type or amount of Software accessible to you. Any use of the Software or this Website outside of the terms of this Agreement terminates this limited license immediately.
c) You represent and warrant that you will not (i) copy or redistribute any of the Content, unless expressly permitted to do so by the Website, (ii) translate, disassemble, decompile, reverse engineer, alter or modify the Software or make any copies of any documentation or Software (except one copy for back-up or archival purposes only), (iii) sell, assign, or sublicense the Software to any other person or entity.
d) YOU UNDERSTAND AND AGREE THAT BLUE DASHER TECHNOLOGIES DISCLAIMS, AND YOU ACCEPT THE SOFTWARE WITHOUT, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE.
4) No Duplication. Unless otherwise authorized by the Website, you shall not copy or duplicate the Website or the Content, in part or in whole, unless expressly permitted by this Agreement.
5) Linking.
a) If you create a link to this Website, you shall not create a browser or border environment around any of the Content. Similarly, framing or utilizing any framing techniques in connection with the Website or any of the Contents contained therein is strictly prohibited. You may link to the Website’s homepage (i.e., www.bluedashertech.com), but shall not “deep link” past the homepage or replicate the Content. In addition, you shall not imply that the Website is endorsing or sponsoring any services or products on any third party website.
b) The Website contains links and pointers to other World Wide Web sites and resources. If you click on these links, you will be redirected to other websites that are neither owned nor controlled by Blue Dasher Technologies (collectively, “Third Party Sites”). We have no control over the statements, products or services featured or sold at the Third Party Sites. Links to Third Party Sites do not constitute an endorsement by Blue Dasher Technologies of the Third Party Sites, nor any of the statements, products or services offered or sold at the Third Party Sites.
6) Overuse. You shall not take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure. In addition, you shall not use any device, software or routine to bypass any operational element of the Website, nor shall you interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted at or through the Website.
7) Warranties; Limitations.
a) THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BLUE DASHER TECHNOLOGIES MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT (i) THE CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSIBLE THROUGH THE WEBSITE, (ii) ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR, (iii) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE.
b) BLUE DASHER TECHNOLOGIES DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Blue Dasher Technology DOES NOT WARRANT THAT THE WEBSITE, THE SOFTWARE, OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLUE DASHER TECHNOLOGIES DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE OR SOFTWARE ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE.
c) Under no circumstances shall Blue Dasher Technologies be liable for any special, incidental, indirect, punitive or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Website or the Software even if we have been advised of the possibility of such damages.
8) Indemnity. You agree to indemnify Blue Dasher Technologies, its officers, employees, owners, representatives, agents, subsidiaries, affiliates, officers, partners, suppliers, and licensors (hereinafter individually and collectively referred to as “Indemnitees”) and Blue Dasher Technologies agrees to control any litigation, negotiations, discussions, settlements, or associated dealings, for any claims, demands, penalties, fines, liabilities, attorneys’ fees, court costs, legal expenses and causes of action of any nature, whether civil or criminal, for losses and/or damages of any kind which may be brought against Blue Dasher Technologies and/or Indemnitees, in any way, directly or indirectly, incident to, arising out of, in connection with or resulting from your use of the Website.
9) Privacy. By accessing the Website or using the Software, you agree to the terms of the Website’s privacy policy, as that policy may be modified by Blue Dasher Technology from time to time.
Miscellaneous. This Agreement shall be governed in accordance with the laws of the State of Florida. You consent to the sole and exclusive jurisdiction of the courts in Miami-Dade County, Florida, for any and all claims, controversies, and causes of action arising out of, or related to, your access or use of the Website, the Software and/or the Content. In the event that litigation is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to an award of the reasonable attorneys’ fees and costs that it incurred in such litigation.