Bluenog Corp. Terms of Use

Thank you for visiting the bluenog.com web site (the "Web Site"), which is provided by Bluenog Corp. or one of its subsidiaries (the "Company"). This page states the Terms and Conditions (the "Terms" or the "Agreement") under which you may use the Web Site. Please read this page carefully. By accessing and using the Web Site you accept and agree to be bound, without limitation or qualification, by these Terms. If you do not accept any of these Terms stated herein, do not use the Web Site. The Company may, at its sole discretion, modify or revise these Terms at any time by updating this posting. You are bound by any such modification or revision and should therefore visit this page periodically to review these Terms.

Use of Material
The Company authorizes you to view the material on the Web Site solely for your personal, non-commercial use. Special rules may apply to the use of certain software and other items provided on the Web Site. Any such special rules are listed on the Web Site and are incorporated into this Agreement by reference. You may not, without the prior written permission of the Company, "mirror" any material contained on the Web Site on any other server.

The contents of the Web Site, such as text, graphics, images, audio, video and other material as well as the domain names, tagline, organization and user look-and-feel of the Web Site (collectively, the "Material"), are protected by copyright, trademark and other such laws under both United States and foreign laws, and are owned or controlled by the Company or by third parties that have licensed their Material to the Company. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose without the prior written permission of the Company. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited, without the express written permission of the Company. The trademarks, logos and service marks (the "Marks") displayed on the Web Site are owned by the Company or their respective third parties. You are prohibited from use of those Marks without the express, written permission of the Company or such third party. If you would like information about obtaining the Company's permission to use the Material on your web site, e-mail webmaster@bluenog.com.

If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.

Company's Liability
The Material may contain inaccuracies or typographical errors. The Company makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. Any use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time. Some Material on the Web Site may be provided by third parties and the Company shall not be held responsible for any such Material provided by third parties.

THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND MATERIALS ARE PROVIDED ON AN ‘AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.

Disclaimer of Certain Damages
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.

Links to Third Party Web Sites
The Web Site may contain links to third party web sites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party web sites. The Company is not responsible for the content of linked third-party web sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.

Submissions

Certain parts of the Web Site may ask for written suggestions or problem reports such as using our contact form or problem report form ("Submissions"). In such a case, please read carefully the specific terms, which govern those Submissions ("Additional Terms"). In the absence of Additional Terms, these Terms shall govern your legal rights with respect to those Submissions.

The Submissions shall be deemed the property of the Company. The Company shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to the Company will not be treated as confidential and the Company shall not be liable for any disclosure of the Submissions.

Password Restricted Areas of the Web Site
Certain areas of the Web Site (including, but not limited to, certain technical support pages) are password restricted to authorized users ("Restricted Areas"). If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password and account, and agree to notify the Company if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify the Company of any unauthorized use of your account or any other breach of security in relation to the Web Site known to you.

No Framing

The Web Site is protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Material for the Web Site may be retransmitted without express written consent from the Company for each and every instance.

Use of the Web Site
You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Web Site that are subject to such limitations. As some examples of improper activities when accessing or using the Web Site or Materials, you agree that you shall not:

  • Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
  • Use or attempt to gain access to or use another's account, password, the Materials or computer systems or networks connected to the Web Site without authorization from the Company, whether through hacking, password mining or any other means.
  • Remove or falsely add to any uploaded materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material.
  • Access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through the Web Site.
  • Use any Materials in any manner that infringes any intellectual property rights or other rights of any party.
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Web Site, or any Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Web Site or any affiliated or linked sites.
  • Transmit unsolicited or bulk communications to any of the Company account holders or to any Bluenog.com or affiliated e-mail address.
  • Post or otherwise submit any software, programs or files that are harmful or disruptive of another's equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
  • Create a false identity for the purpose of misleading others.
  • Download any Materials posted that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
  • Disrupt, interfere or inhibit any other user from using and enjoying the Web Site or other affiliated or linked sites, or the Materials.
  • Breach any guidelines or other codes of conduct applicable to the Materials.
  • Access or use the Web Site in any manner that could damage, disable, overburden or impair the Company server(s) or the network(s) connected to the Company server.
  • Violate any applicable laws or regulations related to the access to or use of the Web Site, or engage in any activity prohibited by these Terms.
  • Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
  • Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
  • Violate the rights of the Company or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
  • Use the Company domain name as a pseudonymous return e-mail address.
  • Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by the Company.

Limitation of Liability
Your use of the Web Site is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Web Site or with these Terms, your sole remedy is to discontinue use of the Web Site. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OF THE WEB SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES ARISING FROM ANY USE OF THE WEB SITE, INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES.

Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of these Terms. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Export Control
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials to countries or persons prohibited under the export control laws. By downloading the Materials, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Materials. The Company makes no claims the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

User Information
The Company may use the information it obtains relating to you, including, but not limited to, your Internet Protocol ("IP") address, name, mailing address, email address and use of the Web Site, for its internal business and marketing purposes and may disclose the information to third parties for such purposes, strictly subject to the privacy specifications set forth in the Company's Privacy Statement.

General
All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the State of New Jersey applicable to contracts entered into and performed within the State of New Jersey, without respect to its conflict of laws principles. By using the Web Site, you agree that the exclusive forum for any claims or causes of action arising out of your use of the Web Site is the United States District Court for the District of New Jersey, or any New Jersey State court sitting in Middlesex County. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" for material on particular web pages, this Agreement constitutes the entire agreement between you and the Company with respect to the use of the Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Company.

Notice: Acceptance of Terms and Conditions of Use
Use of the Web Site is subject to these Terms, which constitute a legal agreement between you and the Company. By using the Web Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. Please review these Terms, and if you do not agree to these Terms, do not use the Web Site.

Complaints and further information: In the event of a complaint, or to request further information, the provider may be contacted in writing at Bluenog Corp., 15 Corporate Place South, Suite 214, Piscataway, New Jersey 08854, USA, by telephone at (732) 733-1120, or by e-mail at webmaster@bluenog.com.

The Company reserves the right to change or modify these Terms at any time by posting such change or modification on this page.

Notice Specific to Software and Other Material Available for Download on the Web Site
All software, tools, utilities or other material ("Software") that is made available to download from the Web Site contains proprietary material and confidential information that is protected by applicable intellectual property and other laws. The Software and accompanying documentation that are made available by download from the Web Site are the copyrighted work of the Company. Use of the Software is governed by the terms of the license agreement that accompanies or is included with such Software. You will not be able to download or install any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. If you do not agree to such terms, you will not be able to use the Software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Software available on the Web Site.