Terms of Use
Please read the following terms and conditions of use (the “Terms and Conditions”) which govern your use of the website located at https://qa.bluevaultpartners.com (referred to herein as the “Website”) and your relationship with Blue Vault, and all individuals and companies associated with this website (collectively referred to as “Blue Vault” or “We”). If you do not agree to these Terms and Conditions, do not use the Website. We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Website. By using the Website following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions. Use of the Website constitutes your acceptance of the Terms and Conditions.
GENERAL TERMS & CONDITIONS
By using the Website, including any software and content contained therein, you agree that use of the Website is entirely at your own risk. The Website is provided to you as a convenience to provide general information about the services available from Blue Vault, but we do not guarantee the accuracy, or completeness of the information.
The website is provided “as is,” without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, services, or uninterrupted access. Specifically, Blue Vault disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, usefulness, or content of information or services; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, or under any other cause of action.
Neither Blue Vault nor any of its employees, agents, successors, assigns, affiliates, or content or service providers shall be liable to you or other third parties for any direct, indirect, incidental, special, or consequential damages arising out of the use of the website or inability to gain access to or use the website or out of any breach of any warranty. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the respective liability of Blue Vault, its employees, agents, successors, assigns, affiliates, and content or service providers’ respective liability is limited to the greatest extent permitted by such state law.
OWNERSHIP
Blue Vault, or one of its customers, clients, or affiliates, is the owner and/or authorized user of any trademark, registered trademark, and/or service mark appearing on the Website, and is the copyright owner or licensee of the content and/or information on the Website unless otherwise indicated. Blue Vault does not grant you a license to any content, features, or materials you may access on the Website. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose. You may, however, print a copy of the information on the Website solely for your personal use or records. If you make other use of the Website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, other copyrightable material, or any other intellectual property, by including them on the Website.
We reserve the right to change any information on the Website, including but not limited to revising and/or deleting features or other information without prior notice to you. Accessing certain links within the Website may provide you with access to other websites for which we assume no responsibility of any kind for the content, availability, or otherwise. (See “Links & Third-Party Content” below.) The content of the Website may vary depending upon your browser functionality and limitations. For example, you may access various Blue Vault client websites by means of the Website.
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, and appropriate data communications equipment.
In consideration of your use of the Website, you agree that you are at least eighteen (18) years of age and you agree: (a) to provide true, accurate, current, and complete information about yourself as prompted by the subscription form (if you complete it, which is optional), and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current, or incomplete, we have the right to terminate your account and refuse any and all current or future use of the Website.
USER CONDUCT
All information submitted to the Website shall be deemed and remain the property of Blue Vault, and we shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information any user provides to the Website. We shall not be subject to any obligations of confidentiality regarding submitted information.
You acknowledge and agree that we may deny you access to all or part of the Website without prior notice if you engage in any conduct or activities that we, in our sole discretion, believe violate any of these Terms and Conditions, violate the rights of Blue Vault, or is otherwise inappropriate for continued access.
While using the Website, you may not:
- upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Website which is protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; or
- upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or derivative works with respect thereto, as the Website is copyrighted as a collective work under U.S. copyright laws; or
- upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export laws and regulations; or
- upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Website for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
- restrict or inhibit any other user from using and enjoying the Website; or
- post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the Website) or engage in spamming or flooding; or
- impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or
- post or transmit any information or software which contains a virus, trojan horse, worm or other harmful components
We have no obligation to monitor the Website. You acknowledge and agree, however, that we do retain the right to monitor the Website and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental requests, to operate the Website properly, or to protect itself or its subscribers.
We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.
SUBMISSIONS TO COMPANY
All information submitted to the Website shall be deemed and remain the property of Blue Vault, and we shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information any user provides to the Website. We shall not be subject to any obligations of confidentiality regarding submitted information.
LINKS & THIRD-PARTY CONTENT
You acknowledge and agree that Blue Vault and any of its business affiliates or customers have no responsibility for the accuracy or availability of information provided by linked websites. Links to external websites do not constitute an endorsement by Blue Vault or its business affiliates or customers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites. We do not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
INDEMNIFICATION
You agree to defend, indemnify and hold Blue Vault and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website or the placement or transmission of any message, information, software or other materials through the Website by you or users of your account or related to any violation of these Terms and Conditions.
GENERAL
The Terms and Conditions and the relationship between you and Blue Vault shall be governed by the laws of the State of Georgia, without regard to its conflict of law provisions. You and Blue Vault each agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Georgia.
The failure of Blue Vault to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have entered into a Subscription or other Agreement with Blue Vault Partners, LLC in order to obtain access to the Blue Vault Research Reporting Service, these general Terms of Use are in addition to, and not in substitution of, the terms and conditions set forth in the Subscription or other Agreement and, in the event of any conflict between these general Terms of Use and the Subscription or such other Agreement, the terms of the Subscription and/or such other Agreement shall control.