Privacy Policy
 
The following Privacy Policy applies to the blue-ware.com website.

Blue Ware Privacy Policy for the Internet. Blue Pencil LLC respects your ability to make informed choices about the collection and uses of your personal information. This privacy policy tells you about our online collection and uses of information that identifies you personally so that you can make an informed choice about using this site. The terms of this policy apply to www.blue-ware.com unless different terms are otherwise specified in a form or contract provided to you by us. The websites of our third party content providers may have different privacy policies and practices from those disclosed here, and we encourage you to become familiar with them. This site is operated by Blue Pencil LLC in the United States. By using this website, you understand and agree that (1) the information collected from this site may be retained indefinitely, and may be stored, accessed, and used in jurisdictions whose privacy laws may be different and less protective than those of your home jurisdiction; (2) Blue Pencil LLC may use this information for a variety of purposes including direct marketing (unless you opt out of receiving direct marketing from Blue Pencil LLC); and (3) unless you opt out of disclosing your personal information to a third party, Blue Pencil LLC may disclose this information to affiliates, subsidiaries, agents, third party content providers and necessary payment processors, whose privacy policies and practices may be different from those of Blue Pencil LLC, and for which Blue Pencil LLC assumes no responsibility.

What We Collect. When you visit this website, some information, such as the site that referred you to us, your IP and email address, and navigational and purchase information, may be collected automatically as part of the site's operation. This information is used to generate user profiles and to personalize the web site to your particular interests. On some occasions we may ask you to provide information on online forms. For example, we may ask for your user name, password, place of birth, full name, telephone number, email address and postal address, or other information to register online, or for your credit card number or other personally identifying information to fulfill licensing transactions or to receive products or services. Whenever you are asked to provide personal information, we will notify you of the purposes for taking such information, usually at the point when the information is collected. Providing information on online forms is always voluntary, and you are free not to complete any online forms. If you choose not to, however, some products and services may not be available to you through our website. We will let you know when certain information is required to carry out the service requested, usually by placing an asterisk or some other designation next to required information (or by letting you know when certain information requested is optional).

How We Use It. The information collected online is stored indefinitely and is used for various purposes, including processing your transactions, customer service, product and service development, responding to your inquiries, direct marketing and marketing analysis and facilitating your use of this website. Unless you tell us otherwise, the information we collect may be shared with our subsidiaries, agents, third party content providers, affiliates and selected other entities for similar purposes.

Your Choices. You may choose not to allow us to disclose your personal information to third parties for purposes other than providing the requested service by selecting the appropriate box at the time of data disclosure, or by sending an email to support@blue-ware.com. In addition, unless you opt out of receiving promotional materials from us, we may notify you of special promotions, new products or services, or other information that may be of interest. You may choose not to receive promotional information from Blue Pencil LLC by checking the appropriate box at the time of information collection or at a later time by sending an email to support@blue-ware.com. (Please note that you may still receive such material from third party content providers, affiliates and other parties to whom we provide your information in the course of doing business.) If you would like to review or revise information you previously provided on an online form, or believe that what we currently have on record is incorrect, you may access, update, or delete your information in the My Account section of this website. If for some reason you are unable to access your data online, you may send an email to support@blue-ware.com, requesting that we update your information for you.

Other Disclosures. We also reserve the right to disclose your personal information if required to do so by law, or in the good faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers or the public.

Cookies. When you visit blue-ware.com, we may place a text file, called a cookie, in the browser directory of your computer's hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. Cookies do not contain your personal information. The information that cookies collect includes the date and time of your visit, your registration information and your navigational and purchase activity. Cookies offer you many conveniences. They allow Blue Pencil LLC, and certain third party content providers, to recognize information, and so can determine what content is best suited to your needs. Cookies also allow you to retrieve previous image search results and view your previous invoices. The domain name of the site server transmitting the cookies is blue-ware.com.

Most browsers allow you to decline cookies, but if you elect to do so, these pages may not display properly. While cookies will be stored in your hard drive for your next visit with us, you are free to delete cookies after your session, and your browser should contain instructions on how to do this.

Links to Other Websites. The sites to which we link, including but not limited to the sites of third party content providers, may have different privacy policies and practices from those disclosed here. These other websites may send their own cookies to visitors, collect data or solicit personal information. We assume no responsibility for the policies or practices of linked sites and encourage you to become acquainted with them.

Safeguarding Your Information. Blue Pencil LLC uses reasonable precautions to keep your personal information secure from loss, misuse and unauthorized access, disclosure, alteration and destruction. When you review your account information or order products from us, we offer the use of a secure server. The secure server software encrypts the information that you imput before it is transmitted to us. Additionally, we have strict security procedures covering the storage and disclosure of your information in order to prevent unauthorized access. This means that sometimes we may ask for proof of identity before we disclose personal information to you. However, we are not responsible for any breach of security or for the actions of third parties.

Policy Regarding Minors. We do not intend to collect personal information from anyone under the age of 18. If you are under 18, you should not enter information on this website and should ask a parent to do so for you.

Notice to European Union Member Citizens and Residents: If you are located outside of the United States of America, please note that Blue Pencil LLC is not a participant of the Safe Harbor program of the U.S. Department of Commerce. Nonetheless, Blue Pencil LLC has made every effort possible to comply with the European Union Commission's guidelines and directives on privacy protection.

Contacting Us. If at any time you believe that we have not followed the above policy, or would like more information regarding your privacy protection, please let us know by sending an email to support@blue-ware.com or by writing to us at PO Box 3306, Dublin, Ohio 43016, Attn: Privacy Policy. We will make reasonable efforts to identify and correct any problem.

We reserve the right to change the terms of this privacy policy at any time, but will not do so without posting the revised policy on this website. We encourage you to review this privacy policy whenever you visit our website to make sure you understand how we use the information we collect.

Terms and Conditions of Use – Website Welcome to the Blue Ware website. Following are the terms and conditions that govern your use of this website. Our Privacy Policy also applies to your use of this website, and its terms are also incorporated into these terms and conditions.

THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BLUE PENCIL LLC ("BLUE PENCIL," BLUE WARE,” "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR PURCHASE ANY PRODUCT. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT CHECK THE BOX INDICATING AGREEMENT, AND DISCONTINUE USING THE WEBSITE.

This website is owned and operated by Blue Pencil. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (collectively, "Content") is owned by Blue Pencil LLC, its licensors and its Content providers.

All elements of our website, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another written agreement with us, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Blue Pencil LLC or its licensors unless otherwise expressly agreed. You shall indemnify Blue Pencil LLC, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.

Blue Ware and the Blue Ware* logo are trademarks of Blue Pencil LLC.

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND BLUE PENCIL LLC EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. BLUE PENCIL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT BLUE PENCIL, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.

Except as specifically stated in this Agreement or elsewhere on this website, or as otherwise required by applicable law, neither Blue Pencil nor its directors, employees, licensors, Content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages. Some jurisdictions do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by applicable jurisdictional provisions.

Blue Pencil LLC uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.

You are responsible for maintaining the confidentiality of your account number, account name and password, if applicable. You are responsible for all activities that occur under your account, including without limitation, all uses of your account number, account name or password by someone else, regardless of whether you expressly authorized the use. You agree to notify Blue Pencil immediately of any unauthorized use of your account or any other breach of security. Blue Pencil LLC will not be liable for any loss that you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Blue Pencil or another party due to someone else using your account or password. You may not use anyone else's account at any time without the account holder's permission.

This website can be accessed from countries around the world and may contain references to Blue Pencil and Blue Ware products or services that are not available in your country. These references do not imply that Blue Pencil LLC intends to announce such products or services in your country.

This website is controlled, operated, and administered by Blue Pencil LLC from its offices within the United States of America ("U.S."). Blue Pencil makes no representation that this website, or the services or materials available through it, are appropriate or available for use at locations outside the U.S., and access to this website from territories where the website or any of its services or materials are illegal is prohibited. If you access this website from a location outside the U.S., you are responsible for compliance with all local laws.

There may be links to other websites from the Blue Ware website; however, these other websites are not controlled by Blue Pencil LLC and we are not responsible for any content contained on any such websites or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Blue Pencil and its directors, employees, affiliates or other representatives regarding the inclusion of links to outside websites or your use of those websites.

The export and re-export of Blue Ware products are controlled by the U.S. Export Administration Regulations, and such products may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any country to which the U.S. embargoes goods. In addition, Blue Ware products may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By downloading a Blue Ware product you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any country to which the U.S. embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

This Agreement shall be interpreted, construed and governed by the laws of the State of Ohio, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the state or federal courts in Franklin County, Ohio, and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Blue Pencil shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Blue Pencil, such action is necessary or desirable.

No action of Blue Pencil LLC, other than an express written waiver or amendment, may be construed as a waiver or amendment of any provision of this Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. We reserve the right to change this Agreement, prices, information and available contractual license terms featured on this website without notice. Blue Pencil will provide notice of material changes to this Agreement on the home page of this website. Your continued use of this website, or any services or materials accessible through it, after such notice has been posted constitutes your acceptance of the changes.

The parties expressly desire this Agreement and all related documents to be written in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.


     
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