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.

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, 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 or its licensors unless otherwise expressly agreed. You shall indemnify Blue Pencil, 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 registered trademarks of Blue Pencil LLC.

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND BLUE PENCIL 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 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 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/Blue Ware products or services that are not available in your country. These references do not imply that Blue Pencil intends to announce such products or services in your country.

This website is controlled, operated, and administered by Blue Pencil 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 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.

Customers would have the option to file a complaint with the BBB and participate with Blue Ware in conciliation and mediation efforts first through the Better Business Bureau of Central Ohio. After which, if the dispute is not resolved to their satisfaction, and they want to further pursue the matter through arbitration, the customer and Blue Ware would use the BBB’s legally binding arbitration services as a means to resolve the dispute.

No action of Blue Pencil, 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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