TERMS OF USE AGREEMENT
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: January 07, 2008
Revision: 2
This Terms of Use Agreement sets forth the standards of use of the
BlueSteelhead, LLC Online Service. By using the BlueSteelhead, LLC
website
http://www.bluesteelhead.com you (the "Member") agree to these
terms and conditions. If you do not agree to the terms and conditions
of this agreement, you should immediately cease all usage of this
website. We reserve the right, at any time, to modify, alter, or
update the terms and conditions of this agreement without prior
notice. Modifications shall become effective immediately upon
being posted at BlueSteelhead, LLC website
http://www.bluesteelhead.com.
Your continued use of the Service after amendments are posted constitutes
an acknowledgement and acceptance of the Agreement and its modifications.
Except as provided in this paragraph, this Agreement may not be
amended.
1. Description of Service
BlueSteelhead, LLC is providing Member with an online information service.
Member must provide (1) all equipment necessary for their own Internet
connection, including computer and modem and (2) provide for Member's
access to the Internet, and (3) pay any fees relate with such
connection.
2. Disclaimer of Warranties.
The site is provided by BlueSteelhead, LLC on an "as is" and on an
"as available" basis. To the fullest extent permitted by applicable law,
BlueSteelhead, LLC makes no representations or warranties of any kind,
express or implied, regarding the use or the results of this web site in
terms of its correctness, accuracy, reliability, or otherwise.
BlueSteelhead, LLC shall have no liability for any interruptions in
the use of this Website. BlueSteelhead, LLC disclaims all warranties
with regard to the information provided, including the implied
warranties of merchantability and fitness for a particular purpose,
and non-infringement. Some jurisdictions do not allow the exclusion of
implied warranties, therefore the above-referenced exclusion is
inapplicable.
3. Limitation of Liability
BLUESTEELHEAD, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER,
AND IN PARTICULAR BLUESTEELHEAD, LLC SHALL NOT BE LIABLE FOR ANY
SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES
FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR
RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER
SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN
EQUITY, AT LAW, OR OTHERWISE, EVEN IF BLUESTEELHEAD, LLC HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO
NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS
INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold BlueSteelhead, LLC, its parents,
subsidiaries, affiliates, officers and employees, harmless from any
claim or demand, including reasonable attorneys' fees and costs, made
by any third party due to or arising out of Member's use of the Service,
the violation of this Agreement, or infringement by Member, or other user
of the Service using Member's computer, of any intellectual property or
any other right of any person or entity.
5. Modifications and Interruption to Service
BlueSteelhead, LLC reserves the right to modify or discontinue the Service
with or without notice to the Member. BlueSteelhead, LLC shall not be liable
to Member or any third party should BlueSteelhead, LLC exercise its right
to modify or discontinue the Service. Member acknowledges and accepts that
BlueSteelhead, LLC does not guarantee continuous, uninterrupted or secure
access to our website and operation of our website may be interfered with
or adversely affected by numerous factors or circumstances outside of our
control.
6. Third-Party Sites
Our website may include links to other sites on the Internet that are owned
and operated by online merchants and other third parties. You acknowledge
that we are not responsible for the availability of, or the content located
on or through, any third-party site. You should contact the site
administrator or webmaster for those third-party sites if you have
any concerns regarding such links or the content located on such sites.
Your use of those third-party sites is subject to the terms of use and
privacy policies of each site, and we are not responsible therein. We
encourage all Members to review said privacy policies of third-parties'
sites.
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided
by the Vendors or collected from publicly available sources. While
BlueSteelhead, LLC makes every effort to ensure that the information on
this website is accurate, we can make no representations or warranties
as to the accuracy or reliability of any information provided on this
website.
BlueSteelhead, LLC makes no warranties or representations whatsoever with
regard to any product provided or offered by any Vendor, and you
acknowledge that any reliance on representations and warranties provided
by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts, Commonwealth of Massachusetts
Our website is operated and provided in the Commonwealth of Massachusetts.
As such, we are subject to the laws of the Commonwealth of Massachusetts,
and such laws will govern this Terms of Use, without giving effect to any
choice of law rules. We make no representation that our website or other
services are appropriate, legal or available for use in other locations.
Accordingly, if you choose to access our site you agree to do so subject
to the internal laws of the Commonwealth of Massachusetts.
9. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for
compliance with any such laws. Member may not use the Service in any
way that violates applicable state, federal, or international laws,
regulations or other government requirements. Member further agrees not
to transmit any material that encourages conduct that could constitute a
criminal offense, give rise to civil liability or otherwise violate any
applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design,
text, graphics, interfaces, and the selection and arrangements thereof
is Copyright 2008(C) BlueSteelhead, LLC, with all rights reserved, or is
the property of BlueSteelhead, LLC and/or third parties protected by
intellectual property rights. Any use of materials on the website,
including reproduction for purposes other than those noted above,
modification, distribution, or replication, any form of data extraction
or data mining, or other commercial exploitation of any kind, without
prior written permission of an authorized officer of BlueSteelhead,
LLC is strictly prohibited. Members agree that they will not use any
robot, spider, or other automatic device, or manual process to monitor
or copy our web pages or the content contained therein without prior
written permission of an authorized officer of BlueSteelhead, LLC.
BlueSteelhead(TM), bluesteelhead(TM), bluesteelhead.com(TM),
FishFinder(TM)
and any BlueSteelhead logos
appearing on the website
http://www.bluesteelhead.com are
proprietary marks of BlueSteelhead, LLC. BlueSteelhead, LLC's
trademarks may not be used in connection with any product or service
that is not provided by BlueSteelhead, LLC, in any manner that is
likely to cause confusion among customers, or in any manner that
disparages or discredits BlueSteelhead, LLC.
All other trademarks displayed on BlueSteelhead, LLC's website are
the trademarks of their respective owners, and constitute neither
an endorsement nor a recommendation of those Vendors. In addition,
such use of trademarks or links to the web sites of Vendors is not
intended to imply, directly or indirectly, that those Vendors endorse
or have any affiliation with BlueSteelhead, LLC.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted
through the Digital Millennium Copyright Act, BlueSteelhead, LLC
designates the following individual as its agent for receipt of
notifications of claimed copyright infringement.
By Mail:
BlueSteelhead, LLC
P.O. Box 161
Sharon, MA 02067
By Telephone: 781-583-1650
By Email: info@bluesteelhead.com
12. Termination of Access
BlueSteelhead, LLC retains the right to terminate Member access to the
BlueSteelhead, LLC website
http://www.bluesteelhead.com at our sole discretion. Inappropriate
use of the website will be grounds for immediate termination of access.
Inappropriate uses include, but are not limited to, transmitting any
content that: (a) is defamatory, abusive, harassing, insulting,
threatening, or that could be deemed to be stalking or constitute an
invasion of the rights of privacy of another person; (b) is bigoted,
hateful, or racially or otherwise offensive; (c) is violent, vulgar,
obscene, pornographic or otherwise sexually explicit; (d) is illegal
or encourages or advocates illegal activity or the discussion of
illegal activities with the intent to commit them; (e) infringes or
violates any copyright, patent, trademark, trade secret, proprietary
or contractual rights, rights of privacy or any confidentiality
obligation.
13. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void
or unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and
shall remain valid and enforceable to the maximum possible extent.
You agree that this Terms of Use Agreement and any other agreements
referenced herein may be assigned by BlueSteelhead, LLC, in our sole
discretion, to a third party in the event of a merger or acquisition.
This Terms of Use Agreement shall apply in addition to, and shall not
be superseded by, any other written agreement between us in relation to
your participation as a Member. Member agrees that by accepting this
Terms of Use Agreement, Member is consenting to the use and disclosure
of their personally identifiable information and other practices
described in our Privacy Policy Statement.
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