Terms & Conditions of Use
Last updated: January 20, 2011
Thanks for visiting THEBLUEiQ.com. THEBLUEiQ.com (“TBIQ”) is owned and operated by Art & Science For All, Inc. (“ASV”). By using our site, you accept the following terms & conditions of use (“TCU”). If you do not agree to or meet the requirements stated in the conditions below, sorry, but you can’t use our site. Use of THEBLUEiQ.com means that you agree to the terms below.
Although the BLUEiQ product is a great educational tool for children, TBIQ does not sell products for purchase by children. Products are sold for purchase by adults only. If you are under the age of 18, you may only use TBIQ with the consent and involvement of a parent or guardian.
TBIQ reserves the right, at its sole discretion, to make changes in part or in whole to the TCU. We won’t notify you of any changes; it’s your responsibility to check the TCU for any changes. Your use of the site constitutes acceptance of any changes we make.
With or without cause, we reserve the right terminate your access to all or part of TBIQ at any time. We maintain TBIQ purely as a service to members and non-members, and we are in no way obligated to provide the service.
Whether you’re a member or not, we’re more than happy to give you support. Members, of course, take priority. We’ll try our best to respond to you quickly. The best way to reach us is via email at firstname.lastname@example.org.
You consent to receive communications from us electronically. We will communicate with you by posting on TBIQ or by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
Unfortunately, we’re not perfect. We don’t warrant that information provided through TBIQ is complete, accurate, reliable, error-free or current. If there is incorrect information posted on TBIQ, please let us know. We reserve the right to modify or remove any TBIQ content at any time. Any opinions, advice, statements, and other information made by members (“Member Opinion”) are those of the respective author(s) and not of ASV. ASV neither endorses nor is responsible for the accuracy of Member Opinions. Though we try to monitor TBIQ, we have no obligation to monitor TBIQ content and your use of the website is at your own risk.
You agree to be liable for any content posted using your
Account and for any transactions associated with your Account, so keep your login information safe! When you display or publish any content on TBIQ, you warrant and represent that you own the rights of the content or that you’ve obtained the rights allowing you to grant ASV the rights to use the content in any way.
You are definitely not allowed to negatively affect other’s experience using TBIQ through:
1) Posting untrue, misleading, obscene or libelous content;
2) Posting advertisements of any sort;
3) Sending members unsolicited emails;
4) Posting software viruses and/or deceptive or disruptive computer code;
5) Obtaining unauthorized access to member personal information or content; and
6) Taking action to intentionally slow down the TBIQ.
Trademarks & Copyright
THEBLUEiQ.com, BLUEiQ, ASV, Art & Science For All, Art and Science for All, and all TBIQ content, which includes but is not limited to graphics, logos, text, icons, downloads, designs, audio and video are the exclusive property of ASV. TBIQ from time to time will use third party software such as WordPress to enhance the site. Third party software is owned by third party companies and we make no claim to the intellectual property of such companies. You may not use any of the above without the written consent of the respective parties. All rights are reserved.
You agree to indemnify and hold harmless ASV, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees arising out of use of TBIQ, including but not limited to your violation of the TCU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER ASV NOR ITS EMPLOYEES, SUBSIDIARIES AFFILIATES AND SUPPLIERS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PRIVACY, LOST PROFITS, LOST REVENUE LOSS OF DATA, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WTIHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU FROM ASV EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
The TCU comprises the entire agreement between you and ASV concerning the subject matter hereof, and may only be modified by an authorized ASV executive or by the posting of a revised version. Except to the extent applicable by law, if any, provides otherwise, the TCU, any access to or use of TBIQ will be governed by the laws of the state of California.
Sections/headings in the TCU are meant to make the document easier to read and have no binding effect.