Users agree to provide the Site with accurate information in connection with the purchase of any product purchased or obtained via the Site, and in connection with the "Create a Profile", and to maintain and update such User Information as necessary. With regard to the content of any submissions you make through this Site you agree to remain solely responsible and agree to not submit materials that are unlawful, defamatory, abusive, or obscene. You also agree that you will not submit anything to this Site that violates any right of a third party including copyright, trademark, privacy, or other personal or proprietary rights.
4. Data Usage.
BlueCrest may use information that is recorded about Users, or submitted by Users, and aggregated into groups so that it no longer reflects or references an individually identifiable user, for the purpose of creating statistical summary databases for benchmarking and for use in research and development to create, refine and improve BlueCrest and BlueCrest affiliates’ products and services.
5. The Site.
BlueCrest reserves the right in its sole discretion to modify and/or discontinue any part of the Site or any services or products offered via the Site at any time with or without notice.
6. Links to Other Sites.
The Site may contain links to other sites hosted and/or maintained by third parties. BlueCrest shall not be responsible for the content of any third party sites that may be linked to or from bluecrestinc.com. These links are provided for your convenience and you use them at your own risk. A link to a third party site is not an endorsement of any third party site or service. BlueCrest does not assume any responsibility or liability for the content or use of any third party site or any third party's products and/or services.
Certain software ("Software") that you may download from the Site document templates are the copyrighted works of BlueCrest. Your use of the Software is governed by the terms of any end user license agreement that accompanies the online download process. You may use the Software only in accordance with the terms of any accompanying license agreement and you are prohibited from using, reproducing, copying in whole or in part, distributing, decompiling decrypting, reverse engineering, disassembling, displaying, downloading, storing, transmitting, distributing, selling, or otherwise commercially exploiting any part of the Software. Any third party software you may download via the Site is subject to the terms and conditions of the third party's license agreement with you, if any.
You agree to indemnify and hold harmless BlueCrest, its subsidiaries and affiliates, and their respective officers, employees, and agents from any and all third party claims or demands including reasonable attorney's fees arising out of your use of the Site your breach of these terms of service and/or your infringement of any intellectual property right(s).
9. Disclaimer and Limitation of Liability.
BlueCrest assumes no liability for any errors or omissions contained on or in the Site. The Site is offered to you on an "As Is" basis without a warranty of any kind either express or implied including without limitation any warranty of merchantability or fitness for a particular purpose. BlueCrest disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to any information which is posted to the Site by any third party, including, without limitation, information posted on any related blog. BLUECREST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, OR LOST POSTAGE ARISING OUT OF THE USE OR INABILITY TO USE THE SITE EVEN IF BLUECREST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BLUECREST’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION OF ANY KIND RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED ONE UNITED STATES DOLLAR (US$1.00).
10. Trademarks and Copyrights.
The trademarks, service marks, logos, and trade dress of BlueCrest used on this Site are the intellectual property of BlueCrest and its affiliates and subsidiaries in the United States and throughout the world (collectively "Marks"). All third party trademarks on the Site are the property of their respective owners and are used under applicable law or with the owners' permission. Except as provided by applicable law the Marks may not be used and/or reproduced without the written permission of BlueCrest. Those uses that are authorized must comply with BlueCrest’s trademark usage guidelines (provided when necessary upon request). The images text organization and layout (collectively "Materials") of this site are the exclusive property of BlueCrest and are copyrighted and protected by worldwide copyright laws and treaty provisions. Subject to fair use exceptions BlueCrest does not authorize any downloading, distribution, or republication of any Materials on this site without prior written permission. Any third party copyrighted material appearing on the Site is used under applicable law or with the owner's permission. BlueCrest will enforce its intellectual property rights to the fullest extent permitted under the law.
BlueCrest’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provisions hereunder.
12. Choice of Law and Jurisdiction.
The validity and interpretation of this Agreement and the legal relations of the parties to it shall be governed by the laws of the State of Connecticut without regard to its conflict of laws principles. In the event of a dispute the parties hereto agree to consent to the exclusive jurisdiction of the state and federal courts of the State of Connecticut.