Terms of service.
License and Terms of Service
This license and terms of service (“Terms”) constitutes an agreement between you and BLUVUE L.P., a Delaware limited partnership (“BluVue”), which is the owner and operator of the Dirt Solver mobile application (https://app.dirtsolver.com) and the associated website (http://www.dirtsolver.com). These Terms govern your use of the Dirt Solver mobile application, website, and any other platforms that link to these Terms (collectively, the “Platform”). By accessing, or using any of the services provided by, the Platform, you agree, on your own behalf and on behalf of any entity, organization or individual that you represent or for which you access the Platform, to be bound by and comply with these Terms and to comply with all applicable laws and regulations, including your agreement to receive notices from and otherwise transact with BluVue electronically. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING THE PLATFORM. BY ACCESSING THE PLATFORM, YOU ARE AGREEING TO COMPLY WITH THESE TERMS, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS THE PLATFORM OR USE ANY SERVICES PROVIDED BY BLUVUE.
BluVue is Available “AS-IS”
Though we do our best to provide a great service, there are certain aspects about the service we can’t promise. You understand that we cannot and do not guarantee or warrant that content available from the Platform will be free of viruses or other destructive code. BluVue will have no responsibility for any harm to your computer system, loss or corruption of data, or any other harm that results from your access to or use of the Platform. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platform for any reconstruction of any lost data. YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. A part of this disclaimer doesn’t apply to some states where the law prohibits. Definitions Application. Application means the Dirt Solver Mobile Application (https://app.dirtsolver.com). Content. Content means all PDF files, plans, data, text, images, and all other information and materials uploaded by your or on behalf of you to the Site or the Application in connection with your use of the Service. Device. Device means any authorized device used to access the Application. Service. Service means the server-based functionality that converts your Content into one or more proprietary formats that facilitate rapid and efficient viewing on the Site or on your Device using the Application. Site. Site means the “Dirt Solver” website (http://www.dirtsolver.com) used to upload and view Content in connection with the Service.
License to Use
Platform. Subject to your compliance with these Terms, BluVue grants to you a non-exclusive, non-transferable, revocable right to access and use the Platform on a single Device upon registration. You can register by visiting the Site and clicking on the “create account” button, or by downloading the Application and clicking the “create account” button. During registration, you will provide an email address and create a password (“Credentials”). These are your Credentials for accessing the Platform. You agree that BluVue may use your Credentials to authenticate you on the Application or Site. You are responsible for all uses of the Platform using your Credentials, including use by others to whom you have given your Credentials. You, not BluVue, shall be responsible for maintaining and protecting your Credentials and your Content. If your contact information, or other information relating to your account changes, you must notify BluVue promptly and keep your information current. You are solely responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify BluVue of any unauthorized use of your account or if your email or password has been hacked or stolen. If you discover that someone is using your password or account without your consent, or you discover any other breach of security, you agree to notify BluVue immediately at support@dirtsolver.com. BluVue reserves the right to suspend or discontinue your use of all or part of the Platform at any time without prior notice. BluVue makes no representation that the Platform or the Platform content is appropriate or available for use in locations other than the United States. If you choose to access the Platform from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws. Application. Subject to these Terms, BluVue grants to you a non-exclusive, nontransferable, revocable license to install and use the Application solely to use the Service on any Device that you own or control. The Application may be accessed by no more Devices than the specified number of licenses and the license cannot be shared or used by more than one Device, but may be reassigned to a new Device which replaces the former Device as long as such former Device no longer connects to the Application or the Service. For billing purposes, the license count is determined by the number of Devices that connect to the Platform. In the event the number of Devices accessing the Platform exceeds the number of Devices for which licenses have been granted, BluVue will invoice you for any additional Devices for the remainder of the then current subscription term on a pro-rated basis in accordance with the fees listed on our Site. Restrictions. You acknowledge that BluVue, its licensors, or other providers of such material, own all right, title, and interest in the Service, the Platform, and any other BluVue software and intellectual property rights, and all graphics, logos, service marks, and trade names, including third-party names, product names, and brand names related to the Services and Platform (collectively, “BluVue IP”). The Platform, its entire contents, features, and functionality, and all other BluVue IP are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as expressly stated herein, these Terms do not grant you any intellectual property rights in the Service, the Platform, or any other BluVue IP, and all rights not expressly granted are reserved by BluVue. You may not access, use, or copy any portion of the Platform or the Platform content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Platform content. You shall not modify, port, adapt or translate the Platform software. You shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform software.
Content
Your Content. You may upload Content to the Site or the Application in connection with your use of the Service. BluVue does not verify, endorse, or claim ownership of any Content, and you retain all right, title, and interest in and to the Content. Such Content shall be stored and/or backed-up on BluVue servers or on servers of trusted third parties as necessary for BluVue to provide the Service, and in accordance with BluVue’s then-current storage practices. Aside from the rare exceptions identified in the Privacy Policy [http://www.dirtsolver.com/Privacy], BluVue will not share your Content with others without your permission. BluVue does not guarantee any confidentiality with respect to Content even if it is not published through our Platform. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your Content, and BluVue does not accept any responsibility for the same. You shall not submit any Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from Content that you submit. BluVue is not responsible or liable to any third party for the content or accuracy of any user contributions posted by you or any other user of the Platform. You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not BluVue, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness. Your Representations and Warranties Regarding Content. You represent and warrant that (a) you are the owner, licensor, or authorized user of all Content; and (b) you will not upload, record, publish, post, link to, or otherwise transmit or distribute Content that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any person, including BluVue, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic, lewd, or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising), (viii) may give rise to any claim against BluVue, you, or any other person, or (ix) includes messages or communications that are offensive, are likely to cause annoyance, inconvenience, or anxiety to another internet user, or constitute spam or bulk unsolicited mail, is strictly prohibited and may result in the termination of your account and/or legal proceedings as well as reporting to local authorities as appropriate. BluVue Access to Content. By submitting Content to us, simultaneously with such posting, you automatically grant, or represent or warrant that the owner if different, has expressly granted, to BluVue (and, to the extent necessary to provide services to BluVue, its licensors and licensees) a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the Content (in whole or in part) as BluVue, in its sole discretion, deems appropriate. BluVue may exercise this grant in any format, media, or technology now known or later developed for the full term of any copyright that may exist in such Content. You acknowledge that the Services are automated (e.g., Content is uploaded and submitted using software tools) and that BluVue personnel may access any Content to perform the Services, including but not limited to the following: (a) during a Service interruption, as necessary to restore the applicable Content; (b) to troubleshoot any issue with the Service or to help improve the Service; or (c) as deemed necessary or advisable by BluVue to ensure compliance with these Terms or to conform to legal requirements or comply with legal process. Sharing Content. The Service provides features that allow you to share Content with others or to make it public. By creating a post on the Site, you grant other users permission to access your Content and to use, copy, modify, reproduce, distribute, publicly display, and publish your Content as permitted by the functionality of the Platform and these Terms. BluVue has no responsibility for such activity. You should consider carefully what you choose to share or make public. Third-Party Information Collection. BluVue uses third-party service providers such as Google Maps/Earth services, including the Google Maps API(s), USDA SSURGO, FEMA National Flood Hazard Layer, and TIGER/lines US Census Bureau. Certain third parties may use automatic information collection technologies to collect information about you or your Device. These third parties may include: (a) Advertisers, ad networks, and ad servers. (b) Analytics companies. (c) Your mobile device manufacturer. (d) Your mobile service provider. These third parties may use tracking technologies to collect information about you when you use this Platform. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. We do not control these third parties' tracking technologies or how they may be used. Use of these respective services is subject to their privacy policies and terms of use such as Google Maps/Earth Additional Terms of Use, and the Google Privacy Policy, USDA, FEMA, and TIGER Roads. If you have any questions, you should contact the responsible provider directly. These service providers are responsible for their own compliance with data protection laws. The Platform uses the Federal Emergency Management Agency’s API, but is not endorsed by FEMA. BluVue has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. BluVue is not responsible for the availability or content of such third-party links, web sites, products or services. If you decide to access any of the third-party websites linked to the Site or Application, You do so entirely at your own risk and subject to the terms and conditions of use for such websites. You acknowledge and agree that BluVue shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
Disclaimer of Warranties
You acknowledge that the Service and the Platform rely on techniques that convert Content into proprietary formats in order to attempt to render images more quickly and efficiently than do other formats. While BluVue strives to ensure that its conversion techniques do not alter any part of the Content, it does not guarantee that no alteration will ever occur or that what is displayed in the Application or on its Site will at all times be a real-time exact rendering of the Content given the effect of short time delays associated with BluVue’s conversion techniques. BluVue is not responsible for the accuracy, completeness, appropriateness, or legality of the Content, files, user posts, or any other information you may be able to access using the Service. Ultimately it is your responsibility to check that your Content as displayed on the Site or the Application is an accurate rendering of your Content as originally uploaded. THE SERVICE AND THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND. BLUVUE SHALL NOT BE RESPONSIBLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OR CORRUPTION OF DATA OR CONTENT, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SITE. TO THE FULL EXTENT PERMITTED BY LAW, BLUVUE, ITS AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE, THE APPLICATION, OR THE SITE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION OR COMPATIBILITY, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, QUIET ENJOYMENT, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BLUVUE DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE CONTINUOUS, SECURE, RELIABLE, ACCESSIBLE, UNINTERRUPTED OR ERROR FREE, OR THAT BLUVUE’S SERVERS, SITE OR APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT BLUVUE’S SECURITY PROCEDURES AND MECHANISMS WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO PERSONAL INFORMATION BY THIRD PARTIES. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Limitation of Liability
BLUVUE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THE SERVICE OR ACCESS CONTENT, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTIONS, OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE OR THE PLATFORM AND BASED ON ANY THEORY OF LIABILITY INCLUDING STATUTE, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF BLUVUE OR ITS REPRESENTATIVES HAVE BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF AN REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF BLUVUE WILL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE EXTENT PERMITTED BY LAW. BLUVUE’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THREE TIMES THE AMOUNT YOU PAID FOR THE SERVICE, IF ANY. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR AN APPLICATION MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. Your use of the Site and the Application may entail third-party costs (such as phone and data connection charges or data plan costs). BluVue disclaims any and all liability for such charges and costs. The limitations on liability in this Section are intended to apply to the warranties and disclaimers above and all other aspects of these Terms. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from state to state.
Use Restrictions
Prohibited Conduct. In connection with your access or use of the Service, you agree to comply with the following use restrictions. You agree not to misuse the BluVue Services. For example, you must not, and must not attempt to, use the Site or Application to do the following things: (a) probe, scan, or test the vulnerability of any system or network; (b) breach or otherwise circumvent any security or authentication measures; (c) access, tamper with, or use non-public areas of the Site or Application, shared areas of the Site or Application you have not been invited to, or BluVue (or our service providers’) computer systems; (d) interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Site or Application; (e) plant malware or otherwise use the Site or Application to distribute malware; (f) access or search the Site or Application by any means other than our publicly supported interfaces (for example, “scraping”); (g) send unsolicited communications, promotions or advertisements, or spam; (h) send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”; (i) publish anything that is fraudulent, misleading, or infringes another’s rights; (j) promote or advertise products or services other than your own without appropriate authorization; (k) impersonate or misrepresent your affiliation with any person or entity; (l) publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred; or (m) violate the law in any way, or to violate the privacy of others, or to defame others. Content Monitoring. BluVue may review Content for compliance with community guidelines but you acknowledge that BluVue has no obligation to monitor any information on the Site or the Application. BluVue does not generally monitor user activity occurring in connection with the Service and while BluVue disclaims any responsibility to do so, it reserves the right to (i) screen, by mechanical means or otherwise, for objectionable information transmitted or shared by user on individualized portions of the Site or the Application, (ii) monitor the Content and, if considered objectionable in BluVue’s sole discretion, to remove Content and/or remove any portion of the Site or Application personalized by you, from the Site or Application at any time without notice. If BluVue becomes aware of any possible violations by you of any provision of these Terms, BluVue reserves the right to investigate such violations, and BluVue may, at its sole discretion, terminate your use of the Service or change, alter or remove Content, in whole or in part, without prior notice to you. Indemnification. You agree to indemnify and hold BluVue and its officers, directors, employees, partners, owners, successors, agents, licensors, licensees, distribution partners, affiliates, subsidiaries, and their related companies harmless from and against any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to or arising from (a) Content that you submit, post to, or transmit through the Platform, (b) your use of the Platform, or (c) any actual or alleged violation or breach by you of these Terms. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
Privacy
Privacy Policy. The terms of the Privacy Policy, which is located at [https://www.dirtsolver.com/privacy-policy], and the terms of this Section govern BluVue’s collection and use of your personal information in connection with the Service. The terms of the Privacy Policy are incorporated by reference into these Terms. If there is any conflict between the terms of the Privacy Policy or these Terms, these Terms shall control. BluVue may make changes to the Privacy Policy from time to time, and such changes will be communicated to you in the text of the Privacy Policy. Please visit the Privacy Policy regularly for updates. Collection and Storage of Your Personal Information. By using the Service, you agree and acknowledge that personal information collected about you through the Site or the Application or in any way in connection with the Service may be transferred across national boundaries for storage or process to any of the countries around the world. This includes the location or the universally unique identifier of any Device you use to access the Application and their phone number(s). Communications from BluVue. BluVue may send to you service-related emails regarding the functionality or delivery of the Service. Tracking. Your use of the Platform or portions thereof may be tracked by BluVue in order to provide better Service and for other purposes. You consent to such tracking, provided that BluVue will not make available or disclose your identity (full name and email address) to any third party, as provided by the Privacy Policy.
Copyright Infringement
BluVue respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), BluVue will respond expeditiously to claims of copyright infringement committed using the Site and/or the Application if such claims are reported to BluVue’s Designated Copyright Agent identified in the sample notice below. The DMCA Notice of Alleged Infringement (“Notice”) should include the following: 1. Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed. 2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found. 3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address. 4. Both of the following statements in the body of the Notice: (a) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” (b) “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.” 5. Provide your full legal name and your electronic or physical signature. 6. Deliver this Notice, with all items completed, to BluVue’s Designated Copyright Agent:
BluVue, L.P.
10605 Harry Hines Blvd
Dallas, Texas 75220
support@dirtsolver.com
Survival
All provisions of these Terms will survive any termination or suspension of these Terms. Amendment; Additional Terms. BluVue reserves the right, in its sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of its Platform or to modify these Terms. In addition, BluVue reserves the right to provide you with operating rules or additional terms that may govern your use of our Platform (“Additional Terms”). To the extent any Additional Terms conflict with these Terms, the Additional Terms will control. Modifications to these Terms or Additional Terms will be effective immediately upon notice, either by posting on the Site, Application or notification by email. It is your responsibility to review these Terms from time to time for any changes or Additional Terms. Your access and use of our Platform following any modification of these Terms or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to these Terms or to any Additional Terms, immediately discontinue use of our Platform.
Governing Law
By accessing and using the Service, you and BluVue agree that all matters relating to this Agreement and your access to, or use of, the Service shall be governed by and construed in accordance with the substantive laws in force in the State of Texas without regard for its conflicts of law principles. All claims arising out of or relating to the terms of this Agreement or the Service or the Application or Site must be litigated exclusively in the federal or state courts of Collin County, Texas.
International Use
The Platform and Service, including the information on the Application or the Site, are designed for users in North America. We make no representations that the Platform is applicable to, or appropriate for, or available to users in locations outside of North America. Accessing the Application or the Site from territories where the content is illegal is prohibited. If you choose to access the Application or the Site from a location outside of the United States, you do so at your own initiative, and are solely responsible for compliance with local laws and all liability therefore. You agree to indemnify BluVue from any violation by you of this provision. The export and re-export of the Application software may be controlled by the United States Export Administration Regulations. The software may not be used in Cuba; Iran; North Korea; Sudan; or Syria or any country that is subject to an embargo by the United States. If you are a resident or national of, or a business located in, any of those countries, you may not download or use the Application or Site. In addition, the Application software may not be distributed to persons on the Table of Denial Orders; the Entity List; or the List of Specially Designated Nationals.
Connection to the Internet
The Application may cause your Device, without additional notice and on an intermittent or regular basis, automatically to connect to the Internet to facilitate your access to content and services that are provided to you by BluVue. In addition, the Application may, without additional notice, automatically connect to the Internet to update downloadable materials from these online services so as to provide immediate availability of these services even when you are offline. Whenever the Application makes an Internet connection and communicates with a BluVue website, whether automatically or due to explicit user request, the Privacy Policy shall apply to that connection or communication. Additionally, unless you are provided with Additional Terms, these Terms shall apply. Please note that the Privacy Policy allows tracking of website visits and it addresses in detail the topic of tracking and use of cookies, web beacons, and similar devices.
Miscellaneous
You are solely responsible for your familiarity and compliance with any laws that may prohibit you from participating in or using any part of the Service. If any provision of these Terms is held to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions will remain in full force and effect. BluVue’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BluVue in writing. Your rights hereunder may not be assigned or transferred to any third party. These Terms, including the Privacy Policy, constitutes the entire agreement between you and BluVue and supersedes all prior agreements, representations, and understandings between the parties regarding the subject matter contained herein.