TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY
THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY
AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR
SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 02/08/2016.
ACCEPTANCE OF TERMS
The following Terms of Service
Agreement (the "TOS") is a legally binding agreement that shall govern the
relationship with our users and others which may interact or interface with Tanderson Group LLC d/b/a Blueline Parking,
also known as YourParked, located at 8275 S. Eastern Ave. Suite 200,
Las Vegas, NV 89123,
and our subsidiaries and affiliates, in association with the use of the Blueline Parking
website, which includes http:/YourParked.com (the "Site") and its Services,
which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website[B1] which has the following description:
To provide advanced parking sales for travelers and event goers.
Any and all visitors to our site , despite
whether they are registered or not,[BF2] shall be deemed as "users" of the herein contained Services
provided for the purpose of this TOS.Once an individual registers for our Services,
through the process of creating an account, the user shall then be considered a
"member."[B3]
The
userand/or
member [B4]acknowledges and agrees
that the Services provided and made available through our website and
applications, which may include some mobile applications and that those
applications may be made available on various social media networking sites and
numerous other platforms and downloadable programs, are the sole property of Blueline. At its discretion, Blueline may offer
additional website Services and/or products, or update, modify or revise any
current content and Services, and this Agreement shall apply to any and all
additional Services and/or products and any and all updated, modified or
revised Services unless otherwise stipulated. Blueline does
hereby reserve the right to cancel and cease offering any of the aforementioned
Services and/or products. You, as the end user and/or member [B5], acknowledge, accept and agree that Blueline
shall not be held liable for any such updates, modifications, revisions,
suspensions or discontinuance of any of our Services and/or products. Your
continued use of the Services provided, after such posting of any updates,
changes, and/or modifications shall constitute your acceptance of such updates,
changes and/or modifications, and as such, frequent review of this Agreement
and any and all applicable terms and policies should be made by you to ensure
you are aware of all terms and policies currently in effect. Should you not
agree to the updated, modified, revised or modified terms, you must stop using
the provided Services.
Furthermore, the userand/or member [B6]understands, acknowledges and agrees that the Services
offered shall be provided "AS IS" and as such Blueline shall
not assume any responsibility or obligation for the timeliness, missed
delivery, deletion and/or any failure to store user content, communication or
personalization settings.
REGISTRATION
To register and become a "member" of the Site,
you must be 18 years of age to enter into and form a legally binding contract.
In addition, you must be in good standing and not an individual that has been
previously barred from receiving Blueline Parking's Services
under the laws and statutes of the United States or other applicable
jurisdiction.
Furthermore, the registering party hereby acknowledges,
understands and agrees to:
a) furnish factual, correct, current and complete information with
regards to yourself as may be requested by the data registration process, and
b) maintain and promptly update your registration and profile
information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false,
untrue, inaccurate or incomplete nature, Blueline will have
sufficient grounds and rights to suspend or terminate the member in violation
of this aspect of the Agreement, and as such refuse any and all current or
future use of Blueline Services, or any portion thereof.
It is Blueline's priority to ensure the
safety and privacy of all its visitors, users and members, especially that of
children. Therefore, it is for this reason that the parents of any child under
the age of 13 that permit their child or children access to the Blueline Parking
website platform Services must create a "family" account, which will certify
that the individual creating the "family" account is of 18 years of age and as
such, the parent or legal guardian of any child or children registered under
the "family" account. As the creator of the "family" account, s/he is thereby
granting permission for his/her child or children to access the various Services
provided, including, but not limited to, message boards, email, and/or instant
messaging. It is the parent's and/or legal guardian's responsibility to
determine whether any of the Services and/or content provided are age-appropriate
for his/her child.[B7]
PRIVACY POLICY
Every member's registration data and various other personal
information are strictly protected by the Blueline Online Privacy Policy (see the full Privacy
Policy at http://bluelineparking.com/privacy). As a member, you herein consent to the
collection and use of the information provided, including the transfer of
information within the United States and/or other countries for storage,
processing or use by Blueline and/or our subsidiaries and
affiliates. [B8]
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
After completion of the
registration data and creation of your username, you will receive a random password—which
you can later change—and account designation. You shall be responsible
for maintaining the secrecy and confidentiality of your password and for all
activities that transpire on or within your account. It shall be your
responsibility to notify Blueline immediately if you notice any
unauthorized access or use of your account or password or any other breach of
security. Blueline shall not be held liable for any loss and/or
damage arising from any failure to comply with this term and/or condition of
the TOS.[B9]
CONDUCT
As a member of the Site,
you herein acknowledge, understand and agree that all information, text,
software, data, photographs, music, video, messages, tags or any other content,
whether it is publicly or privately posted and/or transmitted, is the expressed
sole responsibility of the individual from whom the content originated. In
short, this means that you are solely responsible for any and all content posted,
uploaded, emailed, transmitted or otherwise made available by way of Blueline Parking
Services, and as such, we do not guarantee the accuracy, integrity or quality
of such content. It is expressly understood that by use of our Services, you
may be exposed to content including, but not limited to, any errors or
omissions in any content posted, and/or any loss or damage of any kind incurred
as a result of the use of any content posted, emailed, transmitted or otherwise
made available by Blueline Parking.
Furthermore, you herein
agree not to make use of Blueline's Services for the purpose
of:
a) uploading,
posting, emailing, transmitting, or otherwise making available any content that
shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or invasive of another's privacy or
which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing
harm to minors in any manner whatsoever;
c) impersonating
any individual or entity, including, but not limited to, any Blueline Parking
officials, forum leaders, guides or hosts or falsely stating or otherwise
misrepresenting any affiliation with an individual or entity;
d) forging
captions, headings or titles or otherwise offering any content that you personally
have no right to pursuant to any law nor having any contractual or fiduciary
relationship with;
e) uploading,
posting, emailing, transmitting or otherwise offering any such content that may
infringe upon any patent, copyright, trademark, or any other proprietary or
intellectual rights of any other party;
f) uploading,
posting, emailing, transmitting or otherwise offering any content that you do
not personally have any right to offer pursuant to any law or in accordance
with any contractual or fiduciary relationship;
g) uploading,
posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, "junk mail," "spam," or any other
form of solicitation, except in any such areas that may have been designated
for such purpose;
h) uploading,
posting, emailing, transmitting, or otherwise offering any source that may
contain a software virus or other computer code, any files and/or programs
which have been designed to interfere, destroy and/or limit the operation of
any computer software, hardware, or telecommunication equipment;
i) disrupting
the normal flow of communication, or otherwise acting in any manner that would
negatively affect other users' ability to participate in any real time
interactions;
j) interfering
with or disrupting any Blueline Services, servers and/or networks
that may be connected or related to our website, including, but not limited to,
the use of any device software and/or routine to bypass the robot exclusion
headers;
k) intentionally
or unintentionally violating any local, state, federal, national or international
law, including, but not limited to, rules, guidelines, and/or regulations
decreed by the U.S. Securities and Exchange Commission, in addition to any
rules of any nation or other securities exchange, that would include without
limitation, the New York Stock Exchange, the American Stock Exchange, or the
NASDAQ, and any regulations having the force of law;
l) providing
informational support or resources, concealing and/or disguising the character,
location, and or source to any organization delegated by the United States
government as a "foreign terrorist organization" in accordance to Section 219
of the Immigration Nationality Act;
m) "stalking"
or with the intent to otherwise harass another individual; and/or
n) collecting
or storing of any personal data relating to any other member or user in
connection with the prohibited conduct and/or activities which have been set
forth in the aforementioned paragraphs.
Blueline herein
reserves the right to pre-screen, refuse and/or delete any content currently
available through our Services. In addition, we reserve the right to remove
and/or delete any such content that would violate the TOS or which would
otherwise be considered offensive to other visitors, users and/or members.
Blueline
herein reserves the right to access, preserve and/or disclose member account
information and/or content if it is requested to do so by law or in good faith
belief that any such action is deemed reasonably necessary for:
a) compliance
with any legal process;
b) enforcement
of the TOS;
c) responding
to any claim that therein contained content is in violation of the rights of
any third party;
d) responding
to requests for customer service; or
e) protecting
the rights, property or the personal safety of Blueline, its
visitors, users and members, including the general public.
Blueline
herein reserves the right to include the use of security components that may permit
digital information or material to be protected, and that such use of
information and/or material is subject to usage guidelines and regulations
established by Blueline or any other content providers
supplying content services to Blueline. You are hereby
prohibited from making any attempt to override or circumvent any of the
embedded usage rules in our Services. Furthermore, unauthorized reproduction,
publication, distribution, or exhibition of any information or materials
supplied by our Services, despite whether done so in whole or in part, is
expressly prohibited.[BF10]
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT
COMPLIANCE
Due to
the global nature of the internet, through the use of our network you hereby
agree to comply with all local rules relating to online conduct and that which
is considered acceptable Content. Uploading, posting and/or transferring of
software, technology and other technical data may be subject to the export and
import laws of the United States and possibly other countries. Through the use
of our network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions
control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state
and pledge that you:
a) are
not on the list of prohibited individuals which may be identified on any
government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other
government which may be part of an export-prohibited country identified in
applicable export and import laws and regulations;
b) agree
not to transfer any software, technology or any other technical data through
the use of our network Services to any export-prohibited country;
c) agree
not to use our website network Services for any military, nuclear, missile,
chemical or biological weaponry end uses that would be a violation of the U.S.
export laws; and
d) agree
not to post, transfer nor upload any software, technology or any other
technical data which would be in violation of the U.S. or other applicable
export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Blueline
shall not lay claim to ownership of any content submitted by any visitor
, memberor user, or make
such content available for inclusion on our website Services. Therefore, you
hereby grant and allow for Blueline the below listed worldwide,
royalty-free and non-exclusive licenses, as applicable:
a) The
content submitted or made available for inclusion on the publicly accessible
areas of Blueline's sites, the license provided to permit to
use, distribute, reproduce, modify, adapt, publicly perform and/or publicly
display said Content on our network Services is for the sole purpose of
providing and promoting the specific area to which this content was placed
and/or made available for viewing. This license shall be available so long as
you are a member of Blueline's sites, and shall terminate at such
time when you elect to discontinue your membership.
b) Photos,
audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of Blueline's sites, the license
provided to permit to use, distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on our network Services are for
the sole purpose of providing and promoting the specific area in which this
content was placed and/or made available for viewing. This license shall be
available so long as you are a member of Blueline's sites and
shall terminate at such time when you elect to discontinue your membership.
c) For
any other content submitted or made available for inclusion on the publicly
accessible areas of Blueline's sites, the continuous, binding
and completely sub-licensable license which is meant to permit to use,
distribute, reproduce, modify, adapt, publish, translate, publicly perform
and/or publicly display said content, whether in whole or in part, and the
incorporation of any such Content into other works in any arrangement or medium
current used or later developed.
Those
areas which may be deemed "publicly accessible" areas of Blueline's
sites are those such areas of our network properties which are meant to be
available to the general public, and which would include message boards and
groups that are openly available toboth [B12] visitorsand members[B13] . However, those areas which are not open to the public,
and thus available to members only, would include our mail system and instant
messaging
CONTRIBUTIONS TO COMPANY
WEBSITE
Blueline
provides an area for our users and members[B14] to contribute feedback to our website. When you submit
ideas, documents, suggestions and/or proposals ("Contributions") to our site,
you acknowledge and agree that:
a) your
Contributions do not contain any type of confidential or proprietary
information;
b) Blueline Parking
shall not be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any Contributions;
c) Blueline Parking
shall be entitled to make use of and/or disclose any such Contributions in any
such manner as they may see fit;
d) the
contributor's Contributions shall automatically become the sole property of Blueline Parking;
and
e) Blueline Parking
is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.
INDEMNITY
All
usersand/or membersherein agree to insure and hold Blueline,
our subsidiaries, affiliates, agents, employees, officers, partners and/or
licensors blameless or not liable for any claim or demand, which may include, but is not
limited to, reasonable attorney fees made by any third party, which may arise
from any content a member or[B15] user of our site may submit, post, modify, transmit or
otherwise make available through our Services, the use of Blueline Parking Services
or your connection with these Services, your violations of the Terms of Service
and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
Themember or [B16] user herein agrees not to replicate, duplicate, copy,
trade, sell, resell nor exploit for any commercial reason any part, use of, or
access to Blueline Parking's sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that
Blueline may set up any such practices and/or limits regarding
the use of our Services, without limitation of the maximum number of days that
any email, message posting or any other uploaded content shall be retained by Blueline,
nor the maximum number of email messages that may be sent and/or received by
any member, the maximum volume or size of any email message that may be sent
from or may be received by an account on our Service, the maximum disk space
allowable that shall be allocated on Blueline's servers on the
member's behalf, and/or the maximum number of times and/or duration that any
member may access our Services in a given period of time. In addition, you also agree that Blueline
has absolutely no responsibility or liability for the removal or failure to
maintain storage of any messages and/or other communications or content maintained
or transmitted by our Services. You also herein acknowledge that we reserve the
right to delete or remove any account that is no longer active for an extended
period of time. Furthermore, Blueline shall reserve the right
to modify, alter and/or update these general practices and limits at our
discretion.
MODIFICATIONS
Blueline
shall reserve the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part
thereof, with or without prior notice. In addition, we shall not be held liable
to you or to any third party for any such alteration, modification, suspension
and/or discontinuance of our Services, or any part thereof.
TERMINATION
As a member of http://BluelineParking.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to info@BluelineParking.com.
As a member, you agree that
Blueline may, without any prior written notice, immediately
suspend, terminate, discontinue and/or limit your account, any email associated
with your account, and access to any of our Services. The cause for such
termination, discontinuance, suspension and/or limitation of access shall
include, but is not limited to:
a) any
breach or violation of our TOS or any other incorporated agreement, regulation
and/or guideline;
b) by way
of requests from law enforcement or any other governmental agencies;
c) the
discontinuance, alteration and/or material modification to our Services, or any
part thereof;
d) unexpected
technical or security issues and/or problems;
e) any
extended periods of inactivity;
f) any
engagement by you in any fraudulent or illegal activities; and/or
g) the
nonpayment of any associated fees that may be owed by you in connection with
your http://BluelineParking.com account Services.
Furthermore, you herein
agree that any and all terminations, suspensions, discontinuances, and or
limitations of access for cause shall be made at our sole discretion and that
we shall not be liable to you or any other third party with regards to the termination
of your account, associated email address and/or access to any of our Services.
The termination of your account
with http://BluelineParking.com shall include any and/or all of the following:
a) the
removal of any access to all or part of the Services offered within http://BluelineParking.com;
b) the
deletion of your password and any and all related information, files, and any
such content that may be associated with or inside your account, or any part
thereof; and
c) the
barring of any further use of all or part of our Services.[B19]
ADVERTISERS
Any
correspondence or business dealings with, or the participation in any
promotions of, advertisers located on or through our Services, which may
include the payment and/or delivery of such related goods and/or Services, and
any such other term, condition, warranty and/or representation associated with
such dealings, are and shall be solely between you and any such advertiser.
Moreover, you herein agree that Blueline shall not be held
responsible or liable for any loss or damage of any nature or manner incurred
as a direct result of any such dealings or as a result of the presence of such
advertisers on our website.
LINKS
Either
Blueline or any third parties may provide links to other websites
and/or resources. Thus, you acknowledge and agree that we are not responsible
for the availability of any such external sites or resources, and as such, we
do not endorse nor are we responsible or liable for any content, products,
advertising or any other materials, on or available from such third party sites
or resources. Furthermore, you acknowledge and agree that Blueline
shall not be responsible or liable, directly or indirectly, for any such damage
or loss which may be a result of, caused or allegedly to be caused by or in
connection with the use of or the reliance on any such content, goods or Services
made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do
hereby acknowledge and agree that Blueline's Services and
any essential software that may be used in connection with our Services
("Software") shall contain proprietary and confidential material that is
protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which may be
contained in any advertisements or information presented by and through our Services
or by advertisers is protected by copyrights, trademarks, patents or other
proprietary rights and laws. Therefore, except for that which is expressly permitted
by applicable law or as authorized by Blueline or such
applicable licensor, you agree not to alter, modify, lease, rent, loan, sell,
distribute, transmit, broadcast, publicly perform and/or created any
plagiaristic works which are based on Blueline Services (e.g.
Content or Software), in whole or part.
Blueline
herein has granted you personal, non-transferable and non-exclusive rights
and/or license to make use of the object code or our Software on a single
computer, as long as you do not, and shall not, allow any third party to
duplicate, alter, modify, create or plagiarize work from, reverse engineer,
reverse assemble or otherwise make an attempt to locate or discern any source
code, sell, assign, sublicense, grant a security interest in and/or otherwise
transfer any such right in the Software. Furthermore, you do herein agree not
to alter or change the Software in any manner, nature or form, and as such, not
to use any modified versions of the Software, including and without limitation,
for the purpose of obtaining unauthorized access to our Services. Lastly, you
also agree not to access or attempt to access our Services through any means
other than through the interface which is provided by Blueline for
use in accessing our Services.
WARRANTY DISCLAIMERS
YOU
HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE
USE OF Blueline Parking PARKING SERVICES AND SOFTWARE ARE AT THE SOLE RISK
BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS
AVAILABLE" BASIS. Blueline Parking PARKING AND OUR SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND
ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) Blueline Parking PARKING
AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICESNSORS MAKE
NO SUCH WARRANTIES THAT (i) Blueline Parking PARKING SERVICES OR SOFTWARE
WILL MEET YOUR REQUIREMENTS; (ii) Blueline Parking PARKING SERVICES OR
SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH
RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE Blueline Parking PARKING SERVICES
OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES,
ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU
THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY
SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY
INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF Blueline Parking PARKING
SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK,
AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL
CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR
INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT
COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO
ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED
BY YOU FROM Blueline Parking PARKING OR BY WAY OF OR FROM OUR SERVICES OR
SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A
SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE
WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON
A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A
PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW
OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICAN
IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES:
DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU
EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT Blueline Parking PARKING AND OUR SUBISDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU
FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE
LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN
THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM:
a) THE
USE OR INABILITY TO USE OUR SERVICE;
b) THE
COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED
ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS
OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;
e) AND
ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SPECIAL ADMONITION RELATED
TO FINANCIAL MATTERS
Should
you intend to create or to join any service, receive or request any such news,
messages, alerts or other information from our Services concerning companies,
stock quotes, investments or securities, please review the above Sections Warranty
Disclaimers and Limitations of Liability again. In addition, for this
particular type of information, the phrase "Let the investor beware" is
appropriate. Blueline's content is provided primarily for
informational purposes, and no content that shall be provided or included in
our Services is intended for trading or investing purposes. Blueline
and our licensors shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted and/or made available
by way of our Services, and shall not be responsible or liable for any trading
and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE
ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY
DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You
herein acknowledge, understand and agree, unless otherwise expressly provided
in this TOS, that there shall be third-party beneficiaries to this agreement.
NOTICE
Blueline
may furnish you with notices, including those with regards to any changes to
the TOS, including but not limited to email, regular mail, MMS or SMS, text
messaging, postings on our website Services, or other reasonable means
currently known or any which may be herein after developed. Any such notices
may not be received if you violate any aspects of the TOS by accessing our Services
in an unauthorized manner. Your acceptance of this TOS constitutes your agreement
that you are deemed to have received any and all notices that would have been
delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You
herein acknowledge, understand and agree that all of the Blueline
trademarks, copyright, trade name, service marks, and other Blueline
logos and any brand features, and/or product and service names are trademarks
and as such, are and shall remain the property of Blueline. You
herein agree not to display and/or use in any manner the Blueline
logo or marks.
COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
Blueline
will always respect the intellectual property of others, and we ask that all of
our users to the same. With regards to appropriate circumstances and at its
sole discretion, Blueline may disable and/or terminate the
accounts of any user who repeatedly violates our TOS and/or infringes the
rights of others. If you feel that your work has been duplicated in such a way
that would constitute copyright infringement, or if you believe your
intellectual property rights have been otherwise violated, you should provide
to us the following information:
a) The
electronic or the physical signature of the individual that is authorized on
behalf of the owner of the copyright or other intellectual property interest;
b) A description
of the copyrighted work or other intellectual property that you believe has
been infringed upon;
c) A
description of the location of the site which you allege has been infringing
upon your work;
d) The
physical address, telephone number, and email address;
e) A
statement, in which you state that the alleged and disputed use of your work is
not authorized by the copyright owner, its agents or the law;
f) And
finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is the truth and accurate, and that you are the
copyright or intellectual property owner, representative or agent authorized to
act on the copyright or intellectual property owner's behalf.
The Blueline
Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
Mailing
Address:
Blueline Parking
Attn:
Copyright Agent
8275 S. Eastern Ave. Suite 200
Las Vegas,
NV 89123
Telephone:
(844) 441-7275
CLOSED CAPTIONING
BE IT
KNOWN, that Blueline complies with all applicable Federal
Communications Commission rules and regulations regarding the closed captioning
of video content. For more information, please visit our website at http://BluelineParking.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This
TOS constitutes the entire agreement between you and Blueline and
shall govern the use of our Services, superseding any prior version of this TOS
between you and us with respect to Blueline Services. You may
also be subject to additional terms and conditions that may apply when you use
or purchase certain other Blueline Services, affiliate Services,
third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is
at the mutual agreement of both you and Blueline with regard to
the TOS that the relationship between the parties shall be governed by the laws
of the state of NV without regard to its conflict of
law provisions and that any and all claims, causes of
action and/or disputes, arising out of or relating to the TOS, or the
relationship between you and Blueline, shall be filed within
the courts having jurisdiction within the County of Hillsborough, NV
or the U.S. District Court located in said state. You and Blueline
agree to submit to the jurisdiction of the courts as previously mentioned, and
agree to waive any and all objections to the exercise of jurisdiction over the
parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any
time, should Blueline fail to exercise or enforce any right or
provision of the TOS, such failure shall not constitute a waiver of such right
or provision. If any provision of this TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP
NON-TRANSFERABILITY
You acknowledge, understand
and agree that your account is non-transferable and any rights to your ID and/or
contents within your account shall terminate upon your death. Upon receipt of a
copy of a death certificate, your account may be terminated and all contents
therein permanently deleted.[BF21]
STATUTE OF LIMITATIONS
You
acknowledge, understand and agree that regardless of any statute or law to the
contrary, any claim or action arising out of or related to the use of our Services
or the TOS must be filed within 2 year(s) after said claim or
cause of action arose or shall be forever barred.
VIOLATIONS
Please
report any and all violations of this TOS to Blueline as
follows:
Mailing
Address:
Blueline
Attn: Copyright Agent
8275 S. Eastern Ave. Suite 200
Las Vegas,
NV 89123
Telephone:
(844) 441-7275