Legal
Effective: June 20th, 2023
By using BlueDot you accept the following terms and conditions. This Agreement is entered into between Small Business Web Solutions, Inc. dba BlueDot and you as of the Effective Date. Copyright © 2014, BlueDot. All rights reserved. Reproduction of any portion of this web site or BlueDot Material is prohibited.
This Service Agreement ("Agreement") is entered into between Small Business Web Solutions, Inc. dba BlueDot ("BlueDot") and you ("you" or "user") as of the Effective Date. BY USING THIS SERVICE, YOU INDICATE YOUR AGREEMENT WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THIS SERVICE. BlueDot at its sole discretion may change the terms and conditions at any time as described more fully below.
The use and printing of BlueDot's Materials, including any updates, enhancements and new features (the "Services"), are subject to these Terms and Conditions. Effective: June 20th, 2023.
BlueDot grants you a non-exclusive, non-transferable limited license to use and print the BlueDot documents, software, and website. You expressly agree that you will not license, sublicense, lease, sell, reverse engineer, decompile, or offer any services for resale, or otherwise allow any third party to use any of the Materials. This license will cease immediately upon termination of this Agreement. All Materials are licensed, not sold, to you by BlueDot for use only as provided under the terms of this Agreement.
You agree to use your best efforts and take all reasonable steps to safeguard the Materials to ensure that no unauthorized person has access to the Materials or Services under this Agreement. You agree that you will not allow any unauthorized copying, publication, disclosure, or distribution of any Materials in whole or in part in any form. You acknowledge that the Materials contain valuable confidential information and trade secrets and that unauthorized use or copying is harmful to BlueDot.
BLUEDOT IS NOT LICENSED TO PRACTICE LAW IN ANY JURISDICTION, AND ACCORDINGLY, OUR FORMS ARE ONLY FOR SKILLED PROFESSIONALS IN THE AREAS COVERED THEREBY. FURTHER, WE CANNOT AND DO NOT GUARANTEE THEIR ACCURACY, COMPLETENESS, OR COMPLIANCE WITH THE LAWS OF ANY PARTICULAR STATE. WE DO NOT RECOMMEND USAGE OF FORMS ON THIS SITE BY ANYONE OTHER THAN LICENSED ATTORNEYS.
USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USER'S USE OF THE MATERIALS AND SERVICES PROVIDED BY BLUEDOT. ALL MATERIALS AND SERVICES ARE FURNISHED BY BLUEDOT AND ACCEPTED BY USER "AS IS," "WITH ALL FAULTS," AND WITHOUT ANY WARRANTY WHATSOEVER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY BLUEDOT. BLUEDOT DOES NOT WARRANT THAT ANY PRODUCT OR SERVICE WILL MEET USER'S REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED OR ERROR FREE.
IN NO EVENT WILL BLUEDOT BE LIABLE TO THE USER OR ANY OTHER PERSON FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, OR SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED UNDER THIS AGREEMENT OR OTHERWISE. THE MAXIMUM AGGREGATE MONETARY LIABILITY OF BLUEDOT AND ANY OF ITS EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES, UNDER ANY THEORY OF LAW SHALL NOT EXCEED AN AMOUNT EQUAL TO ONE HUNDRED U.S. DOLLARS ($100.00).
The parties agree not to use the other's Confidential Information except in connection with the performance or use of the Materials and/or Services under this Agreement. Each of us agrees not to disclose the other's Confidential Information to any third person except as required by law, in response to a subpoena, or to law enforcement if either party reasonably believes the other's conduct may violate applicable criminal law.
Either party may terminate this agreement with thirty (30) days written notice to the other party. BlueDot may terminate this agreement without notice if payment is overdue by user over thirty (30) days.
Hard drive space for uploading documents (attachments) for BlueDot is 50 GB for per-license subscribers, 15 GB for High Volume Accounts, and 100 GB for Enterprise Cloud accounts. Additional space is available as an add-on.
Permission to use Documents from BlueDot is granted, provided that no modifications of any Documents are made. Use of the Documents for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
As a condition of your use of the Services and Materials under this Agreement, you will not use BlueDot for any purpose that is unlawful or prohibited by this Agreement. You may not use BlueDot in any manner that could damage, disable, overburden, or impair any of BlueDot's servers or networks, or interfere with any other customer's use and enjoyment of any Services and/or Materials.
Except where provided otherwise, notices hereunder shall be in writing. Any notice sent to BlueDot shall be sent to: BlueDot, Westshore Int'l Plaza, 2202 N. West Shore Blvd Suite 200, Tampa, Florida 33607, United States. For email notice: support@bluedot.pro
There are no refunds.
You will indemnify, defend, and hold BlueDot and its employees, directors, officers, and agents harmless from any third party claim, action, suit, or proceeding relating to this Agreement. You shall indemnify BlueDot for all losses, damages, liabilities, costs, and expenses (including without limitation, reasonable attorney fees) incurred by BlueDot as a result of a final judgment entered against BlueDot in any such claim, action, suit, or proceeding.
BlueDot does not claim ownership of the materials provided by you to BlueDot including, but not limited to, feedback and suggestions, posts, uploads, input, or submissions. By posting a Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this Agreement.
BlueDot shall not be liable to you or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to, acts of God, fire, explosion, vandalism, storm, or other similar occurrences; any law, order, regulation, or request of the United States government; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties.
There are website links in BlueDot's website that take you to third-party websites. The linked sites are NOT under the control of BlueDot and BlueDot is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply endorsement by BlueDot of the site.
BlueDot does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products, technologies, features, upgrades, processes, materials, marketing plans or new product names. If you still send them, BlueDot makes no assurances that your ideas or materials will be treated as confidential or proprietary.
This Agreement constitutes the complete and exclusive statement of the agreement among the parties with respect to the matters discussed herein and they supersede all prior written or oral statements among the parties, including any prior statement, warranty, or representation.
This Agreement will be governed by the laws of the State of Florida without giving effect to its rules of conflict of law.
The parties agree to submit to the jurisdiction of the federal and state courts of the State of Florida in the County of Hillsborough in any action arising out of a dispute under or in connection with this Agreement or any transaction contemplated by this Agreement.
If any provision of this Agreement is determined by any court of competent jurisdiction to be invalid or unenforceable, such provision shall be interpreted to the maximum extent to which it is valid and enforceable, and the remaining provisions of this Agreement shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way.
The parties' respective representations and covenants, together with obligations of confidentiality and limitations on liability will survive the expiration, termination or rescission of this Agreement and continue in full force and effect.
Time is of the essence with respect to the performance of all obligations to be performed or observed by the parties under this Agreement.
You agree to receive and/or obtain any and all billing statements and other notifications from BlueDot via electronic communications. You acknowledge that, for your records, you are able to retain BlueDot's electronic communications by printing and/or downloading and saving this Agreement and any other agreements and electronic communications.
BlueDot may modify this Agreement. BlueDot will notify you through electronic communications of any such modifications. All modifications shall be effective upon their publication on BlueDot's website. It is your responsibility to review this Agreement on BlueDot's website for such modifications on a frequent basis.
A waiver of any right under any provision of this Agreement by either party hereunder shall be valid only if such waiver is in writing and signed by the party to be charged. No waiver of any right under any provision of this Agreement on any occasion shall be a waiver of any other right or under any other provision or on any other occasion.
The parties agree that this Agreement may be executed by electronic signature. By clicking the "Accept" button, you are signing this Agreement electronically. You agree that your signature is the legal equivalent of your manual signature on this Agreement. The person who selects the "Accept" button also represents that he or she is authorized to sign on behalf of the user to enter into this Agreement.
This Remote Server Access Agreement ("Agreement") is between Small Business Web Solutions, Inc. dba BlueDot, a Florida Corporation ("BlueDot"), and you. This Agreement is effective as of the date on which You accept the Agreement by clicking or checking the box presented with the Agreement or using any of the Products.
"Support" means an individual instance of paid technical support provided by BlueDot via phone or email or collections of individual instances sold as a group. "Products" shall refer to software and related documentation developed and owned or resold by BlueDot.
The purpose of this Agreement is to allow BlueDot to access Your server or any area of any Products installed on Your server in order to provide Support. This Agreement covers all Support performed on Products and all related devices and software related to Your request for Support.
You understand that this Agreement extends to all Support, paid or unpaid, that You request or consent to. BLUEDOT STRONGLY RECOMMENDS THAT YOU PERFORM A FULL BACKUP OF ANY SERVER THAT WILL BE ACCESSED DURING OR BECAUSE OF YOUR SUPPORT REQUEST(S). YOU AGREE THAT YOU ARE ULTIMATELY RESPONSIBLE FOR THE RETENTION AND SECURITY OF ALL DATA ON YOUR DEVICES.
BlueDot may need to access Your server or the administrative area of Products installed on Your server to provide Support. BlueDot shall only work on data and attempt procedures related to Your Support request(s).
You agree to allow BlueDot to gather any relevant connection information necessary to connect to Your server(s), including the server name, Web Interface URL, system administrator username and password and remote access IP address. All connection information provided to BlueDot under the terms of this Agreement shall be encrypted and protected.
The relationship between BlueDot and You shall in no case or instance be considered a legal partnership, joint venture, agency, or employee related to the other. Parties shall not have the right to bind the other to an agreement with any third party or to incur any obligation or liability to the other except as otherwise required by this Agreement.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SUPPORT AND PRODUCTS PROVIDED BY BLUEDOT. ALL SUPPORT AND PRODUCTS ARE FURNISHED BY BLUEDOT AND ACCEPTED BY YOUR "AS IS," "WITH ALL FAULTS," AND WITHOUT ANY WARRANTY WHATSOEVER. BLUEDOT DOES NOT WARRANT THAT ANY SUPPORT OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED OR ERROR FREE.
IN NO EVENT WILL BLUEDOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, OR SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES. THE MAXIMUM AGGREGATE MONETARY LIABILITY OF BLUEDOT SHALL NOT EXCEED THE PURCHASE PRICE OF ANY SUPPORT PAID BY YOU TO BLUEDOT. BLUEDOT IS NOT RESPONSIBLE FOR ANY SUBSEQUENT SUPPORT AFTER A REQUEST IS COMPLETED.
You will indemnify, defend, and hold BlueDot and its employees, directors, officers, and agents harmless from any third party claim, action, suit, or proceeding relating to this Agreement. You shall indemnify BlueDot for all losses, damages, liabilities, costs, and expenses (including without limitation, reasonable attorney fees) incurred by BlueDot as a result of a final judgment.
This Agreement will remain in effect and apply to all Support provided to You by BlueDot until canceled. You may cancel this agreement at any time by closing the ticket related to this agreement.
The parties agree that this Agreement may be executed by electronic signature. By clicking the "Accept" button, You are signing this Agreement electronically. You agree that Your signature is the legal equivalent of Your manual signature on this Agreement.