Welcome to BluBird Industries! We are committed to providing exceptional products and making your experience with us as easy and efficient as possible. By accessing and using our website, www.BluBirdIndustries.com (the "Site"), you agree to the following terms and conditions (the "Agreement").
This Agreement is a legally binding agreement between you or your organization ("You") and BluBird Industries. It applies to all users of the Site and services we provide, including information about our products and services. If you do not agree to all the provisions of this Agreement, please do not access or use the Site or services.To use certain features of the Site or services, you must register for an account with BluBird Industries ("Account"). Not all users of the Site will be eligible to create an Account, and BluBird Industries reserves the right to determine eligibility. By creating an Account, you agree to provide truthful and accurate registration information and to maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. If you suspect unauthorized use of your Account, notify BluBird Industries immediately.
You may access and use the Site solely for personal use and in accordance with this Agreement. You may not license, sell, rent, lease, loan, assign, distribute, or otherwise transfer your access to the Site to any third party. You may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or services. You may not access the Site or services to build a similar or competitive service. No part of the Site or services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or addition to functionality of the Site or services shall be subject to this Agreement.
Thank you for choosing BluBird Industries. We value your satisfaction and pledge to deliver efficient and effective technical support. If you have any questions, please contact us at technicalsupport@blubirdindustries.com for technical inquiries or customerservice@blubirdindustries.com for general inquiries. You may also find helpful resources on our FAQs page and instruction manuals library. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.
Modification. BluBird Industries reserves the right to modify, suspend, or discontinue the Site or Services, in whole or in part, at any time and without prior notice. You acknowledge that BluBird Industries shall not be held liable to you or any third party for any such modifications, suspensions, or discontinuations. No Support or Maintenance. You understand and agree that BluBird Industries is not obligated to provide any support or maintenance for the Site or Services.
OWNERSHIP
Site and Services. You acknowledge that BluBird Industries owns the Site and Services, including all Intellectual Property Rights associated with them. You also acknowledge that BluBird Industries owns all Intellectual Property Rights in any Downloaded Information from the Site. BluBird Industries grants you a limited license to use the Downloaded Information for personal use only, which may be revoked at any time.Reservation of Rights. BluBird Industries reserves all rights not expressly granted in this Agreement. This includes the rights to BluBird Industries trademarks, trade names, and logos. Access to the Site and Services does not transfer any rights or interests in the Intellectual Property Rights to you or any third party.
DATA COLLECTION AND USE
User Data. To create an Account and use the Services, you must provide certain User Data. This includes information such as your name, company name, and email address.Data License. By providing User Data, you grant BluBird Industries an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license to process and use your User Data. This includes activities such as reproducing, distributing, displaying, and creating derivative works of your User Data.
Enforcement. BluBird Industries reserves the right to review your User Data and take appropriate action if you violate the terms of this Agreement. This may include terminating your Account and reporting you to law enforcement authorities.
UPLOADED DATA
Apart from User Data, if you upload, enter, or provide any other data, such as order information or other forms, to BluBird Industries through the Site, you are granting BluBird Industries all rights, title, and interest in that Uploaded Information. You also agree that BluBird Industries has the right to process the Uploaded Information and any related information in any way it sees fit. BluBird Industries may treat the Uploaded Information as non-confidential and non-proprietary. By providing Uploaded Information, you represent and warrant that you have the necessary rights, title, and interest in the Uploaded Information.INTELLECTUAL PROPERTY
For the purposes of this Agreement, "Intellectual Property Rights" encompasses all current and future copyrights, trademarks, trade secrets, patents, patent applications, mask work rights, moral rights, contract rights, and other proprietary rights recognized by the laws of any country.THIRD PARTY SITES
The Site may contain links to third-party websites, services, and advertisements for third parties (collectively, "Third-Party Sites"). Such Third-Party Sites are not under the control of BluBird Industries, and BluBird Industries is not responsible for any Third-Party Sites. BluBird Industries provides these Third-Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Sites. You use all Third-Party Sites at your own risk. When you link to a Third-Party Site, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Sites.INDEMNIFICATION
You agree to indemnify, defend, and hold BluBird Industries, its officers, directors, employees, contractors, agents, successors, and assigns, harmless from any claims or demands made by any third party arising from or related to (a) your use of or access to the Site or Services, (b) your violation of this Agreement, and (c) your violation of applicable laws or regulations, including privacy or copyright laws. BluBird Industries reserves the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You also agree not to settle any matter without the prior written consent of BluBird Industries. We will make reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.DISCLAIMERS. THE SITE AND SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE," AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION ON LIABILITY. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, THE SITE, OR SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) TEN US DOLLARS ($10) OR (B) AMOUNTS YOU'VE PAID COMPANY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
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.
TERM AND TERMINATION
Subject to termination as set forth herein, this Agreement will remain in full force and effect while you use and access the Site or Services. We may (1) suspend your rights to use the Site or Services (including your Account) or (2) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Site and Services will terminate immediately. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 4-10.ADDITIONAL TERMS
Changes to this Agreement: BluBird Industries reserves the right to revise or change this Agreement at its sole discretion. In the event of any material revisions or changes, BluBird Industries will notify users by prominently posting notice of the changes on its Site. These changes will be effective 30 calendar days following the posting of notice on the Site. For new users, the changes will be effective immediately. By continuing to use the Site or Services after receiving notice, users acknowledge and agree to be bound by the revised terms and conditions.Arbitration Agreement and Jury Trial Waiver, Class Action Waiver, and Forum Selection Clause: Any controversies, disputes, demands, counts, claims, or causes of action between users and BluBird Industries relating to this Agreement or its privacy practices shall be exclusively settled through binding arbitration.
Arbitration will be conducted in accordance with the Federal Arbitration Act and not any state arbitration law. The arbitration will be presided over by one commercial arbitrator selected from the American Arbitration Association (AAA) with substantial experience in resolving commercial contract disputes. Unless agreed upon by the parties in writing, the arbitration will be governed by the AAA's Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer-Related Disputes (collectively referred to as "Rules and Procedures").
By agreeing to this contract, users waive their right to go to court to assert or defend their rights, except for matters that may be taken to small claims court. The rights of users will be determined by a neutral arbitrator, not a judge or jury. While users are entitled to a fair hearing, the arbitration procedures are simpler and more limited than those applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.
You and BluBird Industries must abide by the following rules: (a) For any claim that could be brought in a small claims court, the arbitration shall be conducted based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (b) If the claim exceeds the jurisdiction of a small claims court, the arbitration shall be conducted based on written submissions or a telephonic hearing. If the arbitrator deems a face-to-face hearing necessary, it should be held at a location agreed upon by both parties. If no agreement is reached, the arbitrator will determine a reasonable location considering the parties' ability to travel and other relevant circumstances; (c) The arbitrator's ruling is binding and not advisory; (d) Any claims brought by you or BluBird Industries must be brought in the parties' individual capacity, not as a plaintiff or class member in any class or representative proceeding; (e) The arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding; (f) If you can demonstrate that the costs of arbitration would be prohibitive compared to litigation costs, BluBird Industries will pay your filing and hearing fees as determined by the arbitrator to prevent the arbitration from being cost-prohibitive; (g) BluBird Industries reserves the right to assume responsibility for all arbitration costs at its sole discretion; (h) The arbitrator shall respect claims of privilege and privacy recognized by law; (i) A decision by the arbitrator, including any findings of fact or conclusions of law, against either party, shall be confidential unless required to be disclosed by law or administrative body and may not be used against either party in other litigation or arbitration involving any other person/customer of BluBird Industries; (j) Each side is responsible for its own attorneys' fees and expenses, unless otherwise provided by statute.
However, either you or BluBird Industries may bring an individual action in a small claims court. Additionally, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's intellectual property rights (patent, copyright, trademark, or trade secret) are not subject to this arbitration provision. Such claims shall be exclusively brought (unless the courts lack personal jurisdiction) in the state or federal courts located in Maricopa County, Arizona. Despite this arbitration provision, either party may seek emergency equitable relief from these courts to maintain the status quo while awaiting the arbitrator's ruling, and both parties agree to submit to the personal jurisdiction of such courts. Seeking interim measures does not waive the right to arbitrate.
Except for subparts (c) and (d) in the paragraph above, which prohibit arbitration on a class or collective basis, if any part of this arbitration provision is deemed invalid, unenforceable, illegal, or conflicts with the Rules and Procedures, the remaining parts of this provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not included. However, if either subpart (c) or (d) is found to be invalid, unenforceable, or illegal, the entire arbitration provision shall be null and void, and neither You nor BluBird Industries will be entitled to arbitration. If this arbitration provision is deemed unenforceable by a court, or if AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and BluBird Industries shall be exclusively brought in the state or federal courts specified in subsection "(d)" above.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you can visit the AAA website at http://www.adr.org.
Choice of Law. The Agreement is governed by and construed in accordance with the laws of the State of Wyoming, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The word "including" means "including without limitation," If any provision of this Agreement is held to be invalid or unenforceable, the other provisions will remain unimpaired, and the invalid or unenforceable provision will be modified to the maximum extent permitted by law. BluBird Industries will not be liable for any delay or non-performance of its obligations under this Agreement due to causes beyond its control. Your relationship with BluBird Industries is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement and your rights and obligations herein may not be assigned, subcontracted, delegated, or transferred by you without BluBird Industries' prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of this provision will be null and void. The terms of this Agreement shall be binding upon assignees. There are no third-party beneficiaries of this Agreement.
