Terms and Conditions of Use - Effective February 2008
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO
BE
BOUND BY THESE TERMS AND CONDITIONS OF
USE.
This Web site, including all of its features and content
(the “Web Site”) is a service made available by Blue Streak Couriers or its
affiliates (“Provider”) and all content, information, services and software
ordered or provided on or through this Web Site (“Content”) may be used solely
under the following terms and conditions (“Terms of Use”).
Web Site Limited License. As a user
of this Web Site you are granted a nonexclusive, nontransferable, revocable,
limited license to access and use this Web Site and Content in accordance with
these Terms of Use. Provider may terminate this license at any time for any
reason.
Limitations on Use. The Content on
this Web Site is for your personal use only and not for commercial
exploitation. Notwithstanding the foregoing, to the extent this Web Site
provides electronic commerce, such buying opportunities may be made available
for group as well as personal purchasing, so long as you are authorized to make
purchases on behalf of such group. You may not decompile, reverse engineer,
disassemble, rent, lease, loan, sell, sublicense, or create derivative works
from this Web Site or the Content. Nor may you use any network monitoring or
discovery software to determine the site architecture, or extract information
about usage, individual identities or users. You may not use any robot, spider,
other automatic software or device, or manual process to monitor or copy our
Web Site or the Content without Provider’s prior written permission. You may
not copy, modify, reproduce, republish, distribute, display, or transmit for
commercial, non-profit or public purposes all or any portion of this Web Site,
except to the extent permitted above. You may not use or otherwise export or
re-export this Web Site or any portion thereof, or the Content in violation of
the export control laws and regulations of the United States of America. Any
unauthorized use of this Web Site or its Content is prohibited.
Not Legal Advice. Content is not intended to and does not
constitute legal advice and no attorney-client relationship is formed, nor is
anything submitted to this Web Site treated as confidential. The accuracy,
completeness, adequacy or currency of the Content is not warranted or
guaranteed. Your use of Content on this Web Site or materials linked from this
Web Site is at your own risk.
Attorney Ethics Notice. If you are
an attorney participating in any aspect of this Web Site, including but not
limited to message boards, chat rooms or email forums, you acknowledge that the
Rules of Professional Conduct of the jurisdictions where you are licensed
(“Rules”) apply to all aspects of your participation and that you will abide by
these Rules. These Rules include, but are not limited to, the rules relating to
advertising, solicitation of clients, unauthorized practice of law, and
misrepresentations of fact. Provider disclaims all responsibility for your
compliance with these Rules. You further agree and acknowledge that when you
participate in any chat area on this Web Site, including but not limited to the
message boards, that you will not offer legal advice, but will only provide
general information.
International Users. The Site is
administered by Blue Streak Couriers from its offices in the United States.
Materials published at the Site may refer to products, programs, or services
that are not available in your country. Furthermore, Blue Streak Couriers makes
no representation that the Materials at the Site are appropriate or available
for use at other locations outside of the United States and access to them from
territories where their contents are illegal is prohibited. You may not use the
Site or export information and materials in violation of the export laws of the
United States or any other country. If you access the Site from a location
outside of the United States, you are responsible for compliance with all
applicable laws.
Table of Contents
- Acceptance of Terms
- Your Obligations and Conduct
- Confidentiality of Blue Streak Couriers Information
- Content Submitted to Blue Streak Couriers
- Delivery of Email
- Indemnity
- Notices, Modification and Termination ofServices
- Advertisements and Promotions
- Content Provided Via Links
- Intellectual Property Rights
- Disclaimer of Warranties
- Limitation of Liability
- Blue Streak Couriers Privacy Policy
- General Terms
1. ACCEPTANCE OF TERMS OF USE FOR THIS WEB SITE
1.1 You must read these Blue Streak Couriers web site terms
of use (“terms”) carefully.
Blue Streak Couriers and its affiliates (“Blue Streak
Couriers”) provide this web site to you, your employees, agents, and
contractors, and any other entity on whose behalf you accept these terms
(collectively “you”), subject to these terms. These terms are entered into by, and between Blue Streak Couriers and
you; and you accept them by: (a) placing an order through this web site; (b)
using the web site in any other manner; and/or (c) acknowledging agreement with
these terms. If you do not agree to all
these terms, do not use this web site.
1.2 This Web Site ("Web Site") includes without
limitation: Bluestreakcouriers.com and all related web sites and other on-line
services accessible via the Web Site (collectively the "Services");
(b) information such as technical, contractual, product, program, pricing,
marketing, and other valuable information ("Information"); and (c)
content such as data, text, software, music, sound, photographs, graphics,
video, messages, or other materials ("Content"). Blue Streak Couriers
controls and operates its Web Sites from various locations and makes no
representation that this Web Site is appropriate or available for use in all
locations. Blue Streak Couriers products and services may not be available in
your location, and deliverables may vary among locations. If you are using the
Web Site on behalf of your employer, you represent and warrant that you are
authorized to accept these Terms on your employer's behalf, and that your
employer agrees to indemnify you and Blue Streak Couriers for violations of
these Terms. In addition to the Terms and unless otherwise noted, the standard Blue
Streak Couriers terms and conditions of sale in your jurisdiction govern
purchases you make through the Web Site, unless you have in effect a separate
valid written purchase or license agreement with Blue Streak Couriers for that
product or service, in which case that separate agreement governs, and in cases
of conflict, prevails.
2. YOUR OBLIGATIONS AND CONDUCT
2.1 Certain sections of this Web Site may require you to
register. If registration is requested, you agree to provide Blue Streak
Couriers with accurate and complete registration information. It is your
responsibility to inform Provider of any changes to that information. Each
registration is for a single individual only, unless specifically designated
otherwise on the registration page. Provider does not permit a) anyone other
than you to use the sections requiring registration by using your name or
password; or b) access through a single name being made available to multiple
users on a network or otherwise. You are responsible for preventing such unauthorized
use. If you believe there has been unauthorized use, you must notify Provider
immediately by emailing orders@bluestreakcouriers.com. In consideration of your
use of the Web Site, you agree to: (a) provide accurate, current, and complete
information about you as may be prompted by a registration form on the Web Site
(the "Registration Data"); (b) maintain the security of your password
and identification; (c) maintain and promptly update the Registration Data, and
any information you provide to Blue Streak Couriers, to keep it accurate,
current and complete; and (d) accept all risks of unauthorized access to
information and Registration Data. You have sole responsibility for adequate
protection and backup of data and/or equipment used in connection with the Web
Site.
2.2 You are entirely responsible for all Content that you
upload, post or otherwise transmit via the Web Site. You agree not to upload,
post or otherwise transmit via the Web Site Content that: (a) is inaccurate,
harmful, obscene, pornographic, defamatory, racist, violent, offensive,
harassing, or otherwise objectionable to Blue Streak Couriers or other users of
the Web Site; (b) includes unauthorized disclosure of personal information; (c)
violates or infringes anyone's intellectual property rights; or (d) contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment. Blue Streak Couriers reserves the right
to edit or remove Content that violates these Terms or that contains
third-party commercial advertisements.
2.3 You agree that you will not use the Web Site to: (a)
transmit spam, bulk or unsolicited communications; (b) pretend to be Blue
Streak Couriers or someone else, or spoof *Company Name*'s or someone else's
identity; (c) forge headers or otherwise manipulate identifiers (including
URLs) in order to disguise the origin of any Content transmitted through the
Services; (d) misrepresent your affiliation with a person or entity; (e)
disrupt the normal flow of dialogue or otherwise act in a manner that
negatively affects other users' ability to use the Web Site; (f) engage in
activities that would violate any fiduciary relationship, any applicable local,
state, national or international law, or any regulations having the force of
law, including but not limited to attempting to compromise the security of any
networked account or site, operating an illegal lottery or gambling operation,
stalking, or making threats of harm; or (g) collect or store personal data
about other users unless specifically authorized by such users.
3. CONFIDENTIALITY OF BLUE STREAK COURIERS INFORMATION
3.1 You may obtain direct access via the Web Site to certain
confidential information of Blue Streak Couriers and its suppliers, including
without limitation technical, contractual, product, program, pricing, marketing
and other valuable information that should reasonably be understood as
confidential ("Confidential Information"). You must hold Confidential
Information in strict confidence. Title to Confidential
Information remains with Blue Streak Couriers and its suppliers.
3.2 Your obligations regarding Confidential Information
expire five (5) years after the date of disclosure. Upon termination of the
Terms or *Company Name*'s written request, you must cease use of Confidential
Information and return or destroy it.
3.3 The Terms impose no obligation upon you with respect to
Confidential Information that you can establish by legally sufficient evidence:
(a) You possessed prior to your receipt from Blue Streak Couriers, without an
obligation to maintain its confidentiality; (b) is or becomes generally known
to the public through no act or omission by you, or otherwise without violation
of the Terms; (c) You obtained from a third party who had the right to disclose
it, without an obligation to keep such information confidential; (d) You
independently developed without the use of Confidential Information and without
the participation of individuals who have had access to it, or (e) in response
to a valid order by a court or other governmental body, as otherwise required
by law, or as necessary to establish the rights of either party under these
Terms and as disclosed after prior notice to Blue Streak Couriers adequate to
afford Blue Streak Couriers the opportunity to object to the disclosure.
4. CONTENT SUBMITTED TO BLUE STREAK COURIERS
4.1 Blue Streak Couriers does not claim ownership of the
Content you place on the Web Site and shall have no obligation of any kind with
respect to such Content. Unless otherwise stated herein, or in Blue Streak
Courier’s Privacy Policy, any Content you provide in connection with this Web
Site shall be deemed to be provided on a non-confidential basis. Blue Streak
Couriers shall be free to use or disseminate such Content on an unrestricted
basis for any purpose, and you grant Blue Streak Couriers and all other users
of the Web Site an irrevocable, worldwide, royalty-free, nonexclusive license
to use, reproduce, modify, distribute, transmit, display, perform, adapt,
resell and publish such Content (including in digital form). You represent and
warrant that you have proper authorization for the worldwide transfer and
processing among Blue Streak Couriers, its affiliates, and third-party
providers of any information that you may provide on the Web Site.
4.2 You shall not distribute on or through this Web Site any
content or material containing any advertising, promotion, solicitation for
goods, services or funds or solicitation for others to become members of any
enterprise or organization without the express written permission of the
Provider. Notwithstanding the foregoing, in any interactive areas of this Web
Site, where appropriate you a) may list along with your name, address and email
address, your own web site’s URL and b) may recommend third party Web sites,
goods or services so long as you have no financial interest in and receive no
direct or indirect benefit from such recommended Web Site, product or service
or its recommendation. In no event may any person or entity solicit anyone with
data retrieved from this Web Site.
4.3 You shall not post, publish, upload or distribute any
messages, data, information, text, graphics, links or other material (“Postings”)
which is unlawful or abusive in any way, including but not limited to any
Postings that are defamatory, libelous, pornographic, obscene, threatening,
invasive of privacy or publicity rights, inclusive of hate speech, or would
constitute or encourage a criminal offense, violate the rights of any party, or
give rise to liability or violate any local, state, federal or international
law, or the regulations of the U.S. Securities and Exchange Commission, any
rules of any securities exchange such as the New York Stock Exchange, the
American Stock Exchange, or the NASDAQ, either intentionally or
unintentionally. Provider may delete your Posting at any time for any reason
without permission from you.
4.4 Your Postings shall be accompanied by your real name and
shall not be posted anonymously. Participants in interactive areas shall not
misrepresent their identity or their affiliation with any person or entity.
4.5 Blue Streak Couriers has no obligation nor does it
intend to edit, monitor or screen Postings and is not responsible for the
content in such Postings or any content linked to or from such Postings.
Notwithstanding the foregoing Provider reserves the right to examine from time
to time, some, all, or no interactive areas for adherence to the Terms of Use
and to edit or remove any materials that may be objectionable or violate the
Terms of Use
5. DELIVERY OF EMAIL
Blue Streak Couriers will attempt to deliver all of the
email that is addressed to your email address on Blue Streak Couriers Services.
However, the nature of email is such that Blue Streak Couriers cannot guarantee
delivery of such email.
6. INDEMNITY
You agree to indemnify, defend and hold harmless Blue Streak
Couriers and its subsidiaries, affiliates, shareholders, officers, directors,
agents, licensors, suppliers, alliance members, other partners, employees and
representatives from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your Content, Your use of or
connection to the Web Site (including any use by you on behalf of your
employer), Your violation of the Terms, or your violation of any rights of
another.
7. NOTICES; MODIFICATION AND TERMINATION OF SERVICES;
AMENDMENT OF TERMS
Blue Streak Couriers may provide notice to you via email,
regular mail, or posting notices or links to notices on the Web Site. Blue
Streak Couriers reserves the right at any time to modify, suspend or terminate
the Services (or any part thereof), and/or your use of or access to them, with
or without notice. Blue Streak Couriers may also delete, or bar access to or
use of, all related Information and files. Blue Streak Couriers will not be
liable to you or any third-party for any modification, suspension, or
termination of the Services, or loss of related information. Blue Streak
Couriers may amend these Terms at any time by posting the amended terms on this
Web Site.
8. ADVERTISEMENTS AND PROMOTIONS
Blue Streak Couriers may run advertisements and promotions
from third parties on the Web Site. Advertisers and sponsors are responsible
for ensuring that material submitted for inclusion on this Web Site is accurate
and complies with applicable laws. Provider will not be responsible for the
illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials
or for the acts or omissions of advertisers and sponsors. Your
correspondence or business dealings with, or participation in promotions of,
advertisers other than Blue Streak Couriers found on or through the Web Site,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. Blue Streak Couriers is not
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such non-Blue Streak
Couriers’ advertisers on the Web Site.
9. CONTENT PROVIDED VIA LINKS
9.1 You may find links to other Internet sites or resources
on the Web Site. You acknowledge and agree that Blue Streak Couriers is not
responsible for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or resources.
Provider shall not be responsible for and assumes no liability for any
infringement, mistakes, misstatements of law, defamation, slander, libel,
omissions, falsehood, obscenity, pornography or profanity in the statements,
opinions, representations or any other form of content contained in any third
party content appearing on this Web Site. You understand that the information
and opinions in the third party content is neither endorsed by nor does it
reflect the belief of Provider. Blue Streak Couriers will not be responsible or
liable, directly or indirectly, for any actual or alleged damage or loss caused
by or in connection with use of or reliance on any such content, goods or
services available on or through any such site or resource.
9.2 You may provide links to this Web Site, provided (a) you
do not remove or obscure, by framing or otherwise, any portion of the homepage,
including its advertisements, the terms of use, the copyright notice, or other
notices on this Site, (b) you give Provider notice of such link by sending an
email to orders@bluestreakcouriers.com and (c) you discontinue providing links
to this Web Site if requested by Provider. If you wish to provide links to a
section within this Web Site, you should forward your request to Provider at orders@bluestreakcouriers.com
and Provider will notify you if permission is granted, and if so the terms and
conditions of the permission.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 Except as expressly authorized by Blue Streak Couriers or
by Content providers, you agree not to reproduce, modify, rent, lease, loan,
sell, distribute, mirror, frame, republish, download, transmit, or create
derivative works of the Content of others, in whole or in part, by any means.
You must not modify, decompile, or reverse engineer any software Blue Streak
Couriers discloses to you, and you must not remove or modify any copyright or
trademark notice, or other notice of ownership.
10.2 "Blue Streak Couriers Trademarks" means all
names, marks, brands, logos, designs, trade dress, slogans and other
designations Blue Streak Couriers uses in connection with its products and
services. You may not remove or alter any Blue Streak Couriers Trademarks, or
co-brand your own products or material with Blue Streak Couriers Trademarks,
without Blue Streak Couriers' prior written consent. You acknowledge Blue
Streak Couriers’ rights in Blue Streak Couriers Trademarks and agree that any
use of Blue Streak Couriers Trademarks by you shall inure to Blue Streak Couriers’
sole benefit. You agree not to incorporate any Blue Streak Couriers Trademarks
into your trademarks, service marks, company names, Internet addresses, domain
names, or any other similar designations, for use on or in connection with
computer or Internet-related products, services or technologies.
10.3 Blue Streak Couriers is committed to respecting others'
intellectual property rights, and we ask our users to do the same. If you
believe that your work has been copied in a way that constitutes copyright
infringement on our Web Site, please contact orders@bluestreakcouriers.com.
10.4 Unless explicitly stated herein, nothing in these Terms
shall be construed as conferring any license to intellectual property rights,
whether by estoppels, implication, or otherwise. Permission is granted to
display, copy, distribute and download Content owned by Blue Streak Couriers on
this Web Site provided that: (a) the copyright notice pertaining to the Content
remains, and a permission notice (e.g., "Used with permission") is
added to such Content; (b) the use of such Content is solely for personal and
non-commercial use; (c) such Content will not be copied or posted on any
networked computer or published in any medium, except as explicitly permitted
by valid permission or license covering such materials; and (d) no
modifications are made to such Content. This permission terminates
automatically without notice if you breach any of the terms or conditions in
this Section 10.4. Upon termination, you must immediately destroy any
downloaded and/or printed Content.
10.5. Digital Millennium Copyright Act – Notification of
Alleged Copyright Infringement. Provider has registered an agent with the
United States Copyright Office in accordance with the terms of the Digital
Millennium Copyright Act (the "Act") and avails itself of the
protections under the Act. Provider reserves the right to remove any Content
that allegedly infringes another person's copyright. Provider will terminate,
in appropriate circumstances, subscribers and account holders of the Provider's
system or network who are repeat infringers of another
person’s copyright. Notices to Provider regarding any alleged copyright
infringement should be directed to the Blue Streak Couriers, C/O Caplan Law
Firm, P.A., attention: Howard A. Caplan, 6260 Dupont Station Ct, Suite C, Jacksonville FL, 32217, phone:
904-256-3333; fax: 904-256-0051; howard@caplawfirm.com.
11. DISCLAIMER OF WARRANTIES
11.1 Your use of the web site is at your sole risk unless
otherwise explicitly stated. The web
site, including the information, services and content (as defined in section
1.2) is provided on an “as is” “as available” and “with all faults” basis. Blue Streak Couriers disclaims all express or
implied conditions, representations, and warranties of any kind, including any
implied warranty or condition of merchantability, satisfactory quality, fitness
for a particular purpose, or noninfringement. Blue Streak Couriers makes no
representations, warranties, conditions or guarantees as to the usefulness,
quality, suitability, truth, accuracy or completeness of the web site.
11.2 Blue Streak Couriers makes no warranty or
representation that: (a) the web site will be uninterrupted, timely, secure, or
error-free; (b) the results that may be obtained from the use of the web site
will be accurate or reliable; (c) the quality of any products, services,
content, information, or other material purchased or obtained from the web site
will meet your expectations or requirements; or (d) any errors in the web site
will be corrected.
11.3 You assume all risk for any damage to your computer
system or loss of data that results from obtaining any content from the web
site, including any damages resulting from computer viruses.
12. LIMITATION OF LIABILITY
12.1 To the full extent permitted by law, Blue Streak
Couriers is not liable for any direct, indirect, punitive, special, incidental,
consequential, or exemplary damages (including, without limitation, loss or
business, revenue, profits, goodwill, use, data, electronically transmitted
orders, or other economic advantage) arising out of or in connection with the
web site, even if Blue Streak Couriers has previously been advised of, or
reasonable could have foreseen, the possibility of such damages, however they
arise, whether in breach of contract or in tort (including negligence),
including without limitation damages due to: (a) the use of or the inability to
use the web site; (b) the cost of procurement of substitute goods and services
resulting from any goods, data, information or services purchased or obtained,
or messages received or transactions entered into, through or from the web
site; (c) statements or conduct of any third party on the web site, including
without limitation unauthorized access to or alteration of transmissions or
data, malicious or criminal behavior, or false or fraudulent transactions; or
(d) content or information you may download, use, modify or distribute.
12.2 To the extent that any jurisdiction does not allow the
exclusion or limitation of direct, incidental or consequential damages,
portions of the above limitations or exclusion may not apply.
13. BLUE STREAK COURIERS' PRIVACY POLICY
You consent to the collection, processing and storage by Blue
Streak Couriers of your personal information in accordance with the terms of Blue
Streak Couriers’ Privacy Policy. You agree to comply with all applicable laws
and regulations, and the terms of Blue Streak Couriers’ Privacy Policy, with
respect to any access, use and/or submission by you of any personal information
in connection with this Web Site
14. GENERAL TERMS
14.1 The Terms constitute the entire agreement between you
and Blue Streak Couriers relating to their subject matter, and cancel and
supersede any prior versions of the Terms. No modification to the Terms will be
binding, unless in writing and signed by an authorized Blue Streak Couriers representative.
You must not assign or otherwise transfer the Terms or any right granted
hereunder. You also may be subject to additional terms and conditions that may
apply when you use Blue Streak Couriers or third-party products or services. Blue
Streak Couriers reserves the right to investigate complaints or reported
violations of our Terms of Use and to take any action we deem appropriate
including but not limited to reporting any suspected unlawful activity to law
enforcement officials, regulators, or other third parties and disclosing any
information necessary or appropriate to such persons or entities relating to
user profiles, email addresses, usage history, posted materials, IP addresses
and traffic information.
14.2 You agree that any material breach of Sections 2, 3, 4,
6, and 10 of the Terms will result in irreparable harm to Blue Streak Couriers for
which damages would be an inadequate remedy and, therefore, in addition to its
rights and remedies otherwise available at law, Blue Streak Couriers will be
entitled to equitable relief, including both a preliminary and permanent
injunction, if such a breach occurs. You waive any requirement for the posting
of a bond or other security if Blue Streak Couriers seeks such an injunction. Blue
Streak Couriers reserves the right to seek all remedies available at law and in
equity for violations of these Terms of Use, including but not limited to the
right to block access from a particular Internet address to this Web Site and
any other Provider Web sites and their features
14.3 Florida law and controlling U.S. federal law govern any
action related to the Terms and/or your use of the Web Site. Choice of law rules
of any jurisdiction and the United Nations Convention on Contracts for the
International Sale of Goods will not apply to any dispute under the Terms. You
and Blue Streak Couriers agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Duval, Florida, U.S.A.
14.4 Services, Content, and product derived or obtained from
this Web Site may be subject to the U.S. export laws and the export or import
laws of other countries. You agree to comply strictly with all such laws and,
in particular, shall: (a) obtain any export, re-export, or import
authorizations required by U.S. or your local laws; (b) not use Services,
Content, or direct product from this Web Site to design, develop or produce
missile, chemical/biological, or nuclear weaponry; and (c) not provide
Services, Content, or direct product from this Web Site to prohibited countries
and entities identified in the U.S. export regulations.
14.5 Rights and obligations under the Terms which by their
nature should survive will remain in full effect after termination or
expiration of the Terms.
14.6 The Web Site may contain forward-looking statements
within the meaning of the Private Securities Litigation Reform Act of 1995.
Such forward-looking statements may include statements regarding market
expectations and opportunities, expectations about financials, research and
development and strategies, statements concerning Blue Streak Couriers' roadmaps,
market share growth, and product and service development and introduction, and
our continuous evaluation of the competitiveness of our product and service
offerings. These forward-looking statements are just predictions and involve
risks and uncertainties. Actual results may differ materially from results
discussed in the forward-looking statements. Factors that may cause such a
difference include risks related to adverse changes in general economic
conditions, failure to reduce costs, lack of success in technical advancements,
the timely development, production and acceptance of new products and services,
and Blue Streak Couriers’ ability to compete in a highly competitive and
rapidly changing marketplace.
14.7 Any express waiver or failure to exercise promptly any
right under the Terms will not create a continuing waiver or any expectation of
non-enforcement. If any provision of the Terms is held invalid by any law or
regulation of any government, or by any court or arbitrator, the parties agree
that such provision will be replaced with a new provision that accomplishes the
original business purpose, and the other provisions of the Terms will remain in
full force and effect.