Terms & Conditions

Connect Terms of Service (Membership Agreement)

THIS MEMBERSHIP AGREEMENT (“AGREEMENT”) GOVERNS YOUR BLUEAPP.IO SERVICE (“SERVICE”).

IF YOU PURCHASE OUR SERVICES, THIS AGREEMENT WILL ALSO GOVERN YOUR PURCHASE AND ONGOING USE OF THOSE SERVICES.

BY ACCEPTING THIS AGREEMENT (EITHER BY CLICKING THE BOX INDICATING YOUR ACCEPTANCE OR BY SIGNING AN ORDER FORM THAT REFERENCES THIS AGREEMENT) YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

This Agreement for the use of our Services and our Site may be modified from time to time. While CONNECT will make every effort to advise you of any changes, you are advised to periodically visit our website to review any changes to this Agreement that may be posted there. In the event that you disagree with any future changes to this Agreement, please contact CONNECT immediately to discuss the impact of these changes to your membership and to determine whether cancellation of your membership would be appropriate to address your concerns. In the alternative, you may, if you disagree with any changes to this Agreement, simply cancel your membership. If we don’t hear from you, we will assume that your silence is your acceptance of any changes and will continue to provide you with our one of a kind level of service.

This Agreement was last updated on November 22nd, 2014. It is effective between You and CONNECT as of the date of You accepting this Agreement.

1. REGISTRATION

We require a registration process so that you may use to identify you on CONNECT. You may log in to CONNECT, use the Services or modify your information, only through your User Name and password. By registering, you certify that the email address you provide in the registration is accurate and belongs to you; otherwise if that is not true we have the option of suspending your account with CONNECT.

You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your User Name and password. You agree to notify CONNECT immediately of any unauthorized use of your account or any other breach of security you learn about.

To protect your privacy and the privacy of others, CONNECT uses User Names to identify participants. We keep your email address and other information strictly confidential.

2. FREE TRIAL

We will make CONNECT Services available to You on a trial basis free of charge for certain period. CONNECT may decide at its sole discretion to when it can/will update the duration of the trial. Additional trial terms and conditions may appear on the trial web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.

ANY DATA YOU ENTER INTO CONNECT, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION, BEFORE THE END OF THE TRIAL PERIOD.

NOTWITHSTANDING SECTION 9 (WARRANTIES AND DISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.

For more information regarding CONNECT’s protection of your information, please consult CONNECT’s Privacy Policy.

3. PURCHASED SERVICES

Unless otherwise specified in the applicable registration form, Services are purchased as a monthly subscription based on number of users & devices specified during sing up. You will be charged for the services on a time-based manner (monthly recurring basis) unless and until the service is formally canceled by you. Yearly service will automatically renew on the first day of anniversary unless formally cancelled by You. If your credit card number changes or if you wish to change the credit card to which you are billed, please update your profile to ensure that your access to the Service is uninterrupted. We will attempt to notify you via email if we are unable to process your payments, but if we are unable to contact you; your account will be suspended until you provide a valid form of payment. At this point, you will not have access to the Service features. If you have any further questions, please contact Customer Service.

To cancel your CONNECT Service, please call our Customer Service at (800) 604-2030. You may also send an email to Support with a brief description of why you wish to cancel. Cancellations are processed upon receipt of the request form. When your subscription is cancelled you will receive a confirmation email of the cancellation. If you do not receive this confirmation email please contact Support. Cancellations will be effective as of the end of the current billing cycle. Cancellations must be received before the first day of a billing cycle in order to take effect for that billing cycle. We are unable to prorate for partial term usage, for non-usage of the Services while you are an active Member, or for reasons pursuant to Section 10 of the agreement.

Members will automatically receive the CONNECT e-mail newsletter containing valuable tips on getting the most from their membership; information on changes or updates to their existing CONNECT membership services; and, information on new programs and services being offered by CONNECT.

4. PRIVACY

You are providing your electronic mail (“email”) address for the purposes of registering to access this service. Occasionally, you will receive newsletters, updates, information and notices, etc. with information that we deem to be of interest to the members of CONNECT. For more information regarding CONNECT’s protection of your information, please consult CONNECT Privacy Policy.

5. USE OF THE SERVICES

5.1 Our Responsibilities. We shall: (i) provide to You basic support for the Purchased Services at no additional charge, and/or upgraded support if purchased separately, (ii) use commercially reasonable efforts to make the Purchased Services available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which We shall give at least 8 hours notice via email and which We shall schedule to the extent practicable during the weekend hours from 5:00 p.m. Central time Friday to 3:00 a.m. Central time Monday), or (b) any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Our employees), or Internet service provider failures or delays, and (iii) provide the Purchased Services only in accordance with applicable laws and government regulations.

5.2. Your Responsibilities. You shall (i) be responsible for Users’ compliance with this Agreement, (ii) be solely responsible for the accuracy, quality, integrity and legality of Your Data and of the means by which You acquired Your Data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Us promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with the User Guide and applicable laws and government regulations. You shall not (a) make the Services available to anyone other than Users, (b) sell, resell, rent or lease the Services, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use the Services to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein, or (f) attempt to gain unauthorized access to the Services or their related systems or networks.

5.3. Usage Limitations. Services may be subject to other limitations, such as, for example, limits on disk storage space and transfer bandwidth.

6. INTELLECTUAL PROPERTY RIGHTS

The layout, design, concept and organization of the CONNECT Site and Services are subject to CONNECT’s patents, copyrights and other intellectual property rights. All rights are reserved.

You acknowledge and agree that CONNECT owns all right, title and interest in (i) the Services; (ii) the Site; (iii) the technology available on the Services or the Site; and (iv) all copyrights, patents, trademarks and other intellectual property rights therein. Any use of the CONNECT Services, Site, technology, and/or the copyrights, patents, trademarks or other intellectual property rights, other than as described in this Agreement, is not licensed and is strictly prohibited.

You agree that you will obtain the express written permission from CONNECT before you copy, upload, transmit, reproduce, distribute or in any way exploit any CONNECT Services, technology and/or the copyrights, patents, trademarks or the other intellectual property rights, obtained through the CONNECT Site. In addition, you agree not to copy the layout, design, concept and organization of the Site or Services for so long as CONNECT owns the intellectual property rights to this Site. This Agreement does not constitute a license to use CONNECT’s trade names, service marks or any other trade insignia. Any use of BlueApp.io trade names, services marks or any other trade insignia shall be subject to CONNECT’s prior written consent.

7. DISCLAIMERS OF WARRANTY

EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. BlueApp.io PROVIDES ITS SITE AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BlueApp.io, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A “BlueApp.io PARTY,” AND COLLECTIVELY, THE “BlueApp.io PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. CONNECT is in no way liable for loss of customer data. Under no circumstances will CONNECT be held accountable for any loss of customer data. By becoming a CONNECT user you, the customer, acknowledge that you forfeit the right to hold CONNECT accountable for any and all technical errors, including loss of user files (customer data).

In the event that CONNECT concludes offering data storage services, CONNECT users will receive the option to have their stored data sent to them in CD or other format selected by CONNECT. CONNECT does not guarantee length of service. CONNECT intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur.  In addition, CONNECT may make changes and improvements to the information provided herein at any time.

8. LIMITATION ON LIABILITY

Regardless of the type of claim or the nature of the cause of action, you agree that in no event shall CONNECT, its affiliates, contractors, service providers, employees, agents or licensors, or any other party involved in creating, producing or delivering the services, technology or content available on the services (“CONNECT affiliates”), be liable to you in any manner whatsoever: (i) For any decision made or action or non-action taken by you in reliance upon the information provided through the services; (ii) For loss or inaccuracy of data or cost of procurement of substitute goods, services or technology; (iii) For any direct, indirect, incidental, punitive or consequential damages, including but not limited to loss of revenues, loss of profits or loss of reputation, even if CONNECT has been advised of the possibility of such damages.

Your sole and exclusive remedy with respect to the use of any services provided by CONNECT shall be cancellation of your membership to the services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; in those jurisdictions our liability shall be limited to the extent permitted by law.

9. INDEMNIFICATION

You agree to indemnify, defend and hold harmless, CONNECT, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from an against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. CONNECT reserves the right to assume, at tis sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with BlueApp.io in asserting any available defenses. ) states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any type of Claim described in this Section.

10. TERM, TERMINATION

This Agreement commences on the date You accept it and continues until all User subscriptions granted in accordance with this Agreement have expired or been terminated. If You elect to use the Services for a 30-day free trial period and do not purchase a subscription before the end of that period, this Agreement will terminate at the end of the 30-day free trial period.

10.1. Term of Purchased User Subscriptions. User subscriptions purchased by You commence on the start date specified in the applicable registration form and continue for the subscription term specified therein, all User subscriptions shall automatically renew each month, unless either party gives the other notice of non-renewal at least 30 days before the end of the relevant subscription term.

10.2. Termination for Cause. A party may terminate this Agreement for cause: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

10.3. Refund or Payment upon Termination. Except as specifically set forth in this section, all CONNECT services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed in accordance with the previous section. Users on our free 30-day trial may cancel or downgrade their accounts, free of charge, at any time up until 30 days after their account was created. (The day of creation constitutes the first day of the 30-day trial.)When users (Lite, Full Version, Free Trial) cancel their account, they will not be issued refunds for their most recent (or any previous) billing. The single exception to this is NON-TRIAL annual subscribers. Annual subscribers who wish to cancel and request a refund may do so within 30 days of the day on which they were charged for their account; in these cases, only a partial refund equivalent to 80% of the annual fee will be returned. Other requests for refunds may be processed at the sole discretion of a CONNECT sales staff member.

10.4. Return of Your Data. Upon request by You made within 30 days after the effective date of termination of a Purchased Services subscription, We will make available to You for download a file of Your Data in comma separated value (.csv) format along with attachments in their native format. After such 30-day period, We shall have no obligation to maintain or provide any of Your Data and shall thereafter, unless legally prohibited, delete all of Your Data in Our systems or otherwise in Our possession or under Our control.

11. NOTICES

Except as explicitly stated otherwise, all notices permitted or required under this Agreement shall be by email, to us at support@BlueApp.io, and to you at the email address you provide CONNECT during the registration process, or to such other address as either of us shall specify in writing as our addresses for notice. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Evidence of successful transmission shall be retained.

CONNECT may modify the terms of this Agreement at its sole discretion by posting modifications on its website. Your continued use of the Services after notice of modifications constitutes your acceptance of the modifications. If you do not agree to the modifications, you should cancel your membership to the Services and terminate this Agreement.

TERMS AND CONDITIONS, FEATURES, SUPPORT, PRICING AND SERVICE OPTIONS SUBJECT TO CHANGE WITHOUT NOTICE.

12. MISCELLANEOUS

CONNECT may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void.

CONNECT may modify the terms of this Agreement at its sole discretion by posting modifications on its website. Your continued use of the Services after notice of modifications constitutes your acceptance of the modifications. If you do not agree to the modifications, you should cancel your membership to the Services and terminate this Agreement.

TERMS AND CONDITIONS, FEATURES, SUPPORT, PRICING AND SERVICE OPTIONS SUBJECT TO CHANGE WITHOUT NOTICE.