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Last updated: 04/04/2024
Welcome to BLUELYFT LLC (“Company”, “we”, “our”, “us”)! As you havejust clicked our Terms of Service, please pause, grab a cup of coffee andcarefully read the following pages. It will take you approximately 20 minutes.
These Terms of Service (“Terms”, “Terms of Service”)govern your use of our web pages located at https://bluelyft.com operatedby BLUELYFT LLC.
Our Privacy Policy also governs your use ofour Service and explains how we collect, safeguard and disclose informationthat results from your use of our web pages. Please read it here https://bluelyft.com/privacy.
Your agreement with us includes theseTerms and our Privacy Policy (“Agreements”).You acknowledge that you have read and understood Agreements, and agree to bebound of them.
If you do not agree with (or cannot complywith) Agreements, then you may not use the Service, but please let us know by emailing at info@bluelyft.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
Thank you for being responsible.
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, ofthese communications from us by following the unsubscribe link.
If you wish to purchase any product or service made available through Service (“Purchase”),you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address;
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order atany time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel itor BLUELYFTLLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting BLUELYFTLLC customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your subscription. You shall provide BLUELYFT LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize BLUELYFT LLC to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for anyreason, BLUELYFTLLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
BLUELYFTLLC may, at its sole discretion, offer a free credits for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for Free Trial.
If you do enter your billing information when signing up for Free Trial, you will not be charged by BLUELYFT LLC until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, BLUELYFT LLC reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.
BLUELYFT LLC, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end oft he then-current Billing Cycle.
BLUELYFTLLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You representand warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in theseTerms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.
BLUELYFTLLC has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of BLUELYFTLLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or inpart, for commercial purposes or for personal gain, without express advance written permission from us.
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
(a) In any way that violates anyapplicable national or international law or regulation.
(b) For the purpose ofexploiting, harming, or attempting to exploit or harm minors in any way byexposing them to inappropriate content or otherwise.
(c) Totransmit, or procure the sending of, any advertising or promotional material,including any “junk mail”, “chain letter,” “spam,” or any other similarsolicitation.
(d) To impersonate or attempt toimpersonate Company, a Company employee, another user, or any other person or entity.
(e) In any way that infringesupon the rights of others, or in any way is illegal, threatening, fraudulent,or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
(f) Toengage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
(a) Use Service in any mannerthat could disable, overburden, damage, or impair Service or interfere with anyother party’s use of Service, including their ability to engage in real timeactivities through Service.
(b) Use any robot, spider, orother automatic device, process, or means to access Service for any purpose,including monitoring or copying any of the material on Service.
(c) Useany manual process to monitor or copy any of the material on Service or for anyother unauthorized purpose without our prior written consent.
(d) Use any device, software, orroutine that interferes with the proper working of Service.
(e) Introduce any viruses, trojanhorses, worms, logic bombs, or other material which is malicious ortechnologically harmful.
(f) Attemptto gain unauthorized access to, interfere with, damage, or disrupt any parts ofService, the server on which Service is stored, or any server, computer, ordatabase connected to Service.
(g) Attack Service via adenial-of-service attack or a distributed denial-of-service attack.
(h) Take any action that may damage or falsify Company rating.
(i) Otherwiseattempt to interfere with the proper working of Service.
We're here to offer reliable services to all users. Please avoid excessive use to ensure quality for everyone. Choose plans that match your needs, and for high usage, consider upgrading, custom plans, or our business API.
Most users (over 95%) stay within set limits. Going beyond may limit access, with or without warning.
Our system checks for automated activities. Sharing login details for profit is not allowed; each account is for one user.
Warning: High usage or sharing login details may lead to account suspension or deletion without notice, and refunds won't be possible.
We may use third-party Service Providers to monitor andanalyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Wealso encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Mixpanel
Mixpanel isprovided by Mixpanel Inc.
You can preventMixpanel from using your information for analytics purposes by opting-out. Toopt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout/
For moreinformation on what type of information Mixpanel collects, please visit theTerms of Use page of Mixpanel: https://mixpanel.com/terms/
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that youare at least eighteen (18) years of age and with the full authority, right, andcapacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
When you create an account with us, you guarantee thatyou are above the age of 18, and that the information you provide us isaccurate, complete, and current at all times. Inaccurate, incomplete, orobsolete information may result in the immediate termination of your account onService.
You are responsible for maintaining the confidentialityof your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility forany and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another personor entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that isoffensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of BLUELYFT LLC and its licensors. Service is protected by copyright, trademark, andother laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service withoutthe prior written consent of BLUELYFT LLC.
We respect the intellectual property rights of others. Itis our policy to respond to any claim that Content posted on Service infringeson the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way thatconstitutes copyright infringement, please submit your claim via emailto info@bluelyft.com, with the subject line: “Copyright Infringement” andinclude in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costsand attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
You may submit a notification pursuant to theDigital Millennium Copyright Act (DMCA) by providing our Copyright Agent withthe following information in writing (see 17 U.S.C 512(c)(3) for furtherdetail):
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
(b) a description of thecopyrighted work that you claim has been infringed, including the URL (i.e.,web page address) of the location where the copyrighted work exists or a copyof the copyrighted work;
(c) identificationof the URL or other specific location on Service where the material that youclaim is infringing is located;
(d) your address, telephonenumber, and email address;
(e) a statement by you that youhave a good faith belief that the disputed use is not authorized by thecopyright owner, its agent, or the law;
(f) astatement by you, made under penalty of perjury, that the above information inyour notice is accurate and that you are the copyright owner or authorized toact on the copyright owner's behalf.
You can contact our Copyright Agent via emailat info@bluelyft.com
You may provide us either directly atinfo@bluelyft.com or via third party sites and tools with information andfeedback concerning errors, suggestions for improvements, ideas, problems,complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall notretain, acquire or assert any intellectual property right or other right, titleor interest in or to the Feedback; (ii) Company may have development ideassimilar to the Feedback; (iii) Feedback does not contain confidentialinformation or proprietary information from you or any third party; and (iv)Company is not under any obligation of confidentiality with respect to theFeedback. In the event the transfer of the ownership to the Feedback is notpossible due to applicable mandatory laws, you grant Company and its affiliatesan exclusive, transferable, irrevocable, free-of-charge, sub-licensable,unlimited and perpetual right to use (including copy, modify, create derivativeworks, publish, distribute and commercialize) Feedback in any manner and forany purpose.
The third party sites and tools mentioned above includethe following:
Bugsnag
Bugsnagis a platform for monitoring and logging stability of applications provided byBugsnag Inc. Please read their Privacy Policy here: https://docs.bugsnag.com/legal/privacy-policy/
Rollbar
Rollbar is error tracking service provided by RollbarInc. Find out more here: https://docs.rollbar.com/docs/privacy-policy
Our Service may contain links to third party web sites orservices that are not owned or controlled by BLUELYFT LLC.
BLUELYFTLLC has no control over, and assumes no responsibility for the content,privacy policies, or practices of any third party web sites or services. We donot warrant the offerings of any of these entities/individuals or theirwebsites.
YOU ACKNOWLEDGE AND AGREE THAT BLUELYFTLLC SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSEDBY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS ORSERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE ANDPRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
THESE SERVICES ARE PROVIDED BY COMPANY ON AN“AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS ORWARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIRSERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOUEXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANYSERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATEDWITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THECOMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THESERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATEDWITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICESOR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFULCOMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THESERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OFANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUTNOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOTBE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUROFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE,SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDINGATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION ANDARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION ORARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OROTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE,ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, ORLOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEENPREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BYLAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TOTHE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THEEXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOTHE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We may terminate or suspend your account and bar accessto Service immediately, without prior notice or liability, under our solediscretion, for any reason whatsoever and without limitation, including but notlimited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations ofliability.
These Terms shall be governed and construed in accordance with the laws of New Mexico without regard to its conflict of law provisions.
Our failure to enforce any right or provision of theseTerms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute theentire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
We reserve the right to withdraw or amend ourService, and any service or material we provide via Service, in our solediscretion without notice. We will not be liable if for any reason all or anypart of Service is unavailable at any time or for any period. From time totime, we may restrict access to some parts of Service, or the entire Service,to users, including registered users.
We may amend Terms at any time by posting the amendedterms on this site. It is your responsibility to review these Termsperiodically.
Your continued use of the Platform following the postingof revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after anyrevisions become effective, you agree to be bound by the revised terms. If youdo not agree to the new terms, you are no longer authorized to use Service.
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable forany reason, such provision shall be eliminated or limited to the minimum extentsuch that the remaining provisions of Terms will continue in full force and effect.
BYUSING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
Please send your feedback, comments, requests for technical support to our support team.
