Thank you for selecting the Services offered by Blue Collar Software Inc. (referred to as "Blue Collar", "we", "our", or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and Blue Collar. By accepting electronically (for example, clicking "I Agree"), accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
This Agreement describes the terms governing your use of the Blue Collar online services provided to you on this website, including content, updates and new releases, (collectively, the "Services"). It includes by reference:
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Blue Collar. Blue Collar reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Blue Collar grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
2.2 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
For Services offered on a payment or subscription basis, the following terms apply, unless Blue Collar notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.BLUE COLLAR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
You can view Blue Collar's Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable Blue Collar Privacy Statement, and any changes published by Blue Collar. You agree that Blue Collar may use and maintain your data according to the Blue Collar Privacy Statement, as part of the Services. You give Blue Collar permission to combine information you enter or upload for the Services with that of other users of the Services and/or other Blue Collar services. For example, this means that Blue Collar may use your and other users' non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users.
Blue Collar is a global company and utilizes industry standard technology resources in multiple countries to maintain its high security standards. As such, some personal information may be shared within Blue Collar and its subsidiaries and/or stored in countries outside of your country.
You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Services. You grant Blue Collar a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Software. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Blue Collar is not responsible for the Content or data you submit through the Services.
You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Please use respect when you interact with other users. Blue Collar does not support and is not responsible for the content in these community forums. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Blue Collar is not responsible.
You agree that Blue Collar may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Blue Collar a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Blue Collar in any way.
Blue Collar may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Blue Collar or its customers, or operate the Services properly. Blue Collar, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
Unless specifically included with the Services, Blue Collar is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
You may be offered other services, products, or promotions by Blue Collar ("Blue Collar Services"). Additional terms and conditions and fees may apply. With some Blue Collar Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Blue Collar permission to use information about your business and experience to help us to provide the Blue Collar Services to you and to enhance the Services. You grant Blue Collar permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant Blue Collar permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
Blue Collar may be required by law to send you communications about the Services or Third Party Products. You agree that Blue Collar may send these communications to you via email or by posting them on our websites
You are responsible for securely managing your password(s) for the Services and to contact Blue Collar if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUE COLLAR, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,"SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. BLUE COLLAR AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. SOME PROVINCES AND/OR STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM PROVINCE TO PROVINCE OR STATE TO STATE.
BLUE COLLAR, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF BLUE COLLAR, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, BLUE COLLAR, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR
INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET BLUE COLLAR SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF Blue Collar AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF Blue Collar, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold Blue Collar and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). Blue Collar reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Blue Collar in the defense of any Claims.
We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
11. Blue Collar may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Blue Collar's rights to any payments due to it. Blue Collar may terminate a free account at any time. Sections 2.2, 3 through 16 will survive and remain in effect even if the Agreement is terminated.
You acknowledge that the Software is subject to restrictions and controls imposed by the Export and Import Permits Act (Canada) and regulations enacted under the Export and Import Permits Act as well as the U.S. export controls regulations administered by the U.S. Dept. of Commerce (15 CFR, Chapter VII) and that you will comply with all applicable laws and regulations. You will not export or re-export the Software, or portion thereof, directly or indirectly, in violation of the Canadian and U.S. export administration laws and regulations to any country or end user; or to any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this Software may include technical data subject to such Canada and U.S. export regulations.
The Province of Ontario and the federal laws of Canada govern this Agreement without regard to its conflicts of laws provisions. You agree to the exclusive jurisdiction of the Province of Ontario. Blue Collar does not represent that the Services are appropriate or available for use in all countries. You are accessing the Services on your own initiative and you are responsible for compliance with all applicable laws.
Except in Quebec, any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In Quebec, the French language version of this Agreement shall be equally authoritative. The parties hereby confirm that they have requested that this Agreement and all related documents be drafted in English as well as French. Les parties ont exige que le present contrat et tous les documents connexes soient rediges en anglais comme le francais.
This Agreement, including the Additional Terms below, is the entire agreement between you and Blue Collar and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Blue Collar. However, Blue Collar may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Blue Collar or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Blue Collar via an email to:accounting@BlueCollarSoftware.com
16. These terms apply only to consumers in the following province. In the event of a conflict between the terms of this Agreement and this Section 16, the terms of this Section 16 shall apply:
Quebec Consumers. If you are a Quebec Consumer, the following terms apply to you:
Disclaimer of warranties. THE SOLE WARRANTY APPLICABLE TO THIS AGREEMENT AND THE SERVICES IS THE MANDATORY LEGAL WARRANTY PROVIDED UNDER THE CIVIL CODE OF QUEBEC AND ANY WARRANTY PROVIDED FOR UNDER THE CONSUMER PROTECTION ACT (QUEBEC).
Modifications. The provisions relating to the Services, the price and payment terms for the Services, the party providing the Services, renewal and termination rights, and any provision of the Privacy Statement may be modified or amended upon 30 days prior written notice setting out (i) the new clause or the amended clause and the clause as it read formerly, and (ii) the date of the coming into force of the such modification or amendment. If we do not allow you to maintain this Agreement unamended, you will have the right to terminate this Agreement during the notice period.
Termination. Termination of this Agreement by Blue Collar without default by you is only effective upon 60 days prior written notice.
Governing law. Any disputes arising out of or related to this Agreement or the Services shall be governed by the laws of Province of Quebec and the laws of Canada applicable therein.
Your use of the Services provided by Blue Collar are subject to the General Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms of Service above
1.1. Internet Access. You must arrange for Internet access and/or wireless service with a data plan from your Internet service provider in order to use the Services.
1.2 Termination by User. User may notify Blue Collar to cancel the subscription prior to the beginning of each Renewal Term. Your rights to use the Blue Collar Online Service may be terminated by Blue Collar immediately and without notice if Blue Collar is unable to debit your or its agent's Card in accordance with this Agreement.
1.3. Trial Versions and Beta Features. If you registered for a trial use of the Software ("Trial Period"), you must decide to purchase a Software license within the Trial Period in order to retain any Content that you have entered into the Software, created within the Software data file, posted or uploaded during the Trial Period. If you do not purchase a Software license by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the Software during the trial period, if you decide not to purchase the license to the full version of the Software, you will not be able to access or retrieve any of the data you added or created with the software during the trial.
From time to time, Blue Collar may, at its sole discretion, include new and/or updated beta features ("Beta Features") in the Services for your use and which permit you to provide feedback (fees may apply). You understand and agree that your use of the Beta Features is voluntary and Blue Collar is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an "as is" basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.
You will be charged the applicable subscription fee on a recurring monthly or yearly basis for the Blue Collar Online Service. Blue Collar reserves the right to immediately terminate access to the Blue Collar Online Services in the event your payment method is declined, or if there are any settlement failures or chargebacks in connection with the recurring billing for your account.
3. You acknowledge and agree that in order to provide you with access to and use of the Blue Collar Online Service, Blue Collar may provide your Access Information and Account Data to (i) your employee or agent who is identified in the Registration Data as the current system administrator for the your account (the "Current Administrator"), (ii) such other employee or agent who may be designated by you as a replacement administrator for the your account by following the procedures required by Blue Collar to effectuate such replacement, and (iii) any other person identified as an authorized user of the Blue Collar Online Service in the user-management list or in any subsequent communication to Blue Collar (collectively, "Information Recipients").
Blue Collar shall have the right, in its sole discretion and with reasonable notice posted on the Blue Collar Online site and/or sent to you at the Current Administrator's email address provided in the Registration Data, to revise, update, or otherwise modify the Services and establish or change limits concerning use of the Blue Collar Online Service and Services, temporarily or permanently, including but not limited to (i) the amount of storage space you have on the Blue Collar Online Service at any time, and (ii) the number of times (and the maximum duration for which) you may access the Blue Collar Online Service in a given period of time. Blue Collar reserves the right to make any such changes effective immediately to maintain the security of the system or User Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Blue Collar Online Service and Services to which such changes relate. Your continued use of the Blue Collar Online Service or Services will constitute your acceptance of and agreement to such changes. For details about our refund policy, please refer to www.Blue Collar.com. Blue Collar may, from time to time, perform maintenance upon the Blue Collar Online Service or Services resulting in interrupted service, delays or errors in the Blue Collar Online Service or Services. Blue Collar will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
Subject to the Blue Collar Privacy Statement, Blue Collar may offer products and services on behalf of third parties who are not affiliated with Blue Collar ("Third Party Products") or the Services may contain links to third party websites ("Third Party Sites").You agree that Blue Collar can use your contact information, including name and address, for the purpose of offering these products to you in accordance with your stated Blue Collar contact preferences. If you decide to use any Third Party Products or access any Third Party Sites, you are responsible for reviewing the third party's separate product terms, website terms and privacy policies, and paying any fees, if any, associated with the Third Party Products or Third Party Sites. You agree that the third parties, and not Blue Collar, are responsible for their product's performance and the content on their websites. Blue Collar is not affiliated with these Third Party Products or Third Party Sites and has no liability for them. Blue Collar reserves the right to terminate access to any interoperability between the Blue Collar Services and Third Party Products without refunds or credits to you.