This Service Agreement ("Agreement") is entered into between Small Business Web Solutions, Inc. dba BlueDot ("BlueDot") and you ("you" or "user") as of the Effective Date, defined below.
COPYRIGHT NOTICE, TERMS AND CONDITIONS
BY USING THIS SERVICE, YOU INDICATE YOUR AGREEMENT WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THIS SERVICE.
ACCEPTANCE OF TERMS
The service is subject to the following Terms and Conditions. BlueDot at its sole discretion may change the terms and conditions at any time as described more fully below.
DESCRIPTION OF SERVICES
The use and printing of BlueDot's Materials, as defined below, including any updates, enhancements and new features (the “Services”), are subject to these Terms and Conditions.
You agree to pay BlueDot fees as posted in BlueDot's website in exchange of BlueDot's Services and the non-exclusive, non-transferable license to use and print the Materials. Payments for the Services are in advance the first day of each month. If payment is declined and fees are not paid within 30 days, BlueDot may terminate the Agreement.
Copyright © 2014, BlueDot. All rights reserved. Reproduction of any portion of this web site or BlueDot Material is prohibited. Permission to use all documents and related graphics and any other material from this web site is subject to the Terms and Conditions listed herein.
TERMS AND CONDITIONS
1. Services. Upon the terms of this Agreement establishing your relationship with BlueDot, BlueDot grants you a non-exclusive, non-transferable limited license to use and print the BlueDot documents, software, and website, any other resources BlueDot delivers to you as part of this Agreement (referred to collectively as the "Materials"). You expressly agree that you will not license, sublicense, lease, sell, reverse engineer, decompile, or offer any services for resale, or otherwise allow any third party to use any of the Materials.
This license will cease immediately upon termination of this Agreement. All Materials are licensed, not sold, to you by BlueDot for use only as provided under the terms of this Agreement, and only for the duration of this Agreement. BlueDot reserves all rights not expressly granted to you.
BlueDot provides the Materials under a non-exclusive, non-transferable license for printing and use only by the user listed in the opening paragraph of this Agreement, and only for that individual's personal use. The user is not permitted to commercially exploit the information or transfer it to any third party. Any reprinting, sublicensing, copying, modifying, publishing, assignment, transfer, sales, or other distribution, text-based, electronic, or other physical or virtual distribution of the Materials are prohibited without the prior written consent of BlueDot. Copies of the Materials may only be held in local storage systems for personal use only in an archival format. The user may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Materials. The user may not copy, reverse engineer, translate, port, modify, or make derivative works of the Materials. The user may not derive or attempt to derive the source code or structure of all or any portion of the Materials by reverse engineering, disassembling, de-compiling, or any other means. The user may not use the Materials to operate an information bureau. The Materials may not be copied, even if modified or merged with other data or software. The user will not alter or remove any copyright notice or proprietary legend contained in or on the Materials.
BlueDot will block access to, or remove, any documents, files, applications, or software on its servers that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our customers and will permanently remove and discontinue service to any repeat offender.
2. Protection and Security. You agree to use your best efforts and take all reasonable steps to safeguard the Materials to ensure that no unauthorized person has access to the Materials or Services under this Agreement. You agree that you will not allow any unauthorized copying, publication, disclosure, or distribution of any Materials in whole or in part in any form. You acknowledge that the Materials contain valuable confidential information and trade secrets and that unauthorized use or copying is harmful to BlueDot.
3. BlueDot is Not a Licensed Attorney. BLUEDOT IS NOT LICENSED TO PRACTICE LAW IN ANY JURISDICTION, AND ACCORDINGLY, OUR FORMS ARE ONLY FOR SKILLED PROFESSIONALS IN THE AREAS COVERED THEREBY. FURTHER, WE CANNOT AND DO NOT GUARANTEE THEIR ACCURACY, COMPLETENESS, OR COMPLIANCE WITH THE LAWS OF ANY PARTICULAR STATE. WE DO NOT RECOMMEND USAGE OF FORMS ON THIS SITE BY ANYONE OTHER THAN LICENSED ATTORNEYS.
4. DISCLAIMER OF WARRANTIES. USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USER'S USE OF THE MATERIALS AND SERVICES PROVIDED BY BLUEDOT. ALL MATERIALS AND SERVICES ARE FURNISHED BY BLUEDOT AND ACCEPTED BY USER "AS IS," "WITH ALL FAULTS," AND WITHOUT ANY WARRANTY WHATSOEVER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY BLUEDOT. BLUEDOT DOES NOT WARRANT THAT ANY PRODUCT OR SERVICE WILL MEET USER'S REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED OR ERROR FREE. NO ADVICE OR INFORMATION GIVEN BY BLUEDOT, ITS AFFILIATES, ITS CONTRACTORS, ITS AGENTS, OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY OF ANY TYPE OR NATURE. BLUEDOT DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIALS OR SERVICES.
YOU UNDERSTAND AND AGREE THAT OCCASIONAL TEMPORARY INTERRUPTIONS OF ANY INTERNET SERVICES MAY OCCUR AS NORMAL EVENTS. BLUEDOT AGREES TO EXERCISE REASONABLE CARE TO PREVENT SUCH OCCURRENCES; HOWEVER, UNDER NO CIRCUMSTANCES WILL BLUEDOT BE HELD LIABLE FOR ANY FINANCIAL OR OTHER DAMAGES DUE TO SUCH INTERRUPTIONS.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL BLUEDOT BE LIABLE TO THE USER OR ANY OTHER PERSON FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, OR SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF BLUDOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE MONETARY LIABILITY OF BLUEDOT AND ANY OF ITS EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL NOT EXCEED AN AMOUNT EQUAL TO ONE HUNDRED U.S. DOLLARS ($100.00).
6. Confidentiality and Protection of Personal Information. The parties agree not to use the other's Confidential Information except in connection with the performance or use of the Materials and/or Services under this Agreement, as applicable, the exercise of the parties' respective legal rights under the Agreement, or as may be required by law. Each of us agrees not to disclose the other's Confidential Information to any third person except as follows: (i) to law enforcement or government agency if requested, or if either of us reasonably believes that the other's conduct may violate applicable criminal law; (ii) as required by law; or (iii) in response to a subpoena or other compulsory legal process, provided that each of us agrees to give the other written notice of at least seven (7) days prior to disclosing Confidential Information under this subsection (or prompt notice in advance of disclosure, if seven days advance notice is not reasonably feasible), unless the law forbids such notice.
"Confidential Information" means all information disclosed by one of the parties to the other, whether before or after the Effective Date of the Agreement, that the recipient should reasonably understand to be confidential, including: (i) for user, all information transmitted to or from, or stored on, BlueDot's servers or other devices, (ii) for BlueDot, unpublished prices and other terms of service, trade secrets, the Materials, and other proprietary technology, and (iii) for the both parties, information that is marked or otherwise conspicuously designated as confidential.
“Effective Date” means the date on which the user accepts the Agreement by clicking or checking the box presented with the Agreement, installing and/or using any of the Materials or Services.
7. Termination. Either party may terminate this agreement with thirty (30) days written notice to the other party. BlueDot may terminate this agreement without notice if payment is overdue by user over thirty (30) days.
8. Hard Drive Space for Uploading Attachments. Hard drive space for uploading documents (attachments) for BlueDot is 50 GB for per-license subscribers, 15 GB for High Volume Accounts, and 100 GB for Enterprise Cloud accounts. Additional space is available as an add-on.
9. Notice Specific to Documents Available on BlueDot Websites. Permission to use Documents, as defined below, from BlueDot is granted, provided that no modifications of any Documents are made. Use of the Documents for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
“Documents” means any Materials or other files that can be downloaded by you from BlueDot’s web site including, but not limited to, white papers, press releases, datasheets, PDF Documents and FAQs. Documents does not include the design or layout of BlueDot or any other BlueDot owned, operated, licensed or controlled sites and services. Elements of BlueDot web sites are protected by trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any BlueDot web sites may be copied or retransmitted unless expressly permitted by BlueDot.
10. No Unlawful or Prohibited Use. As a condition of your use of the Services and Materials under this Agreement, you will not use BlueDot for any purpose that is unlawful or prohibited by this Agreement. You may not use BlueDot in any manner that could damage, disable, overburden, or impair any of BlueDot's servers or networks connected to any BlueDot server; or interfere with any of BlueDot's other customer's use and enjoyment of any Services and/or Materials. You may not attempt to gain unauthorized access to any service, other accounts, computer systems or networks connected to any BlueDot server or to any of the services through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
11. Notice. Except where provided otherwise, notices hereunder shall be in writing and shall be deemed to have been fully given and received when delivered by hand, sent by nationally recognized overnight courier, or sent by registered or certified mail, return receipt requested, postage prepaid, and properly addressed to the offices of the respective parties at the addresses set forth by the parties’ signatures. In the event of termination under Section 7 of this Agreement, notice may be sent via email.
The notice to you shall be sent to the address and/or email address that you provided when setting up your BlueDot account.
Any notice sent to Blue shall be sent to:
Westshore Int'l Plaza
2202 N. West Shore Blvd Suite 200
Tampa, Florida 33607
For email notice to BlueDot, to: firstname.lastname@example.org
12. Refunds. There are no refunds.
13. Indemnification. You will indemnify, defend, and hold BlueDot and its employees, directors, officers, and agents harmless from any third party claim, action, suit, or proceeding relating to this Agreement. You shall indemnify BlueDot for all losses, damages, liabilities, costs, and expenses (including without limitation, reasonable attorney fees) incurred by BlueDot as a result of a final judgment entered against BlueDot in any such claim, action, suit, or proceeding.
14. Materials and Data Registered and Uploaded Using the Service. BlueDot does not claim ownership of the materials provided by you to BlueDot including, but not limited to, feedback and suggestions, posts, uploads, input, or submissions (each a "Submission" and collectively "Submissions"). No compensation will be paid with respect to the loss of your Submission, as provided herein.
By posting a Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. By posting a Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by this Agreement; (b) you have the rights necessary to grant the licenses and sublicenses described in this Agreement; and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in this Agreement, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.
15. Force Majeure. BlueDot shall not be liable to you or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to, acts of God, fire, explosion, vandalism, cable cut, storm, or other similar occurrences; any law, order, regulation, direction, action or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; or supplier failures, shortages, breaches or delays.
16. Links to Third Party Sites. There are website links in BlueDot's website that take you to third-party websites. The linked sites are NOT under the control of BlueDot and BlueDot is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. BlueDot is NOT responsible for webcasting or any other form of transmission received from any linked site. BlueDot is providing these links to you only as a convenience, and the inclusive of any link does not imply endorsement by BlueDot of the site.
17. Unsolicited Idea Submission Policy. BlueDot does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products, technologies, features, upgrades, processes, materials, marketing plans or new product names. Do not sent any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when BlueDot’s products or marketing strategies might seem similar to ideas submitted to BlueDot. Do not send your unsolicited ideas to BlueDot or anyone an BlueDot. If you still send them, BlueDot makes no assurances that your ideas or materials will be treated as confidential or proprietary.
18. Complete Agreement. This Agreement constitutes the complete and exclusive statement of the agreement among the parties with respect to the matters discussed herein and therein and they supersede all prior written or oral statements among the parties, including any prior statement, warranty, or representation.
19. Governing Law. This Agreement will be governed by the laws of the State of Florida without giving effect to its rules of conflict of law.
20. Jurisdiction and Venue. The parties agree to submit to the jurisdiction of the federal and state courts of the State of Florida in the County of Hillsborough in any action arising out of a dispute under or in connection with this Agreement or any transaction contemplated by this Agreement.
21. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction to be invalid or unenforceable, such provision shall be interpreted to the maximum extent to which it is valid and enforceable, all as determined by such court in such action, and the remaining provisions of this Agreement shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way.
22. Survival. The parties’ respective representations and covenants, together with obligations of confidentiality and limitations on liability will survive the expiration, termination or rescission of this Agreement and continue in full force and effect.
23. Time is of the Essence. Time is of the essence with respect to the performance of all obligations to be performed or observed by the parties under this Agreement.
24. Consent to Electronic Delivery. You agree to receive and/or obtain any and all billing statements and other notifications from BlueDot via electronic communications. You acknowledge that, for your records, you are able to retain BlueDot's electronic communications by printing and/or downloading and saving this Agreement and any other agreements and electronic communications, documents or records that you agree to using an E-signature. You accept electronic communications from BlueDot as reasonable and proper notice, for the purpose of any and all laws, rules and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep.
25. Changes to this Agreement. BlueDot may modify this Agreement. BlueDot will notify you through electronic communications of any such modifications. All modifications shall be effective upon their publication on BlueDot's website. It is your responsibility to review this Agreement on BlueDot's website for such modifications on a frequent basis. If you continue to use the Services and Materials under this Agreement following any such modifications, such use will be deemed acceptance of such modifications by you. Any modifications requested by you to any of the terms of the Agreement must be approved in writing by BlueDot.
26. Waiver. A waiver of any right under any provision of this Agreement by either party hereunder shall be valid only if such waiver is in writing and signed by the party to be charged. No waiver of any right under any provision of this Agreement on any occasion shall be a waiver of any other right or under any other provision or on any other occasion. No extension of time for performance of any obligation or act shall be deemed an extension of the time for performance of any other obligation or act.
27. Electronic Signature. The parties agree that this Agreement may be executed by electronic signature. By clicking the "Accept" button, you are signing this Agreement electronically. You agree that your signature is the legal equivalent of your manual signature on this Agreement. By selecting the "Accept" button, you consent to be legally bound by this Agreement. You also agree that no certification authority or other third party verification is needed to validate your E-signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-signature or any resulting contract between you and BlueDot. The person who selects the "Accept" button also represents that he or she is authorized to sign on behalf of the user to enter into this Agreement.
Types of Information Collected
A. Traffic Data Collected. We automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; and (4) types of web browsers used to access the Site (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for improving your experience on the Site. We also use “cookies” to customize content specific to your interests. We will use a cookie to save your settings and to provide customizable and personalized services. These cookies do not enable third parties to access any of your customer information.
B. Personal Information Collected. In order for you to access certain services and to purchase services that we offer via the Site, we require you to provide us with certain information that personally identifies you (“Personal Information”). Personal Information includes the following categories of information: (1) Contact Data (such as your name, mailing address, and e-mail address); (2) Financial Data (such as your account or credit card number); and (3) Demographic Data (such as your zip code, age, and income). If you communicate with us by e-mail, post messages to any of our chat groups, bulletin boards, or forums, or otherwise complete online forms, surveys, or contest entries, any information provided in such communication may be collected as Personal Information.
Use of Information Collected
We use Contact Data to send you information about our company or our services or to contact you when necessary. We use your Financial Data to verify your qualifications for certain services and to bill you for services. We use your Demographic Data to customize and tailor your experience on the Site, displaying content that we think you might be interested in and according to your preferences.
Confidentiality and Security of Personal Information
We will keep your Traffic Data and Personal Information private and will not share it with third parties unless, in our sole discretion, such disclosure is necessary to: (i) comply with federal, state or local laws, such as the Electronic Communications Privacy Act; (ii) comply with a court order or other legal process; (iii) protect our rights or property; (iv) enforce the BlueDot Service Agreement. Further, we may share Personal Information to our third-party vendors to the extent necessary to process and complete an order.
Services and websites we sponsor have security measures in place to protect the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information.
Your Ability to Access, Update, and Correct Personal Information
We offer you the ability to access or modify information provided at any time via on-screen links. If you have questions on how to access and modify your information, please contact our Support Department at (813) 288-4666.
Lost or Stolen Information
You must promptly notify us if your credit card, user name, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, user name, or password from your account and update our records accordingly.
The Site contains links to other websites. We are not responsible for the privacy practices or the content of such websites. We also make chat rooms, forums, message boards, and news groups available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.
In order to use and interact with the electronic forms that are available in BlueDot Services, you will be prompted to install the latest forms filler to their PCs. Installation of Multimedia Abacus form filler is safe and requires modifications to the registry of your PC. BlueDot is in compliance with California Consumer Protection Against Spyware Act.
Westshore Int’l Plaza
2202 N. West Shore Blvd Suite 200
Tampa, Florida 33607, United States
Please read the Remote Server Access Agreement. You must agree to these terms and conditions before continuing.
Remote Server Access Agreement
This Remote Server Access Agreement (“Agreement”) is between Small Business Web Solutions, Inc. dba BlueDot, a Florida Corporation (“BlueDot”), and you (“Company,” “You,” or “Your”). This Agreement is effective as of the date on which the You accept the Agreement by clicking or checking the box presented with the Agreement or using any of Products (the “Effective Date”).
NOW, THEREFORE, the parties agree to the following terms and conditions:
TERMS AND CONDITIONS
For the purposes of this Agreement:
“Support” means an individual instance of paid technical support provided by BlueDot via phone or email (a “Ticket”) or collections of individual instances sold as a group (“Support Package”), as defined on the BlueDot Web site.
“Products” shall refer to software and related documentation developed and owned or resold by BlueDot. Products include, without limitation, SmarterMail, SmarterStats, and SmarterTrack, Worldox and their respective versions, editions, and levels.
The purpose of this Agreement is to allow BlueDot to access Your server or any area of any Products installed on Your server in order to provide Support. This Agreement covers all Support performed on Products and all related devices and software related to Your request for Support. This Agreement covers all types and levels of Support, including installation, operation, maintenance, configuration and custom Support requests.
3. Company Rights and Obligations
You understand that this Agreement extends to all Support, paid or unpaid, that You request or consent to and that this Agreement is not associated with a specific dollar amount. Support is provided and charged to You on a case-by-case basis. You agree that all Support being performed is done at Your request, consent, and for Your benefit.
BLUEDOT STRONGLY RECOMMENDS THAT YOU PERFORM A FULL BACKUP OF ANY SERVER THAT WILL BE ACCESSED DURING OR BECAUSE OF YOUR SUPPORT REQUEST(S). YOU AGREE THAT YOU ARE ULTIMATELY RESPONSIBLE FOR THE RETENTION AND SECURITY OF ALL DATA ON YOUR DEVICES.
4. Duties of BlueDot
BlueDot may need to access Your server or the administrative area of Products installed on Your server to provide Support. BlueDot shall only work on data and attempt procedures related to Your Support request(s).
5. Connection Details
You agree to allow BlueDot to gather any relevant connection information necessary to connect to Your server(s), including, but not limited to, the server name, Web Interface URL, system administrator username and password and remote access IP address. All connection information provided to BlueDot under the terms of this Agreement shall be encrypted and protected.
The relationship between BlueDot and You shall in no case or instance be considered a legal partnership, joint venture, agency, or employee related to the other. Parties shall not have the right to bind the other to an agreement with any third party or to incur any obligation or liability to the other except as otherwise required by this Agreement.
7. DISCLAIMER OF WARRANTIES
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SUPPORT AND PRODUCTS PROVIDED BY BLUEDOT. ALL SUPPORT AND PRODUCTS ARE FURNISHED BY BLUEDOT AND ACCEPTED BY YOUR "AS IS," "WITH ALL FAULTS," AND WITHOUT ANY WARRANTY WHATSOEVER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY BLUEDOT. BLUEDOT DOES NOT WARRANT THAT ANY SUPPORT OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED OR ERROR FREE. NO ADVICE OR INFORMATION GIVEN BY BLUEDOT, ITS AFFILIATES, ITS CONTRACTORS, ITS AGENTS, OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY OF ANY TYPE OR NATURE. BLUEDOT DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY SUPPORT OR PRODUCTS.
ANY PROJECTIONS OR OTHER REPRESENTATIONS ON THE PART OF BLUEDOT, EITHER VERBALLY OR IN WRITING, REFLECT OPINIONS OR ESTIMATES ONLY AND IN NO WAY GUARANTEE THE PERFORMANCE, SUCCESS, OR SUITABILITY OF PRODUCTS AND/OR SUPPORT.
8. LIMITATION OF LIABILITY
IN NO EVENT WILL BLUEDOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, OR SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY SUPPORT OR PRODUCTS FURNISHED OR TO BE FURNISHED UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF BLUDOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE MONETARY LIABILITY OF BLUEDOT AND ANY OF ITS EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL NOT EXCEED THE PURCHASE PRICE OF ANY SUPPORT PAID BY YOU TO BLUEDOT.
BLUEDOT IS NOT RESPONSIBLE FOR ANY SUBSEQUENT SUPPORT AFTER A REQUEST IS COMPLETED.
You will indemnify, defend, and hold BlueDot and its employees, directors, officers, and agents harmless from any third party claim, action, suit, or proceeding relating to this Agreement, including, but not limited to, claims by third parties of infringement of intellectual property rights as a result of bundling Products or Support with any other software, hardware, product, or service. You shall indemnify BlueDot for all losses, damages, liabilities, costs, and expenses (including without limitation, reasonable attorney fees) incurred by BlueDot as a result of a final judgment entered against BlueDot in any such claim, action, suit, or proceeding.
Additional limitations and indemnifications may exist in the End User License Agreement (EULA) included with each installation of the Products.
10. Term and Termination
This Agreement will remain in effect and apply to all Support provided to You by BlueDot until canceled. You may cancel this agreement at any time by closing the ticket related to this agreement.
11. Electronic Signature
The parties agree that this Agreement may be executed by electronic signature. By clicking the "Accept" button, You are signing this Agreement electronically. You agree that Your signature is the legal equivalent of Your manual signature on this Agreement. By selecting the "Accept" button, You consent to be legally bound by this Agreement. You also agree that no certification authority or other third party verification is needed to validate Your E-signature and that the lack of such certification or third party verification will not in any way affect the enforceability of Your E-signature or any resulting contract between You and BlueDot. The person who selects the "Accept" button also represents that he or she is authorized to sign on behalf of You to enter into this Agreement.