bluu ("Provider," "we," "us," "our") respects your right
to privacy. We are committed to protecting your privacy. Your continued use of our
website and your submission of any information to us indicates that you have read,
understand and agree to our Privacy Policy.
We have detailed our Privacy Policy so that you know how we collect and protect
the information you decide to provide us. This Privacy Policy will tell you:
What information is collected by us.
How we may share information.
How you can let us know your preference for sharing of information.
WHAT INFORMATION DO WE COLLECT?
Customer Information
We receive and may keep information you gave us because you decided to register
on one of our websites, or because you decided to fill out any other form on a website
of ours. This information may include:
Your name
Your company name
Your mailing address
Your e-mail address
Information may also include any other personal information or unique preference
information you choose to provide us.
Automatic Information
We want you to be aware that certain tools exist to help us service and recognize
you. For your convenience, to help us personalize your experience or better serve
your needs, we may receive and store certain types of information when you visit
one of our websites. You may be familiar with the term "cookies", which are unique
alphanumeric identifiers. These cookies are placed on your computer when your web
browser accesses our websites. We use this information to educate us on things such
as how you navigate to and around our websites, product browsing, content accessing,
and purchasing data. If you choose, there are utilities available for purchase from
independent software providers to install on your computer as well as tools/preferences
you can choose through most web browsers to make website visits anonymous. Of course,
cookies let you have a more satisfying website experience, so we recommend that
you leave them turned on.
ONCE INFORMATION IS RECEIVED, HOW IS IT SHARED?
Within the Provider
We share information we collect from all points of contact within the Provider organization,
including with companies that are affiliates of the Provider. The information you
give us and information about your transaction may be combined with other personally
identifiable information available from our records and other sources.
Governmental Agencies or Other Companies
We may share information with governmental agencies or other companies assisting
us in fraud prevention or investigation. We may do so when (1) permitted or required
by law, or (2) trying to protect against or prevent actual or potential fraud or
unauthorized transactions, or (3) investigating fraud that has already taken place.
In all cases, this information is not provided to these entities for marketing purposes.
Right to Transfer
Should the Provider choose to sell or transfer business assets, or to engage in
a transaction where it is required to share or transfer your information, it is
possible that the information we possess may be transferred as part of that transaction.
The Provider may decide to retain a copy of the information post sale or transfer.
Third Parties
Aside from the sharing set forth above, the Provider will not share your information
with any third parties. Certain functionality (e.g. payment processing) will involve
third party providers and all information provided is also subject to the privacy
policy of any such third party provider.
WHAT HAPPENS IF I CLICK THROUGH A LINK TO ANOTHER SITE FROM A PROVIDER SITE?
Our websites may offer links to other sites. Other sites have their own terms of
use and privacy and security policies. If you choose to visit one of these sites,
you should review the policies that govern that particular site.
Application of This Privacy Policy
This Privacy Policy applies to all information collected or submitted to the Provider.
Other affiliated entities of the Provider may obtain information independently from
transactions and experiences with you or from other sources. This Privacy Policy
does not pertain to that information.
Your Consent
By sharing information with us, you consent that the Provider can use the information
collected or submitted as described in this Privacy Policy. We may change or add
to this Privacy Policy so we encourage you to review it periodically.
Adopted January 2010
Terms of Use
These Terms of Use ("Terms of Use") explain a contractual agreement between you
("you," "your") and bluu. ("we," "us," "our"),
regarding your use of bluu’s SSO (Single Sign-On) Web Portal Service, https://www.SSO.com,
(the "Portal"), your access to the content available on the Portal and our provision
of certain assessment and other services via the Portal and other methods (including
assessment services made available to you prior to or after the launch of the Portal).
You should print a copy of these Terms of Use for your records. Please note, however,
that these Terms of Use may be updated and amended by us from time to time as provided
herein and we have no obligation to notify you directly but will instead post any
such updates and amendments to this web page.
1. AGREEMENT TO TERMS OF USE
By using the Portal or acknowledging agreement to these Terms of Use via the registration
process on the Portal, you agree to these Terms of Use as amended by us from time
to time. Furthermore, when you access the Portal, you specifically acknowledge your
agreement with the most current version of these Terms of Use.
2. CHANGE TO TERMS OF USE
We reserve the right, at our discretion, to change, modify, add, or remove any portion
or all of these Terms of Use at any time. Please check these Terms of Use periodically
for changes. Your continued use of the Portal after the posting of changes to these
Terms of Use will mean you agree to those changes. Any amendment to these Terms
of Use by you must be agreed to by us in writing.
3. OWNERSHIP OF CONTENT
The Portal and the content accessible through the Portal, and all intellectual property
rights included in or associated with the Portal, including but not limited to patents,
copyrights, trademarks and service marks (collectively, "Content"), are owned or
licensed by us, and all right, title and interest in and to the Portal and Content
remains with bluu. Except as may occur when a web site is downloaded to your computer
in the ordinary course of accessing such web site, material from the Portal may
not be copied, distributed, re-published, uploaded, posted, modified, reverse engineered,
or transmitted in any manner without our prior written consent. Certain Content
may be licensed from third parties and all such third-party content and intellectual
property rights (including any trademarks or service marks) related to such content
belong to the respective third parties. In all events, you may not remove any copyright,
trademark or other intellectual property or proprietary notice or legend contained
on the Portal or in the Content.
4. DISCLAIMER OF WARRANTIES
BY USING THE PORTAL, YOU AGREE THAT YOU RECEIVE THE bluu SERVICES AT YOUR OWN RISK.
THE PORTAL AND bluu SERVICES ARE PROVIDED "AS IS," WHERE IS, WITH ALL FAULTS AND
WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. THE
ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORTS IS WITH
YOU. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE,
MERCHANTABILITY, QUALITY, ACCURACY OR TITLE. FURTHERMORE, THERE IS NO WARRANTY AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE PORTAL OR AGAINST INFRINGEMENT. We do not
guarantee uninterrupted or secure access to the Portal, that defects will be corrected,
or that the Portal or the servers that make it available are free of viruses or
other harmful components.
5. LIMITATION OF LIABILITY
We are a service provider; we are not responsible for any loss or injury whatsoever
due to the use of this Portal, the Content or other information published through
this Portal or provided via the bluu Services. The Portal may be unavailable due
to maintenance or other reasons and we will have no liability for any such unavailability.
We will also not have any liability for any loss of data, degraded data, old or
out-dated data, or errors in data resulting from non-deliveries, mis-deliveries
or service interruptions caused by us, any third-party acts or any other web host
provider or the Internet infrastructure and network external to the Portal. The
limitations of liability contained in these Terms of Use inure to our benefit and
to the benefit of our affiliates, and to all of our respective shareholders, officers,
directors, employees, attorneys and agents.
IN NO EVENT SHALL bluu BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL,
PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS
OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND
IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE
GREATER OF: (A) $100 OR (B) THE CUMULATIVE bluu SERVICE FEES PAID TO US BY YOU IN
THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
Some jurisdictions do not allow excluding or limiting implied warranties or limiting
liability for incidental or consequential damages, and some jurisdictions have special
statutory consumer protection provisions which may supersede the foregoing disclaimers
and limitations. As a result, these disclaimers and/or limitations may not apply
to you if prohibited by law.
6. TERMINATION
In the event that you violate any of the provisions of these Terms of Use, we may
terminate your access to the Portal or the bluu Services immediately and without
prior notice, and you agree that we shall not be liable to you or any third-party
for any such termination.
7. PROHIBITED ACTIVITIES
You may not use any device, software or routine, including but not limited to any
viruses, trojan horses, worms, time bombs or other malicious code, intended to damage
or interfere with the proper working of the Portal or to surreptitiously intercept
or expropriate any system, data or personal information from the Portal. You may
not take any action which imposes an unreasonable or disproportionately large load
on our infrastructure, including but not limited to denial of service attacks, "spam"
or any other such unsolicited overload technique. You may not use the Portal of
the bluu Services as a service bureau for third parties.
8. LINKING AND THIRD-PARTY CONTENT
The Portal may contain links to third-party web sites not under our control or operation.
We provide any such links only as a convenience and do not endorse and are not responsible
for the contents of any linked site or any link contained in a linked site. Use
of any third-party content contained on or accessed from the Portal may be conditioned
upon terms and conditions as provided by such third-party providers.
9. LAWS AND REGULATIONS
You must comply with all applicable laws, statutes and regulations regarding: (i)
use of the Portal and receipt and use of the bluu Services and (ii) release of information
to and retrieval of information from the Portal.
10. INDEMNIFICATION
You agree to indemnify, defend and hold us harmless from and against any and all
claims, demands, actions, costs, liabilities, losses and damages of any kind (including
attorneys' fees) resulting from: (i) your use of the Portal and receipt and use
of the bluu Services; (ii) your breach of any provision of these Terms of Use; (iii)
the illegality, reliability, appropriateness, originality or copyright of any submission
to bluu; and/or (iv) any intentional wrongdoing by you.
11. ASSIGNMENT
You will not have the right to assign or transfer your rights under these Terms
of Use to any other person or entity without our prior written consent, which consent
may be withheld for any reason or for no reason. Furthermore, you acknowledge and
agree that your access to and use of the Portal may not be sublicensed or otherwise
transferred voluntarily or by operation of law to any third party. Any attempted
assignment, license, sublicense or transfer by you, whether voluntary or involuntary,
is void and grounds for termination of your rights under these Terms of Use.
12. GOVERNING LAW, ARBITRATION AND JURISDICTION
You recognize that although the Internet can be accessed from anywhere in the world,
the Portal is located in the State of New Jersey, United States of America, and
that when you access the Portal, you are doing so in the State of New Jersey, United
States of America. These Terms of Use shall be governed by and construed in accordance
with the internal substantive laws of the State of New Jersey without giving effect
to any principles of conflict of law and the federal laws of the United States of
America. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR
THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN
ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON
THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION
THEREOF. YOU FURTHER AGREE THAT ANY ARBITRATION ACTION BROUGHT BY YOU ARISING OUT
OF OR RELATING TO THESE TERMS OF USE OR THE PORTAL SHALL BE FILED ONLY IN BERGEN
COUNTY, NEW JERSEY, AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION
AND VENUE IN BERGEN COUNTY, NEW JERSEY.
13. PRIVACY POLICY
By agreeing to these Terms of Use, you also agree to our Privacy Policy located
at https://www.SSO/TermsOfUse.htm which is incorporated herein by reference. The
Privacy Policy is subject to change from time to time. Your acceptance of these
Terms of Use and/or continued use of the Portal constitutes your acceptance to any
changes to the Privacy Policy.
14. MISCELLANEOUS
Headings are for reference purposes only. Our failure to exercise or enforce any
right or provision of the Terms of Use shall not constitute a waiver of such right
or provision. If any provision of these Terms of Use shall be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed severable from
these Terms of Use and shall not affect the validity and enforceability of any remaining
provisions. Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable materials. Specifically,
you agree to comply with all applicable laws regarding the transmission of technical
or other data exported from the United States or the country in which you reside.
These Terms of Use, and any web pages or other documents incorporated by reference,
set forth the entire understanding and agreement between us with respect to the
subject matter hereof. BY USING THE PORTAL AND/OR ACKNOWLEDGING ACCEPTANCE OF THESE
TERMS OF USE AT VARIOUS TIMES ON THE PORTAL OR AS OTHERWISE SET FORTH HEREIN, YOU
ACCEPT AND AGREE TO THESE TERMS OF USE.
15. CONTACT
If you have any problems, questions or complaints about these Terms of Use or any
Portal or bluu Service issues, please contact us by email at info@ebluu.com.