BLUETARP FINANCIAL WEB SITE TERMS & CONDITIONS
Introduction / Acceptance of Terms
The following Terms and Conditions govern:
(1) your use of the website bluetarp.com and other publicly accessible webpages (collectively the "Site") provided by BlueTarp Financial, Inc. ("BlueTarp Financial", "BlueTarp", "we", "our" or "us"); and
(2) (if you or your organization are an approved BlueTarp purchase account customer or enrolled BlueTarp dealer) your online access to and use of an online account and related private web pages, software and transaction information and services, including general and personalized content, communication tools, invoice creation support tools and online and downloadable transaction information (the "Software").
By accessing and using the information and services available on the Site, or (if you or your organization are an approved BlueTarp purchase account customer or enrolled BlueTarp dealer) by clicking the "I agree" button indicating that you have read and agreed to these Terms and Conditions prior to setting up a new user account, you, on behalf of yourself and the organization on whose behalf you are accessing and using the Site and Software, accept these Terms and Conditions. If you do not accept these Terms and Conditions, do not use the Software or the Site, and please contact us at firstname.lastname@example.org or 888-321-6698.
If applicable, these Terms and Conditions supplement the terms and conditions of you or your organization's existing Purchase Account Agreement, Financial Account Agreement or other written agreement(s) with BlueTarp (each referred to herein as "Your Other BlueTarp Agreement"), which agreement otherwise remains in full force and effect.
Terms Governing Access to the Site
Content for Personal Use Only. Except as otherwise stated in specific terms or documents within the Site, the Site and all information, communications, text, graphics, photographs, images, audio, music, moving images, video, illustrations, and other materials displayed on, or downloadable from the Site ("Content"), is made available solely for your personal, informational and non-commercial use.
Use at Own Risk; Our Right to Suspend Access. We do not have an obligation to detect the presence of any objectionable, unlawful, or harmful Content. If you download any Content from the Site, you do so at your own risk.
Linking to the Site. You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. Subject to the foregoing, you must not (a) establish a link from any website that is not owned by you, (b) cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site, (c) link to any part of the Site other than the homepage, or (d) otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms and Conditions or (if applicable) Your Other BlueTarp Agreements. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission in our sole discretion, without notice.
Links from the Site; Third-Party Advertisers and Suppliers. Other third parties not affiliated with BlueTarp may supply content to the Site, make offers available to you through the Site, or provide links on the Site to other sites and resources ("Third Party Materials"). These Third Party Materials are provided for your convenience only. We have no control over the contents of the Third Party Materials. Your use of the Third Party Materials, or your entry into transactions with other third parties, is at your own risk and subject to the terms and conditions provided by those third parties. We accept no responsibility for those third parties or the Third Party Materials or for any loss or damage that may arise from your use of or dealings with them.
Terms Governing Access to the Software
Access Credentials. If you or your organization have an approved BlueTarp Purchase Account or are an enrolled BlueTarp Financial Dealer, you may be provided with user accounts through which you may access the Software. To access the Software, you must type in your User ID and Password (collectively referred to herein as "Access Credentials"). You agree to safeguard your Access Credentials. You have and will retain sole responsibility for (a) the security and use of your Access Credentials, and (b) all access to and use of the Site and Software directly or indirectly by or through your Access Credentials, with or without your knowledge or consent. BlueTarp shall not be responsible for any breach of security caused by your failure to maintain the confidentiality of your Access Credentials. You agree to keep Access Credentials confidential, and to change account Passwords periodically. By using the Software, you represent on a continuing basis that you are authorized to have access to such data.
Authorization to Access Software. If you or your organization have an approved BlueTarp Purchase Account or are an enrolled BlueTarp Financial Dealer, and subject to and conditioned upon your compliance with Your BlueTarp Agreements, including, if applicable, your payment of any fees due, BlueTarp authorizes you to access and use the Software solely in connection with your fulfillment of your obligations and exercise of your rights under Your BlueTarp Agreements and programs operated by BlueTarp. BlueTarp will not be liable if for any reason all or any part of the Software is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Software.
Account and Transaction Information and Data Access. If you have an approved BlueTarp Purchase Account or are an enrolled BlueTarp Financial Dealer, BlueTarp may, from time to time, permit you to view through the Software certain information relating to your account or specific transactions. By using the Software to access and use such information, you represent on a continuing basis that you are authorized to have access to such information. All such information is provided as a convenience, but it is not the official record of your account or transaction activity with BlueTarp; your BlueTarp account statement remains the official record. The account and transaction information provided through the Software is generally updated as of the prior business day's close of business, but is subject to adjustment and correction.
General Terms and Conditions Governing Use of the Site or Software
BlueTarp's Responsibility. Our responsibility is to provide you with access to the Site and (if applicable) Software in a commercially reasonable manner.
DISCLAIMER. WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SITE AND THE SOFTWARE, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH THE SITE AND THE SOFTWARE, AND YOU SHOULD NOT RELY UPON THEM. WE PROVIDE THE SITE AND THE SOFTWARE ON AN "AS IS, AS AVAILABLE" BASIS, AND BLUETARP WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE SITE OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR INTERRUPTION OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. YOU USE THE SITE, THE SOFTWARE, AND THE CONTENT AT YOUR OWN RISK.
LIMITATION OF LIABILITY. BLUETARP AND ITS EMPLOYEES, DISTRIBUTORS, DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT, THE SITE, OR THE SOFTWARE, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM THEIR USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNITY. YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS BLUETARP, ITS LICENSORS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO YOUR DISTRIBUTION OF CONTENT VIA THE SOFTWARE OR THE SITE, YOUR USE OF THE SOFTWARE, THE SITE, OR THE CONTENT, OR YOUR CONDUCT ON THE SITE OR THE SOFTWARE, OR ANY VIOLATION OF THESE TERMS AND CONDITIONS.
Ownership; BlueTarp Data. Except as expressly provided herein, BlueTarp or its licensors retain all right, title and interest in and to the Site, Software, Content and all of the other services, information, content, data, designs, and materials provided by BlueTarp (collectively referred to herein as "BTF Data") pursuant to these Terms and Conditions and (if applicable) Your Other BlueTarp Agreements. BTF Data includes any account, transaction or other data collected by BlueTarp in the operation of its programs, including financial and transaction information made available to BlueTarp Financial Dealers regarding their commercial customers who are BlueTarp Purchase Account Customers ("Customer Information"), but does not include any information that (a) was rightfully known to you without restriction on use or disclosure prior to and not in connection with such information being disclosed, shared or collected in connection with the Site, Software, or the services provided under Your BlueTarp Agreements; (b) was or becomes generally known by the public other than by your noncompliance with Your BlueTarp Agreements; or (c) was or is independently developed by you without reference to or use of any BTF Data and not in connection with BlueTarp programs. All BTF Data shall remain the sole property of BlueTarp or its licensors, and you acknowledge and agree that you do not acquire any rights, express or implied, therein. You covenant and agree that you will not, except with the prior written consent of BlueTarp or as required by law, at any time directly by yourself or indirectly through any agent or employee: (i) reproduce, distribute, transmit, publicly display, modify, create derivative works based upon, or disclose, deliver, display, divulge, reveal, report, publish or transfer to any person or entity, for any purpose whatsoever, any BTF Data or (ii) use BTF Data for any purpose other than in connection with the performance of your obligations or the exercise of your rights under these Terms and Conditions and Your BlueTarp Agreements. You further agree to handle BTF Data in the same manner that you handle your own confidential information and, in any event, to take all steps reasonably necessary to preserve the confidentiality of BTF Data, including maintaining BTF Data in a manner designed to assure that it will not be used or disclosed improperly. You may not remove any copyright, trademark or other proprietary notices from any BTF Data.
Authorization Limitations. You shall not, and shall not permit any other person to: (a) access or use the Site, Software, or Content except as expressly permitted by these Terms and Conditions and (if applicable) Your Other BlueTarp Agreements; (b) copy, modify, translate, or create derivative works based on the Site, Software, or Content; (c) use the Site, Software, or Content for timesharing or service bureau purposes or otherwise for the benefit of a third party or to advertise or an offer to sell or buy any goods or services; (d) use or view the Site, Software, or Content for the purposes of developing, directly or indirectly, a product or service competitive with the Site, Software, or Content; (e) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code or underlying structure or algorithms of the Site, Software, or Content; (f) input, upload, or otherwise provide to or through the Site or Software or BlueTarp systems any information or materials that are unlawful, untrue, misleading, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, harmful to minors, pornographic, profane, infringing, or injurious, or contain or activate any malicious computer code; (g) access any other account, nor attempt to obtain or decrypt any passwords or other security protection for any other account; (h) impersonate any person or entity, misrepresent your affiliation with a person or entity; or (i) misrepresent the origin of any content distributed through bluetarp.com.
Trademark Information. BLUETARP ® and BLUETARP (& Design) ® are registered trademarks of BlueTarp Financial, Inc. in the United States and Canada. All trademarks and service marks not owned by BlueTarp that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BlueTarp. Third-party trademarks and service marks on our Site include Microsoft Excel ®, Microsoft Money ® and Microsoft Word ®, which are registered trademarks of Microsoft Corp. This is not intended to be an exhaustive list of third-party trademarks on bluetarp.com.
Amendments. We may amend these Terms and Conditions at any time in our sole discretion, effective immediately. By accessing and using the information and services available on the Site following such amendment, you agree to these Terms and Conditions as amended.
Privacy. Please view our comprehensive Privacy Statement at www.bluetarp.com.
Suspension of Access; Removal of Content. BlueTarp may, at any time, without notice, for any reason, directly or indirectly, suspend, terminate or otherwise deny your access to and use of the Site, Software, and Content, as well as any of your other current activities involving BlueTarp if you breach these Terms and Conditions, without incurring any resulting obligation or liability. In addition to any remedies that we may have at law or in equity, if we in our sole discretion reasonably determine that you have violated or are likely to violate these Terms and Conditions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from the Site or Software of objectionable content.
Electronic Writings and Notices. The parties agree that any legal requirement of a written agreement or memorandum between them may be satisfied (a) by an e-mail, (b) by an electronic record of a document to be stored, retrieved and printed, (c) by any other method recognized as a writing under the Uniform Electronic Transactions Act as adopted in Maine, or (d) as set forth in the "Amendments" section above, for changes addressed by that provision. Any notice under these Terms and Conditions may be given (i) if applicable, as stated in the "Amendments" section above; (ii) if you have a user account, to you at the e-mail address you provide when you enroll in our service, and (iii) to us at email@example.com. For items (ii) and (iii), notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid, or, alternatively, either party may give notice by certified mail, postage prepaid and return receipt requested, to the address provided during the enrollment process. In such case, notice shall be deemed given three days after the date of mailing.
Governing Law; Jurisdiction. This Site, the Software, and the Content are created, licensed, and controlled by BlueTarp Financial, Inc. from its headquarters in the State of Maine, USA. As such, the laws of the State of Maine will govern these Terms and Conditions, without giving effect to any principles of conflict of laws. BlueTarp makes no representation that the Site, the Software, or the Content is appropriate or available for use in other locations, and if you use them from other locations, you are responsible for compliance with applicable local laws.
Waiver. No waiver by BlueTarp of any term or condition set forth in these Terms and Conditions 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 BlueTarp to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
Severability. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Conflict. If there is a conflict or ambiguity between any term of these Terms and Conditions, on the one hand, and Your Other BlueTarp Agreement, if any, on the other hand, then the terms of Your Other BlueTarp Agreement will prevail.
Questions. If you have any questions that are not answered elsewhere on the Site or Software, please contact us at firstname.lastname@example.org or call 888-321-6698.
Last Updated: 03/01/2017
© BlueTarp Financial, Inc. 2017