2. Changes to the Terms
3. User License
These Terms permit you to use the Mobile App for your own educational use and purposes. All copyright contained on the Mobile App is either owned by Bluon or published solely for educational and instructional purposes, except for certain User Contributions discussed herein. This Use License is at no charge to you. You recognize and agree that your ability to use and reuse the information contained on the Mobile App is limited by these Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, scrap, or transmit any of the material on our Mobile App, except that your phone or computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials and you may store files that are automatically cached by the Mobile App for display enhancement purposes. This is a grant of a license, not a transfer of title, and under this license you must not:
- Modify or copy any materials from the Mobile App;
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site;
- Access or use for any commercial purposes any part of the Mobile App or any services or materials available through the Mobile App;
- Use the materials for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software, copyright, or other information contained on Bluon’s Mobile App;
- Remove any copyright or other proprietary notations from the materials;
- Scrap any data; or,
- Transfer the materials to another person or “mirror” the materials on any other server.
4. Accessing the Mobile App and Account Security
We reserve the right to withdraw or amend the Mobile App and any service or material we provide on the Mobile App in our sole discretion without notice. We will not be liable if for any reason all or any part of the Mobile App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Mobile App, or the entire Mobile App, to users, including registered users. You are responsible for both making all arrangements necessary for you to have access to the Mobile App and ensuring that all persons who access the Mobile App through your mobile device are aware of these Terms and comply with them.
If you choose a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Mobile App or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a shared phone so that others are not able to view or record your password or other personal information. We have the right to disable any account, username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.
5. Intellectual Property Rights
The Mobile App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Company name, Terms, and company logo and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Mobile App is the trademarks of their respective owners. If you believe that any material or User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
6. Prohibited Uses
You may use the Mobile App only for lawful purposes in accordance with these Terms, except you agree not to use the Mobile App:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- To send, knowingly receive, upload, download, use, or reuse any material that does not comply with the Content Standards set out in these Terms;
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Mobile App, or which, as determined by us, may harm the Company or users of the Mobile App, or expose them to liability;
- In any manner that could disable, overburden, damage, or impair the Mobile App or interfere with any other party's use of the Mobile App, including their ability to engage in real time activities through the Mobile App;
- By engaging any robot, spider, or other automatic device, process, or means to access the Mobile App for any purpose, including monitoring or copying any of the material on the Mobile App;
- For any manual process to monitor or copy any of the material on the Mobile App, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
- To interfere with the proper working of the Mobile App;
- To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- To attempt to gain unauthorized access to, damage, or disrupt any parts of the Mobile App, the server on which the Mobile App is stored, or any server, computer, or database connected to the Mobile App; or,
- Attack or attempt to interfere with the Mobile App.
7. Monitoring and Enfporcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Mobile App or the public, could create liability for the Company, or as the Company determines in its sole and absolute discretion;
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Mobile App; and,
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Mobile App. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all material before it is posted on the Mobile App and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party; however, we do reserve the unilateral right to remove any objectionable material or reasonably modify any material for publication. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
8. Content Standards
These content standards apply to any and all User Contributions. User Contributions must entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote, or assist any unlawful act;
- Cause annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person, as determined at Bluon’s sole and absolute discretion;
- Impersonate any person or misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; and,
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the
Bluon’s Mobile App, AND ALL INFORMATION AND MATERIALS CONTAINED THERE, is provided “AS IS WHERE AS.” BLUON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR VIOLATION OF ANY OTHER RIGHT.
Bluon makes absolutely no warranty or representation regarding the Tech Support, QUOTING TOOLS, RETROFIT INSTRUCTIONS, OR ANY OTHER SERVICES offered via the Mobile App. USER understands and agrees that BY ACCESSING AND USING THIS MOBILE APP THAT THE USER MUST BE AN HVAC/R TECHNICIAN, CONTRACTOR, SUPPLIER, STUDENT, OR OTHER INDUSTRY PROFESSIONAL. USER REPRESENTS AND WARRANTS THAT and is admittedly experienced in the trade of HVAC and that the user is fully responsible for all work peformed. Bluon makes absolutely no representation or warranty concerning the accuracy, likely results, or reliability of the use of the materials on its Mobile App, specifically the RETROFIT Instructions Or the OEM user manuals, or otherwise relating to such materials or on the Mobile App. SUCH INFORMATION AND MATERIALS IS PROVIDED “AS IS” “WHERE AS” AND WITHOUT ANY WARRANTY WHATSOEVER.
In no event shall Bluon, any OEM, any distributor, or any related third party be liable for any damages (including, without limitation, damages for loss of data, lost profit, warranty violation, business interruption or otherwise) arising out of the use of - or inability to use - the BLUON MOBILE APP OR THE materials on Bluon’s Mobile App, even if Bluon or a Bluon authorized representative has been notified orally or in writing of the possibility of such damage. The maximum aggregrate liability for bluon shall be limited to the amount any user pays BLUON. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
11. Revisions and errata
The materials appearing on the Mobile App could include technical, typographical, or photographic errors. Bluon does not warrant that any of the materials on its Mobile App is accurate, complete, or current. Bluon may make changes to the materials contained on its Mobile App at any time without notice; however, Bluon does not make any commitment to update the materials.
You agree to defend, indemnify, and hold harmless Bluon, its affiliates, OEMs, licensors, and service providers, and its and their respective officers, directors, employees, contractors, attorneys, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Mobile App, or any third party claims for services rendered by you, including, but not limited to, your User Contributions, your use of Tech Support, your use of TdX 20 Retrofit, your use of quoting tools, your use of the Technician Toolbox, or any other use of the Mobile App's content, services, and products or your use of any information obtained from the Mobile App.
13. Governing Law and Jurisdiction
Any claim relating to Bluon’s Mobile App shall be governed by the laws of Delaware without regard to its conflict of law provisions. Any dispute under this agreement shall be settled in the jurisdiction determined under Section 13 of these Terms.
14. Binding Arbitration and Class Action Waiver
We hope we never have a dispute, but if we do, you agree to try for 60 days to resolve it informally. If we cannot, you agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide, and the arbitrator’s decision will be final except for a limited right to appeal under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceedings where someone acts in a representative capacity are not allowed. Nor is combining individual proceedings without the consent of all parties. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties understand and agree that this provision limits their ability to seek any form of judicial relief or other remedy outside of those mentioned herein.
Claims shall be heard by a single arbitrator, unless the claim amount exceeds $75,000, in which case the dispute shall be heard by a panel of three arbitrators. The arbitration shall be governed by the laws of the State of Delaware. The arbitrators will have no authority to award damages outside of these Terms, except as may be required by statute. The arbitrator(s) shall not award incidental, consequential, or punitive damages in any arbitration initiated under this section. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
15. Waiver and Severability
No waiver by Bluon of any term or condition set out in these 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 to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court, arbitrator, or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited. Notwithstanding, the remaining provisions of the Terms will continue in full force and effect.
Bluon has not reviewed all of the site or pages linked to its Mobile App and is not responsible for the contents of any such linked site or page. The inclusion of any link does not imply endorsement by Bluon of the Mobile App, and the use of any such linked site or page is at YOUR OWN RISK.
17. Entire Agreement
These Terms and our Privacy, Communication, and DMCA Policies constitute the sole and entire agreement between you and Bluon regarding the Mobile App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
When signing up for the App you choose your preferred contact method and authorize Bluon to contact you via email, text, and/or call. You may change your preferences in the User settings. Standard message and data rates apply. You can opt-out at any time by texting “STOP” or by contacting Bluon at (855) 425-8686 or [email protected].
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
This notice is for informational purposes only. It is not intended as, nor should it be construed as, legal advice. If you believe that your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel. This App, including all text, HTML, scripts, and images are copyrighted – or used under the Fair Use Doctrine - and owned by Bluon, Inc. All rights reserved. No part of this App may be reproduced or transmitted in any form or by any means, mechanical, electronic, or otherwise, including photocopying and recording, or by any information storage and retrieval system, or transmitted by email, or used in any other fashion without the express prior written permission of Bluon. This, of course, excludes the downloading and temporary caching of this App on your mobile phone for the explicit purpose of viewing, as well as any information clearly marked as reproducible. This copyright notice applies to everyone, including all Users of the App.
The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet. Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact Bluon, the person or entity, or the designated agent of the ISP to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the App.
Bluon is committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, Bluon will block access to the allegedly infringing material and will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them may submit a Counternotice to Bluon.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Please send DMCA notifications of claimed copyright infringement to Bluon, Inc. at 18 Bunsen, Irvine, CA 92618 U.S.A. To file a notice of infringement with Bluon, you must provide written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the App or a page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney. To expedite our ability to process your request, please use the following format (including section numbers):
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon;
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above. You must include the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright;
- Provide information reasonably sufficient to permit Bluon to contact you (name, email address, and a phone number are required, at minimum);
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law”; and,
- The signature of the copyright owner or a person authorized to act on behalf of the copyright owner.
You may send your notice via email provided such notice includes a proper electronic signature.
For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).
COUNTERNOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT
If a notice of copyright infringement has been filed against you, Bluon will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counternotification with Bluon. If Bluon receives a valid counter notification, the DMCA provides that the removed or blocked information will be restored or access reenabled. Bluon will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counternotification, unless Bluon first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this website. Please be advised that United States copyright law provides substantial penalties for a false counternotice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.