Blue Planner Terms of Service
"Blue Planner" is a service offered by Softalot LLC, a Washington
Limited Liability Company. For the purpose of these Terms of Service,
"Blue Planner" when referred to as an organization, shall mean Softalot
LLC and the business unit providing the "Blue Planner" services. By using Blue Planner's scheduling software or any other Blue
Planner related services offered through this site ("Blue Planner
Services"), you agree to be bound by the following terms and conditions
(the "Terms of Service"). As used in this agreement, "Blue Planner
Services" does not include using the Softalot Simple Reservation System,
when licensed for installation and use on your own servers.
Content in Blue Planner Schedules
The resources and the details of appointments and events are entered into the system by people over whom
Blue Planner has no control. Blue Planner cannot and does not
screen all content before it gets published online. Blue
Planner allows optional passwords and privacy settings to control access
to schedules/planners, but schedule owners may not use these
options and hence permit either willingly or unwillingly, that schedules
and content become publicly accessible. For example, you may try to
create a new "planner" with a name that is already taken. You type that
name into the go to an "existing planner" input box and end up in an
existing "unprotected" planner with objectionable, inappropriate, or
offensive content. Our terms of service do exclude certain types of
content, but we cannot police compliance nor do we assume any
responsibility for the content. We do encourage you, however, to write
to info@softalot.com if you come
across content that could possibly violate these Terms of Service.
Disallowed Use
You cannot use Blue Planner Services for any illegal activity, any
scheduling thereof, or aiding any such activity in any way. For the
purpose of definition: "illegal" means "illegal in any State of
the United States of America" and/or "illegal in any of the local
jurisdictions of your and/or your users' residence". Independent of
legality, we at Softalot LLC, and our successors and assigns,
reserve the right to limit or prevent access, and to remove content
(selectively or entire
planners as a whole) at our sole discretion.
Copyright and Intellectual Property
Large portions of the software behind Blue Planner Services are
written as client-side JavaScript, which is downloaded to your browser
when you navigate to the Blue Planner web site. The Software, including
the program code, its documentation, images, and other related materials
are the property of Softalot LLC and its suppliers. You may use the
Software only by visiting the Blue Planner web site, creating personal
planners, and by scheduling your resources on the Blue Planner site. You
may not download the Software and use it in any other way. You may not
copy the software, neither in part nor as a whole, and you may not save
and store any portion of the Software on any electronic media, such as
hard disks, floppy drives, flash memory drives, CDs, DVDs, etc.
You may not study the source code. If you are interested in the
technology and the source code, you can obtain a developers license from
Softalot LLC.
Non-commercial Use
The Blue Planner Services are made available for your personal and
business use only, but not for commercial use. By that we mean: You may not
use the Blue Planner Services as part of your own product, web site, or service
offering. You may not use Blue Planner to sell a product or service, or to increase traffic to your
Web site. You may not offer Blue Planner to a third party and derive
income from it, neither directly nor indirectly. As examples: you can use Blue Planner
Services to schedule your office
meeting rooms and share the information with your colleagues, but you cannot
place a hypertext link to Blue Planner Services or to a planner on the
Blue Planner web site, and invite your clients or web site visitors to
view or participate in a Blue Planner schedule/planner.
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Changes In Terms of Service and the Blue Planner Services
We may change or terminate our services from time to time, for any
reason, and without notice, including the right to terminate with or
without notice, without liability to you, any other user or any third
party. We reserve the right to modify these Terms of Service from time
to time without notice. Please review these Terms of Service from time
to time so that you will be apprised of any changes.
Disclaimer of Warranties
Blue Planner disclaims any and all responsibility or liability for the
accuracy, content, completeness, legality, reliability, or operability
or availability of information or material displayed in the Blue Planner
Service. Blue Planner disclaims any responsibility for the
deletion, failure to store, wrong delivery, or untimely delivery of any
information or material. Blue Planner disclaims any responsibility for
any harm resulting from downloading or accessing any information or
material on the Internet from or through the Blue Planner Services.
THE Blue Planner SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND
SERVICES INCLUDED IN THE Blue Planner SERVICES ARE PROVIDED "AS IS,"
WITH NO WARRANTIES WHATSOEVER. Blue Planner AND ITS LICENSORS EXPRESSLY
DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED,
AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Blue Planner AND ITS LICENSORS
DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS,
AND PERFORMANCE OF THE Blue Planner SERVICES. Blue Planner AND ITS
LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE
OBTAINED THROUGH THE Blue Planner SERVICES. Blue Planner AND ITS
LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH
OR ADVERTISED ON THE Blue Planner SERVICES OR RECEIVED THROUGH ANY LINKS
PROVIDED BY THE Blue Planner SERVICES, AS WELL AS FOR ANY INFORMATION OR
ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE Blue Planner SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL
OR DATA THROUGH THE USE OF THE Blue Planner SERVICES AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO
HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO
JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Blue Planner OR ITS LICENSORS BE LIABLE
TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON
THE Blue Planner SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS
AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY
SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH
CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, (EVEN IF Blue Planner OR ITS LICENSORS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES).
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SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE
FROM USE OR MISUSE OF AND RELIANCE ON THE Blue Planner SERVICES, FROM
INABILITY TO USE THE Blue Planner SERVICES, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE Blue Planner SERVICES (INCLUDING SUCH
DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION
SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Blue Planner
SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE Blue Planner
SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED ON THE Blue Planner SERVICES OR RECEIVED THROUGH
ANY LINKS PROVIDED IN THE Blue Planner SERVICES. THIS LIMITATION SHALL
ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH
LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR
NON-PERFORMANCE OF THE Blue Planner SERVICES OR ANY INFORMATION OR
MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE
Blue Planner SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST
EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Blue
Planner or its licensors be held liable for any delay or failure in
performance resulting directly or indirectly from acts of nature,
forces, or causes beyond its reasonable control, including, without
limitation, Internet failures, computer equipment failures,
telecommunication equipment failures, other equipment failures,
electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials,
fires, floods, storms, explosions, acts of God, war, governmental
actions, orders of domestic or foreign courts or tribunals,
non-performance of third parties, or loss of or fluctuations in heat,
light, or air conditioning.
Miscellaneous Provisions
These Terms of Service will be governed by and construed in
accordance with the laws of the State of Washington, without giving
effect to its conflict of laws provisions or your actual state or
country of residence. If for any reason a court of competent
jurisdiction finds any provision or portion of the Terms of Service to
be unenforceable, the remainder of the Terms of Service will continue in
full force and effect.
These Terms of Service constitute the entire agreement between the
parties with respect to the subject matter hereof and supersedes and
replaces all prior or contemporaneous understandings or agreements,
written or oral, regarding such subject matter. Any waiver of any
provision of the Terms of Service will be effective only if in writing
and signed by Softalot LLC. |