BlüShift Strategy Terms and Conditions of Use
Please read the following Terms and Conditions of Use (these “Terms”) carefully before using the BlüShift Strategy LLC (“BlüShift”) website, as well as any online features, services and/or programs offered by BlüShift (collectively, the “Website”). By accessing or using the Website, you agree to the following Terms. You should review these Terms regularly as they may change at any time in the sole discretion of BlüShift. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website.
“We”, “us” and “our” mean BlüShift Strategy LLC. We may refer to you or any person that uses our Website as “you” or “your” or a “user.” “Content” refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Website.
The Website is provided to you as a convenience and for your information only. By merely providing access to the Website, we do not warrant or represent that: (i) the Content is accurate or complete; (ii) the Content is up-to-date or current; (iii) the Content is free from technical inaccuracies or typographical errors; (iv) the Content is free from changes caused by a third party; (v) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (vi) any information obtained in response to questions asked through the Website is accurate or complete. Additionally, we have obligation to update any Content found on the Website.
III. Accuracy and Scope of Information
In making this Website available, no client, advisory, fiduciary or professional relationship is implicated or established and neither BlüShift nor any other person is, in connection with this Website, engaged in rendering auditing consulting or other professional services or advice. Neither this Website nor any content on or accessed through this Website shall be considered a substitute for independent investigations and you should use your sound technical and business judgment to consult with a professional advisor familiar with your particular factual situation for advice or service concerning specific matters.
IV. License; Proprietary Rights
Unless otherwise indicated, the Website and all its Content, including, without limitation, the BlüShift Strategy logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of BlüShift Strategy LLC or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, nonsublicensable license to access and use the Website for personal and informational purposes only. Under no circumstances may you use the Website’s services and materials in a manner that exceeds the rights granted for your use.
You acknowledge and agree that the Website and the Site Materials are and shall remain the exclusive property of BlüShift Strategy LLC, all rights are reserved. BlüShift Strategy LLC owns the copyright in the contents of the Website as a collective work and/or compilation in the selection, coordination, and arrangement of all content. BlüShift Strategy LLC and all other names, logos, and icons identifying BlüShift Strategy LLC and its services are proprietary trademarks, and any use of such marks without the express written permission of the BlüShift Strategy LLC is prohibited.
V. Third Party Content and Links
If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with BlüShift. In most cases, BlüShift is not even aware that a third party has linked to the Website. A third party website that links to the Website: (i) may link to, but not replicate, BlüShift’s Content; (ii) may not create a browser, border environment or frame BlüShift’s Content; (iii) may not imply that BlüShift is endorsing it or its products or services; (iv) may not misrepresent its relationship with BlüShift; (v) may not present false or misleading information about BlüShift’s products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; and (vii) should contain only content that is appropriate for all age groups.
VI. Customer’s Responsibilities
A. Customer Limitations
In connection with using or accessing the Website, you will not:
- Use the Website if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- Post false, inaccurate, misleading, defamatory, or libelous content;
- Distribute viruses or any other technologies that may harm BlüShift, or the interests or property of users;
- Use any robot, spider, scraper or other automated means to access BlüShift services for any purpose;
- Reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to BlüShift Strategy LLC, or that comes from the Website and belongs to another third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of BlüShift Strategy LLC and/or any other party holding the right to license such use;
- Commercialize any Site Materials associated with our Website; or
- Harvest or otherwise collect information about users without their consent.
B. USAGE BY CHILDREN AND MINORS
We cannot prohibit minors from visiting the Website. We must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view.
VII. Term and Termination
A. We Can Change Our Application and the Terms and Conditions of Use
We may modify all or any part of the Website, as well as our Terms at any time and for any reason. You agree that we may provide to you required notices, agreements and other information concerning our services. We will notify you about significant changes to these terms, including in the way we treat personal information, by sending a notice to any voluntarily offered e-mail address and/or by posting a notice at the top of this page. The changes are effective after we post the changes or notify you. You are responsible for regularly reviewing these terms. Continued use of the Website after any such changes shall constitute your irrevocable and unconditional consent to such changes.
B. Automatic Termination
The license to use our Site Materials automatically terminates if you violate any part of the Terms. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
VIII. Warranties; Disclaimer
A. No Warranty
THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE EXCLUDE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY BLÜSHIFT STRATEGY LLC WEB SITE, IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR WILL BE CORRECTED. BLÜSHIFT STRATEGY LLC DOES NOT WARRANT THAT ALL OR ANY INTERNET BROWSER OR PLATFORM IS SUPPORTED BY THE WEBSITE. FURTHER, BLÜSHIFT STRATEGY LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE WILL BE ERROR-FREE OR UNITNURPUTED, OR THAT ANY DEFECTS WILL BE CORRECTED. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT ANY APPLICABLE RIGHTS YOU MAY HAVE UNDER LOCAL LAW
ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW FOR BLÜSHIFT STRATEGY LLC AND ITS AFFILIATES.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE. BLÜSHIFT STRATEGY LLC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS DESCRIBED ON OR AVAILABLE THROUGH THIS SITE FOR ANY PURPOSE.
- Internet Delays. USE OF THE WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. BLÜSHIFT STRATEGY LLC IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
- Links to Third Party Sites. The Website contains links to third party sites. These links are provided for convenience purposes and are not under the control of BlüShift Strategy LLC. If you choose to link to such third party web sites, BlüShift Strategy LLC makes no warranties, either expressed or implied, concerning the content of such sites, including the operations, programming and conduct of transactions over such sites. BlüShift Strategy LLC does not warrant that such sites or content are free from any claims of copyright or other infringement or that such sites or content are devoid of viruses. BlüShift Strategy LLC disclaims all liability of any kind whatsoever arising out of your use of, or inability to use such third party web sites, the use of your information by such third parties, and the security of information you provide to such third parties
IX. Privacy Policies
A. Information Collection and Use
While using the Website, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. You will manually input this information and it is completely voluntary. Personally identifiable information may include, but is not limited to your first and last name, phone number, company name, title, and your email (“Personal Information”). This information will be saved in a lead data base and may be used to contact you in the future. You may be added to an email list, that will include updates from BlüShift Strategy LLC, which you may opt out of.
B. Personal Information Sharing
We do not rent or sell your Personal Information to other companies or individuals, unless we have your consent. We may share aggregated information with others. We may share Personal Information in any of the following limited circumstances: (i) we have your consent; (ii) we provide such information to trusted businesses or persons for the sole purpose of processing personally identifying information on our behalf, subject to agreements that oblige those parties to process such information only on our instruction and in compliance with these Terms and appropriate confidentiality and security measures; (iii) we are required by law of have good faith belief that access, preservation or disclosure is reasonably necessary to protect the rights, property or safety of BlüShift, its users, or the public.
In the event of a transfer of ownership of BlüShift Strategy LLC, such as acquisition by or merger with another company, we will provide notice before an personally identifying information is transferred and becomes subject to a different Terms and Conditions of Use.
C. Log Data
Like many site operators, we collect information that your browser sends whenever you visit the Website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of the Website that you visit, the time and date of your visit, the time spent on those pages and other statistics.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
The Children’s Online Privacy Protection Act of 1998 and its rules (collectively, “COPPA”) require us to inform parents and legal guardians (as used in these Terms, “parents”) about our practices for collecting, using, and disclosing personal information from children under the age of 13 (children). We do not knowingly collect any personally identifiable information from children.
BlüShift Strategy LLC may update these Terms. We will notify you about significant changes, such as in the way we treat personal information, by placing a prominent notice on this page. You are responsible for regularly reviewing these Terms. Continued use of the Website after any such changes shall constitute your irrevocable and unconditional consent to such changes
XII. Governing Law and Forum Selection
The Agreement is entered into under and is governed by Ohio law. Any and all disputes arising out of, in connection with, or relating to this agreement and/or the transactions and relationships among the parties contemplated by this agreement must be brought in any proper court in the State of Ohio.
XIII. Entirety Agreement
These Terms constitute the entire agreement between us regarding our service through the Website. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Additional agreements may be made if you choose to use BlüShift Strategy LLC consulting services.
XIV. Attorney Fees
If either party breaches these Terms, the breaching party must pay the other party’s reasonable attorney fees and court costs.
The headings in these Terms are for convenience only, and will not be used to modify, limit, or extend any provision.
These Terms are separable. If a court declares any provision of these Terms void or invalid, all other provisions of these Terms remain binding.
XVII. Complete Agreement
By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website.
If you have any questions about these Terms, please contact us.
BlüShift Strategy LLC
6100 Oak Tree Blvd. #200
Independence, OH 44131