bluwinx, Ltd. (“bluwinx”)

Terms and Conditions

Effective Date: January 1, 2018

Terms of Use

These Terms of Use and Disclaimers contain important information about this website. Please carefully read the following Terms of Use and Disclaimers before using the bluwinx.com website. By using our website (“website”), you agree to these policies. If you do not agree to these terms and policies, you may not use this site. bluwinx reserves the right, at any time, to modify, alter or update these Terms of Use and Disclaimers and you agree to be bound by such modifications, alterations or updates.  Modifications will be published and dated here.  This website is only for personal use.    You shall not use this Website for any illegal purposes and in particular agree that you shall not send, use, copy, post (or allow anything to be sent, used, copies, or posted) which violates the law, or is defamatory or obscene or which is abusive, indecent or in breach of the privacy of any person.  You agree not to send any unsolicited promotional or advertising material, spam or similar materials or any volume messages that may interfere with the operation of this Website or with the enjoyment of this Website by other visitors. As long as you comply with the terms of these Terms and Conditions of Use, bluwinx grants you a non-exclusive, non-transferable, limited right to enter, display, and use this website.  You further agree not to interrupt or attempt to interrupt the operation of this website in any way.  We reserve the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of this Website and to restrict or prohibit access to it, as we may deem appropriate.

Intellectual Property

All content included on our website, such as text, graphics, logos, button icons, images, and audio or video clips (“Content”), is exclusively the property of bluwinx or its licensors and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content of bluwinx.com is the exclusive property of bluwinx and protected by U.S. and international copyright laws.  There are a number of proprietary logos, service marks, and trademarks found here.  By making such Content available on this Site, bluwinx is not granting you any ownership rights or license to utilize the Content in any fashion.  Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.  You may not distribute, exchange, modify, sell, or transmit any Content from this website, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose.  The reproduction, modification, distribution, transmission, republication, display or performance of the Content of bluwinx.com is strictly prohibited.

Links to Other Websites and Services

bluwinx.com may contain links to websites other than our own. bluwinx does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. bluwinx does not control the content of these sites and takes no responsibility for their content, nor should it be implied that bluwinx endorses or otherwise recommends such sites or the products or services offered.

Applicable Law

bluwinx.com is created and controlled by bluwinx, ltd. in the state of Ohio, U.S. As such, the laws of the state of Ohio will govern your use of this website, disclaimers, terms of use, disclaimer, and privacy policy without giving effect to any principles of conflict of law. We reserve the right to make changes to our website and these disclaimers, terms and conditions at any time, for any reason.

The information contained in this Website is intended for general information purposes only.  We have made all reasonable efforts to ensure that the information on this Website is accurate at the time of inclusion, however we do not guarantee the accuracy of such information.

Disclaimer of Warranties and Damager; Limitation of Liability

YOUR USE OF THIS SITE IS AT YOUR OWN RISK.  THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED “AS IS”.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, BLUWINX, LTD. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) AS TO THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, OR (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BLUWINX, LTD.’S, NEGLIGENCE, SHALL BLUWINX, LTD. BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (1) THE USE OF, (2) THE INABILITY TO USE, OR (3) ERRORS OR OMISSIONS IN THE CONTENT AND FUNCTIONS OF THIS SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL BLUWINX, LTD.’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.