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Terms and Conditions

Your Acceptance

This is an agreement between BlueLine Grid Inc., a Delaware corporation ("BlueLine Grid"), the owner and operator of www.bluelinegrid.com (the "BlueLine Grid Site”), the BlueLine Grid software, including BlueLine Grid Messenger (collectively, including all content provided by BlueLine Grid through BlueLine Grid Messenger and the BlueLine Grid Site, the "BlueLine Grid Service", or the "Service"), and you, a user of the Service.

BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND BLUELINE GRID'S PRIVACY POLICY, WHICH CAN BE FOUND AT http://www.bluelinegrid.com/privacy.html. If you choose to not agree with any of these terms, you may not use the Service.

These Terms of Service apply to all users of the BlueLine Grid Service.

BlueLine Grid Access

Subject to your compliance with these Terms of Service, BlueLine Grid hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without BlueLine Grid's prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.

In order to access and use the features of the Service, you acknowledge and agree that you will have to provide BlueLine Grid with an email address. When providing your email address, you must provide accurate and complete information in order to be verified and allowed access to the Service. You are solely responsible for the messages that you submit and that are displayed for your account on the BlueLine Grid Service. You must notify BlueLine Grid immediately of any breach of security or unauthorized use of your mobile phone. Although BlueLine Grid will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BlueLine Grid or others due to such unauthorized use.

Information provided by our users through the BlueLine Grid Service may contain links to third party websites that are not owned or controlled by BlueLine Grid. BlueLine Grid has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, BlueLine Grid will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that BlueLine Grid shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" that access the Service in a manner that sends more request messages to the BlueLine Grid servers in a given period of time than a human can reasonably produce in the same period by using a BlueLine Grid application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, BlueLine Grid grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. BlueLine Grid reserves the right to revoke these exceptions either generally or in specific cases. We disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by BlueLine Grid clients. We have to disallow using request modification tools that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone numbers, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.

Intellectual Property Rights

The design of the BlueLine Grid Service and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to BlueLine Grid, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. BlueLine Grid reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Messages of third parties obtained through the Service for any commercial purposes.

User Messages

Direct messages, location data and photos or files that you send (the "Messages”) directly to other BlueLine Grid users will only be viewable by those BlueLine Grid user(s) or group(s) you directly send such information. The submission of your location status is done on a manual basis via "check-ins” by you and on an automatic basis if your government agency is a subscriber. As clarified in the following section, you retain your ownership rights in your Messages.

You shall be solely responsible for your own Messages and the consequences of posting or publishing them. Because BlueLine Grid is only acting as a repository of data, user submitted Messages do not represent the views or opinions of BlueLine Grid, and BlueLine Grid makes no guarantees as to the validity, accuracy or legal status of any status. In connection with Messages, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize BlueLine Grid to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Messages to enable inclusion and use of the Messages in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Message to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Messages in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your Messages, but you have to have the rights in the first place. However, by submitting the Messages to BlueLine Grid, you hereby grant BlueLine Grid a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Messages in connection with the BlueLine Grid Service and BlueLine Grid's (and its successor's) business, including without limitation for promoting and redistributing part or all of the BlueLine Grid Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each of your message recipients on the BlueLine Grid Service a non-exclusive license to access your Messages through the Service. The foregoing license granted by you terminates once you remove or delete a Message from the BlueLine Grid Service.

In connection with Messages, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant BlueLine Grid all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage BlueLine Grid or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.

Adult content must be identified as such. BlueLine Grid does not endorse any Message or any opinion, recommendation, or advice expressed therein, and BlueLine Grid expressly disclaims any and all liability in connection with Messages. BlueLine Grid does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and BlueLine Grid will remove all content and Messages if properly notified that such content or Message infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the BlueLine Grid user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support@bluelinegrid.com. BlueLine Grid reserves the right to remove content and Messages without prior notice. BlueLine Grid may also terminate a user's access to the Service if they are determined to be a repeat infringer, or for any or no reason. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a Message removed from the Service more than twice. BlueLine Grid also reserves the right to decide whether content or a Message is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. BlueLine Grid may remove such Messages and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

You understand that when using the BlueLine Grid Service you will be exposed to Messages from a variety of sources, and that BlueLine Grid is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Messages, and that such Messages are not the responsibility of BlueLine Grid. You further understand and acknowledge that you may be exposed to Messages that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BlueLine Grid with respect thereto, and agree to indemnify and hold BlueLine Grid, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the BlueLine Grid Service.

BlueLine Grid permits you to link to materials on the Service for personal purposes only. BlueLine Grid reserves the right to discontinue any aspect of the BlueLine Grid Service at any time.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE BLUELINE GRID SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BLUELINE GRID, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. BLUELINE GRID MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, OR INABILITY TO USE THE SERVICE (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BLUELINE GRID SERVICE. BLUELINE GRID DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BLUELINE GRID SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER MESSAGE OR OTHER ADVERTISING, AND BLUELINE GRID WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL BLUELINE GRID, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BLUELINE GRID CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT BLUELINE GRID SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by BlueLine Grid from its facilities in the United States of America. BlueLine Grid makes no representations that the BlueLine Grid Service is appropriate or available for use in other locations. Those who access or use the BlueLine Grid Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless BlueLine Grid, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the BlueLine Grid Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Messages caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the BlueLine Grid Service.

Ability to Accept Terms of Service

You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the BlueLine Grid Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the BlueLine Grid Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. BlueLine Grid is the developer of the Service, with an address at 261 Madison Ave, 9th FL, New York, NY 10016, info@bluelinegrid.com.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BlueLine Grid without restriction.

General

You agree that: (i) the BlueLine Grid Service shall be deemed solely based in New York; (ii) the BlueLine Grid Service shall be deemed a passive server that does not give rise to personal jurisdiction over BlueLine Grid, either specific or general, in jurisdictions other than New York; and (iii) that you agree to subject to the jurisdiction of New York in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and BlueLine Grid that arises in whole or in part from the BlueLine Grid Service shall be decided exclusively by a court of competent jurisdiction located in New York. These Terms of Service, together with the Privacy Policy at http://www.bluelinegrid.com/privacy.html and any other legal notices published by BlueLine Grid, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and BlueLine Grid concerning the BlueLine Grid Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and BlueLine Grid's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. BlueLine Grid reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the BlueLine Grid Service. Your continued use of the BlueLine Grid Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND BLUELINE GRID AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BLUELINE GRID SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.