Terms of Use

General Information

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ENTERING THE SITE.  EACH TIME YOU ENTER THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THE TERMS OF USE IN ITS THEN-CURRENT FORM.  IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THESE TERMS OF USE, PLEASE EXIT THE SITE.

Blue Sky Network and its affiliates (collectively, “Blue Sky Network”) own and operate the www.blueskynetwork.com website (the “Site”).  By using or browsing the Site, you acknowledge that you have read, understood and agree to be bound by these Terms of Use and all applicable laws and regulations.  If you do not agree to be bound by these Terms of Use, please do not use or access the Site or provide information to us.  We may change these Terms of Use at any time and without any notice to you, so we recommend that you periodically visit this page to review the current Terms of Use.  By using this Site after we post any changes, you agree to accept those changes regardless of whether you actually reviewed them.  Please also review our Privacy Policy, which governs your visit to the Site and which is incorporated into these Terms of Use.

Site Contents

The materials and content located on the Site (the “Contents”), including all information and content as well as any software programs available on or through the Site, are owned exclusively by Blue Sky Network, its affiliates and/or its content providers.  The Contents are protected by copyrights, trademarks, service marks, trade dress and other intellectual or ownership rights owned by Blue Sky Network and its affiliates.  Any rights not expressly granted in the Terms of Use are reserved for Blue Sky Network.  All trademarks and service marks appearing on the Site that are not owned by Blue Sky Network are the property of their respective owners.

Use of Site; Restrictions

This Site and its Contents is intended to be used solely for your personal and non-commercial informational use.  Any other use of the Site or the Contents is strictly prohibited, including but not limited to modification, removal, deletion, uploading, posting, redistribution, re-licensing, selling, duplicating, republication, transmission, publication, distribution, proxy caching, or any other dissemination without the express written permission of Blue Sky Network.  You may not use any framing techniques to enclose any Blue Sky Network trademarks or logos nor use any meta tags or other hidden text without Blue Sky Network’s prior written consent.  You may not link to the Site without our prior written consent.  Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited.

You may view and print a copy of the Contents displayed on the Site, and download a copy of any Contents that is designated for downloading, for your personal and non-commercial informational use only.  You may not alter the Contents in any way, including, without limitation, removing or modifying any copyright or other ownership notices or legends.  The rights, title and interest in the Contents are not transferred to you by copying or downloading the material.

Blue Sky Network may monitor your use of the Site, and any data that you transmit to the Site (including without limitation personally identifiable information) becomes the property of Blue Sky Network and may be used by Blue Sky Network for any lawful purpose without restriction, subject to the Privacy Policy set forth on the Site.

All materials at the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices.  Any disclaimers, restrictions or disclosures apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

Your continuing right to use the Site is subject to your agreement to abide by these Terms of Use in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site.  At any time and for any reason we may revoke your right to use all or any portion of the Site.

The information provided on this Site is free of charge and for informational purposes only and does not create a business or professional services relationship between you and Blue Sky Network.

Accuracy of Information

The Contents of the Site are for informational purposes only.

Blue Sky Network uses reasonable efforts to furnish accurate and up-to-date information, but at times we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate.  We do not guarantee that any information contained in the Site is accurate, complete, reliable, current or error-free or that the Site will be free from viruses.  We are not responsible for any errors or omissions in the Site.  In addition, we do not endorse the opinions of, or warrant the accuracy of facts or other content contributed by, any third party.

Dated content speaks only as of the date indicated.  Although we may modify the Contents, make improvements to the Site or correct any error or omission at any time and without notice to you, we are not obligated to do so.  Any use you make of the information provided on the Site is entirely at your own risk and you agree that Blue Sky Network will not be liable for any loss of data, lost profits or any other damages or losses resulting from your use of the Site, including without limitation any action you take or decision you make in reliance on any content on the Site.

Registration and Passwords

We reserve the right to restrict certain areas of information on this Site to our approved registered users.  If any area of the Site requires you to register with us prior to our granting you access to such areas of the Site, you agree to provide truthful information, including but not limited to a member name and password as well as your name, address, telephone number and a valid email address (the “account information”).  You agree to provide accurate account information and to update your account information as necessary to keep it accurate. Blue Sky Network will use your account information in accordance with the Privacy Policy.  You are solely responsible for maintaining the confidentiality of your member name and password.  You agree to notify us immediately of any actual or suspected loss, theft or unauthorized use of your member name, password or account.  Without limiting the generality of any other disclaimers in these Terms of Use, Blue Sky Network will not be responsible for any losses arising out of the unauthorized use of your account.

Online Conduct

You agree to use the Site only for lawful purposes.  You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.  You are prohibited from posting or transmitting to or through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane or hateful material, or any other material that could give rise to civil or criminal liability under any applicable law.  We may disclose any content or electronic communication of any kind (including your profile, e-mail address and other information): (1) to satisfy any legal, regulatory or governmental request; (2) if the disclosure is necessary or appropriate to operate the Site; or (3) to protect the rights or property of Blue Sky Network, its affiliates, and you.  We reserve the right to block access from a particular Internet address to the Site at any time and for any reason.

Disclaimer of Warranties; Limitations of Liability

THIS SITE AND ITS CONTENTS ARE PROVIDED BY BLUE SKY NETWORK “AS-IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  BLUE SKY NETWORK EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT.

BLUE SKY NETWORK’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN NO EVENT WILL BLUE SKY NETWORK, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, PRINCIPLES, AGENTS AND EMPLOYEES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, COMPENSATORY, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE REGARDLESS OF THE REASON, OR FOR ANY LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR DATA, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ANY SITE OR SERVICES LINKED THROUGH THIS SITE, OR ANY COPYING, DISPLAY OR USE THEREOF, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, EVEN IF BLUE SKY NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BLUE SKY NETWORK WILL NOT BE LIABLE FOR LOSSES OR DAMAGES ARISING OUT OF OR ANY WAY RELATED TO ANY THIRD PARTY WEB SITES OR THEIR CONTENT ACCESSED THROUGH LINKS IN THIS SITE, YOUR USE OF THIS SITE, OR YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply but liability shall be limited to the fullest extent permitted by law.

Indemnification Obligations

You agree to indemnify, defend and hold harmless Blue Sky Network and its affiliates, agents, employees and third party sources from and against any third party claim, action, demand, loss or damages (including attorneys’ fees and costs) arising out of or relating to your violation of these Terms of Use, your use of the Site or your violation of any rights of any third party.

Remedies for Violations

Blue Sky Network reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular IP address.

Links to Third Party Sites

Links on this Site may lead to services or sites not controlled or operated by Blue Sky Network  We provide these links for your convenience and information.  Links are not an endorsement of the site or service.  We assume no responsibility or liability for other sites or services.  Any use you make of any site or service linked to by this Site is entirely at your own risk.

Site Updates and Modifications of Terms of Use

You acknowledge that Blue Sky Network may update the Site and its contents, and may modify these Terms of Use at any time and without notice to you.  Modifications will be effective immediately upon posting unless we indicate otherwise.  You agree to review periodically these Terms of Use.  By entering the Site you agree to and fully accept these Terms of Use in its then-current form each time you enter the Site.

Feedback and Suggestions

All feedback, suggestions and other ideas submitted by you through the Site will be treated as non-confidential and non-proprietary and may be used or disclosed by Blue Sky Network for any purpose, without any obligation to compensate you.  All personal data provided to Blue Sky Network will be handled in accordance with our Privacy Policy.

Applicable Laws; Exclusive Jurisdiction

This Site and the Contents are displayed solely for the purpose of promoting Blue Sky Network’s solutions and services available in the United States of America and elsewhere. This Site is controlled and operated by Blue Sky Network from its offices in Scottsdale, Arizona, USA. You are responsible for complying with the laws of the jurisdiction from which you are accessing this Site, and you agree that you will not access or use the information on this Site in violation of such laws. These Terms of Use and your use of this Site will be governed by the laws of the State of Arizona, without regard to any conflict of law provision. You agree to submit to personal jurisdiction in Scottsdale, Arizona. Subject to the arbitration provisions contained in these Terms of Use, you agree that any cause of action arising under these Terms of Use will be tried and litigated exclusively in the state and/or federal courts located in Maricopa County, Arizona, USA. Our failure to enforce any rights under these Terms of Use will not constitute a waiver of any terms or conditions of these Terms of Use.

Arbitration

Any claim or controversy related to these Terms of Use or relating to this Site (with the exception of injunctive relief sought by Blue Sky Network), will be settled by arbitration in accordance with the then-current rules of the American Arbitration Association. The location of arbitration will be in Phoenix, Arizona. The decision of the arbitrator will be binding upon the parties. To the fullest extent permitted by applicable law, no arbitration will be joined with an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

Other Terms and Conditions

If there is a determination that any of these Terms of Use are invalid or unenforceable, that determination will not affect the remainder of these Terms of Use.  If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question.  Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or under these Terms of Use must be filed within one (1) year after such claim or cause of action arose or will be forever barred.  The section titles in these Terms of Use are for convenience only and have no legal effect.

Contact Us

In the event of any question relating to this Site or these Terms of Use, please e-mail us at [email protected].