1.1 Your use of BlueLink’s software, services and web pages (referred to collectively as the “Services”) is subject to the terms of a legal agreement between you and BlueLink. “BlueLink” means BlueLink LLC, whose principal place of business is at 603 East Paces Ferry Road, Atlanta, Georgia, 30305. This document explains the agreement and some of its terms.

1.2 Unless otherwise agreed in writing with BlueLink, your agreement with BlueLink will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.

1.3 Your agreement with BlueLink will also include the terms of any additional agreements between BlueLink and certain users applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be agreed to by you and available to you through a separate document.

1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and BlueLink in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms”.

1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

2.1 In order to use BlueLink’s Services, you must first agree to the Terms. YOU MAY NOT USE THE SERVICES IF YOU DO NOT ACCEPT THE TERMS.

2.2 You can accept the Terms by:

3.1 BlueLink is constantly developing new Services, striving to provide ever-improving Services to its users. You acknowledge and agree that the form and nature of BlueLink’s Services may change from time to time without prior notice to you.

3.2 As part of this continuing innovation, you acknowledge and agree that BlueLink may cease (permanently or temporarily) providing specific Services (or any features within the Services) to you (and to users generally), at BlueLink’s sole discretion, without prior notice to you.

3.3 You acknowledge and agree that if BlueLink disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

4.1 In order to access certain Services, you will be required to provide information about yourself (such as identification or contact details), your employees, and/or your customers as part of the registration process for the Service, or as part of your continued use of the Services. You agree to use commercially reasonable efforts to ensure that information you give BlueLink will be accurate, correct and complete.

4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

The Services use products and materials obtained under license from third parties that are copyrighted and proprietary. Unless otherwise agreed to in writing, you will only use the various, non-public-facing, password-protected Services for internal purposes, in conformance with the terms of the Agreement, and will not reproduce, duplicate, copy, sell or distribute the Services or any image or reproduction of the Services (electronic or otherwise) for any purpose without the express written consent of BlueLink.

4.3 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

4.4 You agree that you are solely responsible for any breach of your obligations under the Terms, and for the consequences of any such breach, including any loss or damage which BlueLink may suffer. You also agree that BlueLink has no responsibility to you or to any third party for your breach of your obligations under the Terms.

5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

5.2 Accordingly, you agree that you will be solely responsible to BlueLink for all activities that occur under your account.

5.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify BlueLink immediately at notices AT bluelinkdirect.com.

6.1 For information about BlueLink’s data protection practices, please read BlueLink’s privacy policy (click here to review).

6.2 You agree to the use of your data in accordance with BlueLink’s privacy policies.

7.1 You understand that all information (such as data, written text, and computer software) which you may have access to as part of, or through your use of, the Services has either (1) been produced by BlueLink using commercially reasonable efforts, or (2) has been submitted to us by other persons or companies. All information submitted by other persons or businesses, including but not limited to descriptions, discounts, and claims are the sole responsibility of the person or business from which such content originated. You acknowledge that BlueLink’s responsibility for content it originates is limited to the Terms in this document, including sections 13 and 14. All such information is referred to below as the “Content”.

7.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to BlueLink (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by BlueLink or by the owners of that Content, in a separate agreement.

7.3 You agree that you are solely responsible for (and that BlueLink has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which BlueLink may suffer) by doing so.

8.1 You acknowledge and agree that BlueLink (or BlueLink’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not).

You further acknowledge that the Services may contain information which is confidential, and that you shall not disclose such information without BlueLink’s prior written consent.

8.2 Unless you have agreed otherwise in writing with BlueLink, nothing in the Terms gives you a right to use any of BlueLink’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features, unless BlueLink agrees in writing prior to your use of it. In any event, though, you agree to immediately discontinue any use of such BlueLink features upon written request from BlueLink or following discontinuation of Services to you, regardless of the reason for that discontinuation.

8.3 Other than the limited license set forth in Section 10, BlueLink acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services. You agree that you are responsible for protecting and enforcing those rights and that BlueLink has no obligation to do so on your behalf.

8.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

8.5 Unless BlueLink has agreed in writing, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

9.1 BlueLink gives you a non-assignable and non-exclusive license to use the software provided to you as part of the Services as provided to you by BlueLink (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and benefit from the Services in a manner permitted by the Terms.

9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, disassemble, decompile or otherwise attempt to extract the source code of the Software or any part thereof.

9.3 Unless BlueLink has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

10.1 You retain copyright and any other rights you already hold in Content which (1) you submit, post or display on or through, the Services, or (2) is gathered by BlueLink through the Services on your behalf. By using the Services you give BlueLink a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, and otherwise use any Content which you submit through the Services. You further allow BlueLink to use all information gathered by BlueLink on your behalf in any manner, so long as the confidentiality of your and your company’s performance is preserved. This license is for the sole purpose of enabling BlueLink to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

10.2 You agree that this license includes a right for BlueLink to use such Content for the provision of certain services to other companies, organizations or individuals.

10.3 You understand that BlueLink, in proving the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of performing the Services. You permit BlueLink to take these actions.

10.4 You confirm and warrant to BlueLink that you have all the rights, power and authority necessary to grant the above license.

11.1 The Software which you use may automatically download and install software from BlueLink from time to time. These updates are designed to improve and enhance the Services. You agree to allow such updates as part of your use of the Services.

12.1 The Terms will continue to apply until terminated by either you or BlueLink as set out below.

12.2 If you want to terminate your legal agreement with BlueLink, you may do so by (a) notifying BlueLink at any time, (b) closing your accounts for all of the Services which you use, where BlueLink has made this option available to you, and (c) ceasing use of all Services. Your notice should be sent either to notices AT bluelinkdirect.com, or in writing to BlueLink’s address provided at the beginning of these Terms.

12.3 BlueLink may at any time terminate its legal agreement with you if (a) you have breached any provision of the Terms, or have acted in manner which indicates to BlueLink in its sole discretion that you do not intend to or are unable to comply with the provisions of the Terms; or (b) BlueLink is required to do so by law; or (c) if BlueLink determines that the provision of the Services to you is no longer in the best interests of BlueLink, its corporate Members, and/or other users.

12.4 Nothing in this Section shall affect BlueLink’s rights regarding provision of Services under Section 4 of the Terms.

12.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and BlueLink have benefited from, been subject to, or which expressly continue indefinitely, will be unaffected by this cessation, and the provisions of paragraph 18.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

13.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT BLUELINK’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or purchase goods that are provided by another person or company. You understand that any representations contained in the Services about that person’s or company’s services, including the nature, timeliness, cost, or overall quality of those services is based on (1) feedback gathered by BlueLink based on customer information provided by that person or company, and/or (2) statements and information provided directly by that person or company. You agree that you use any distinguishing information provided by BlueLink about such person or company at your own risk, and release and hold harmless BlueLink from any claim you may have as a result of your use of the Services.

13.3 IN PARTICULAR, BLUELINK, ITS OFFICERS, DIRECTORS, AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

13.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

13.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLUELINK OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

13.6 BLUELINK FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

14.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLUELINK, ITS OFFICERS, DIRECTORS, AND AFFILIATES SHALL NOT BE LIABLE TO YOU FOR:

14.2 THE LIMITATIONS ON BLUELINK’S LIABILITY TO YOU IN PARAGRAPH 14.1 ABOVE SHALL APPLY WHETHER OR NOT BLUELINK HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

15.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to individuals with contact information stored on the Services, queries made through the Services or other information.

15.2 The manner, mode and extent of advertising by BlueLink on the Services are subject to change without specific notice to you.

15.3 In consideration for BlueLink granting you access to and use of the Services, you agree that BlueLink may conduct such advertising as part of the Services.

16.1 The Services may include information, representations, contact or other information, or hyperlinks to other persons or businesses. BlueLink has no control over any persons or businesses other than BlueLink.

16.2 You acknowledge and agree that BlueLink is not responsible for the quality or availability of any such external sites or resources. While BlueLink does highlight various businesses for which it has gathered sufficient information to qualify those businesses as generally providing higher quality services than others, this highlighting is provided as a free service to you. BlueLink endorses no services of any business, and all businesses may perform poorly on any given job. You are ultimately responsible for any services you hire these businesses to perform.

16.3 You acknowledge and agree that BlueLink is not liable for any loss or damage which may be incurred by you as a result of the services of other businesses, including those highlighted by BlueLink, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, ratings, or other materials on either BlueLink’s or other businesses’ web sites or materials.

17.1 BlueLink may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, BlueLink will make a new copy of the Universal Terms available at [http://bluelinkdirect.com/TOS.hml] and any new Additional Terms will be made available to you from within, or through, the affected Services.

17.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, your use will signify your acceptance of the updated Universal Terms or Additional Terms.

18.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or purchase goods that are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

18.2 The Terms constitute the whole legal agreement between you, BlueLink, and your company (where applicable), and govern your use of the Services (but excluding any services which BlueLink may provide to you under a separate written agreement), and completely replace any prior agreements between you and BlueLink in relation to the Services.

18.3 You agree that BlueLink may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

18.4 You agree that if BlueLink does not exercise or enforce any legal right or remedy which is contained in the Terms (or which BlueLink has the benefit of under any applicable law), this will not be taken to be a formal waiver of BlueLink’s rights and that those rights or remedies will still be available to BlueLink.

18.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

18.6 You acknowledge and agree that any company of which BlueLink is the parent shall be third party beneficiaries to the Terms and that such other company shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

18.7 The Terms, and your relationship with BlueLink under the Terms, shall be governed by the laws of the State of Georgia without regard to its conflict of laws provisions. You and BlueLink agree to submit to the exclusive jurisdiction of the courts located within Fulton County, Georgia to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that BlueLink shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.