General Terms of Use

These are the general terms, relevant when browsing BlueberryCMS. For terms relating to creating and managing an account, or authoring sites and content, please see our paas terms of use.

Any questions regarding these General Terms of Use (Terms) should be sent by email to support@blueberrycms.com or by contacting us at:

Blueberry, Inc.
The Data Protection and Information Assets Team
P.O. 133
Berlin, MD 21811 United States
800-528-0125

Effective starting January 1, 2019

This website (Site) is operated by Blueberry, Inc. (we, our or us) and is available at: https://www.blueberrycms.com and may be available through other addresses or channels. Please read these Terms carefully and immediately cease using the Site if you do not agree to it.

  1. Consent
  2. Variations
  3. License to use our Site
  4. Prohibited conduct
  5. Exclusion of competitors
  6. Information
  7. Intellectual Property Rights
  8. User Content
  9. Third Party Sites
  10. Discontinuance
  11. Warranties and disclaimers
  12. Limitation of liability
  13. Indemnity
  14. Termination
  15. Disputes
  16. Severance
  17. Jurisdiction
  18. Miscellaneous
  19. Contact Us

By accessing and/or using our Site, you agree to these Terms and our Privacy Policy. Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

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Variations

We may, at any time and at our discretion, vary these Terms by publishing modified terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current Terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

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License to use our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable license to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

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Prohibited conduct

Prohibited activity includes, but is not limited to:

  • criminal or tortious activity;
  • systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission;
  • tricking, defrauding or misleading us, especially in any attempt to learn sensitive account information such as passwords;
  • engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools;
  • interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site;
  • attempting to impersonate another user or person or using the username of another user;
  • using any information obtained from the Website in order to harass, abuse, or harm another person;
  • deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Site;
  • attempting to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
  • harassing, annoying, intimidating or threatening any of our employees or agents engaged in providing any portion of the Site;
  • deleting the copyright or other proprietary rights notice from any Content;
  • except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Site, or using or launching any unauthorized script or other software; or
  • using the Site in a manner inconsistent with any and all applicable laws and regulations.

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Exclusion of competitors

You are prohibited from using our Site, including the Content, in any way that competes with our business.

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Information

The Content is not comprehensive and is for general information purposes only. It does not consider your specific needs, objectives or circumstances, and it is not advice. While we employ reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

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Intellectual Property rights

Unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

  1. copy or use, in whole or in part, any Content;
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  3. breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

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Third party sites

Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.

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Discontinuance

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

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Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

  1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  2. access will be uninterrupted, error-free or free from viruses; or
  3. our Site will be secure.

Your use of our Site at your own risk.

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Limitation of liability

IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

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Termination

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

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Disputes

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the Party claiming there is a Dispute must give written notice to the other Party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the Parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the Party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the Parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either Party (by notice in writing to the other Party) to litigation.

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Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

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Jurisdiction

Your use of our Site and these Terms are governed by the laws of the State of Maryland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Worcester County, Maryland, and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. The foregoing does not limit our right to bring an action to seek injunctive relief to enforce these Terms or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to you. Application of the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms.

Our Site is accessed globally. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside of the United States. If you access our Site from outside of the United States, you do so at your own risk and are responsible for complying with the laws of the jurisdiction from where you access our Site.

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Miscellaneous

These Terms constitute the entire agreement between you and use regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Upon our request, you will furnish us with any documentation, substantiation or releases necessary to verify your compliance with these Terms. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

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Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.

Any questions regarding our General Terms of Use should be sent by email to support@blueberrycms.com or by contacting us at:

Blueberry, Inc.
The Data Protection and Information Assets Team
P.O. Box 133
Berlin, MD 21811 United States
800-528-0125

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