Terms of Use

1. User's Acknowledgment and Acceptance of Terms

clearbluebox.com ("Us" or "We") provide the clearbluebox.com site and various software services (collectively, the "Site") to "You", the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between Us and You pertaining to the service.

BY USING THIS SITE OR LINKED SERVICES ACCESSIBLE THROUGH THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

2. Description of Services

The services we provide are for assisting in the management of non-emergency service requests and maintenance management of assets. Satisfactory delivery of the service is constituted solely by the availability of the Site for your use. You will review all materials and functionality provided with the service and determine its usefulness and suitability for your application including code compliance, health, safety and other regulations. Regulations, health and safety codes, guidelines and practices vary geographically, through time and from facility to factility; the materials provided in the Site is for example purposes only and is not to be relied upon for regulatory, code, safety or other purposes. We reserve the right to modify the service at any time for the purpose of improving or streamlining operation or functionality . We will not be liable to You or any third party should we exercise such right. We do not provide consulting, design or other professional services through the Site. No products are provided by the the Site or through the use of the Site.

3. Conduct on Site

You agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information, that:

a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, wrongful, or otherwise violates our rules or policies;

b. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

c. constitutes unauthorized or unsolicited advertising, junk or bulk email;

d. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

e. impersonates any person or entity.

We neither endorse nor assume any liability for content submitted to the Site. We have the right to remove any content that violates the Terms of Use. You hereby consent to such removal and waive any claim against us arising out of such removal of content. You will not store personal data on the site.

You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

You agree that we may at any time, and at our sole discretion, terminate your account with 180 days prior notice. All data will be returned to You.

We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

5. Third Party Sites and Information

This Site may contain links to third party sites for which we are not responsible for content.

6. Intellectual Property Information

ProServe, ClearBlueBox and ClearBlueWave are trademarks of AJA Inc.

By accepting these Terms of Use, You acknowledge and agree that all content presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of AJA Inc. You are only permitted to use the content as expressly authorized by us. Except for content You have created, You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Site in any form or by any means without prior written permission from Us, and You are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Site. Any unauthorized use of the materials appearing on Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. You may not attempt to reverse engineer the software. You may not provide access to, provide likenesses of, or demonstrate the software to a third party software developer.

7. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR SPECIFIC REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED.

SOME PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Warranty

We will perform what measures are necessary to maintain the Site materials and functionality, but this warranty does not include access or performance problems arising from the Internet or third party cloud services which are not under our direct care and control. You understand and agree that short, temporary interruptions of the services available through this site may occur occasionally. You further understand and agree that we have no control over third party networks, infrastructure and cloud services you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are beyond our control.

9. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY CLOUD SERVICE ACCESSED FROM THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

Upon a request by Us, You agree to defend, indemnify, and hold Us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

11. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone. You may create additional users to meet your requirements.

12. Governing Law

The Site is controlled by Us from our offices within the BC, Canada. It can be accessed from a browser connected to the Internet globally. You agree that the statutes and laws of BC will apply to all matters relating to the use of the Site and hereby submit to the exclusive jurisdiction and venue of a court within the Province of BC with respect to such matters.

13. Notices

All notices to Us shall be in writing and shall be made via email using the Contact link provided. Notices to You, if any, will be sent to the email address supplied with your registration.

14. Entire Agreement

These terms and conditions constitute the entire agreement concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter with the exception of a written agreement into which this has be embodied by mutual reference.

15. Miscellaneous

You may not assign your rights and obligations under these Terms of Use to any party without prior permission by Us which will not be unreasonably with-held. We may assign our rights and obligations under these Terms of Use to an Affiliate.

You agree not to sell or resell any portion of this site or linked services without prior permission by Us.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Terms of Use, and the remaining portions shall remain in full force and effect.

Any failure by Us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.