Blue Star Families, Inc. (“Blue Star Families”) operates and maintains the domain and website located at www.bluestarfam.org (collectively hereinafter, “Site”) to provide online access to information about BLUE STAR FAMILIES and the products, services, and information we provide (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions described herein (“Terms of Use”).  These Terms of Use, together with applicable additional terms and conditions, are referred to as “Agreement.”

 

BLUE STAR FAMILIES reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.  

1. Use of Site

The Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise perceive on the Site are all defined as “Content”.  The Content is solely for your non-commercial, personal use and/or to learn about BLUE STAR FAMILIES products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. BLUE STAR FAMILIES reserves complete title and full intellectual property rights in all Content.  Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

2. Copyright

Portions of this Site and its Content are protected by U.S. and/or foreign copyright laws, and belong to BLUE STAR FAMILIES or its partners, affiliates, licensees or authorizing third parties. Any copyrights in the Content are owned by BLUE STAR FAMILIES or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by BLUE STAR FAMILIES, for example in certain password-restricted areas of the Site). You may not transmit, duplicate, gather, reproduce or display any of the Content on this Site without express written authorization from BLUE STAR FAMILIES.

3. Trademarks

You are prohibited from using any of the trademarks, designs or logos appearing throughout the Site without express written permission from BLUE STAR FAMILIES or the respective trademark owner, except as permitted by applicable law.

4. Links to Third-Party Websites

Links on the Site to third-party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by BLUE STAR FAMILIES of the third party, the third-party website, or the information contained therein. BLUE STAR FAMILIES is not responsible for the availability of any such websites. BLUE STAR FAMILIES is not responsible or liable for any such website or the content thereon. If you use the links to the websites of BLUE STAR FAMILIES affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those websites.

5. Disclaimer of Warranties

BLUE STAR FAMILIES MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. BLUE STAR FAMILIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. BLUE STAR FAMILIES DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. BLUE STAR FAMILIES DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

9. Limitation of Liability

IN NO EVENT WILL BLUE STAR FAMILIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF BLUE STAR FAMILIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, BLUE STAR FAMILIES’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.  

10. Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless BLUE STAR FAMILIES, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

11. Privacy

The BLUE STAR FAMILIES Privacy Policy is available at www.bluestarfam.org.

12. User Conduct; Use of Communication Services

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

 

This Site may contain forums, calendars, and/or other message or communication facilities designed to communicate with you (collectively, the “Communication Services”).  You agree to use the Communication Services only to view and post messages and material that are proper and, when applicable, related to the particular Communication Service.  You agree, without limitation, that you will not:

 

            a) Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk mail, spamming, or any duplicative or unsolicited messages, whether commercial or otherwise;

            b) Advertise or offer to sell or buy any goods or services without the advance written permission of Blue Star Families, Inc.

            c) Publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

            d) Use any material or information, including images or photograph in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;

            e) Provide links to files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or any other similar software or programs that may damage the operation of another’s computer or property of another;

            f) Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

            g) Restrict or inhibit any other user from using and enjoying the Communication Services;

            h) Violate any code of conduct or other guidelines which may be applicable to any Communication Service;

            i) Harvest or otherwise collect information about other users of the Site, including email addresses, except with the advance written permission of Blue Star Families, Inc.;

            j)  Create a false identity for the purpose of misleading others.

            k) Use, download or otherwise copy or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.

           

13. Unsolicited Idea Submission Policy

BLUE STAR FAMILIES does not accept ideas, concepts, or techniques for new services or products through the Site ("Comments").  If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) BLUE STAR FAMILIES and its affiliates are under no obligation to keep such information confidential, and (c) BLUE STAR FAMILIES will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses. 

 

However, BLUE STAR FAMILIES welcomes any feedback regarding areas of BLUE STAR FAMILIES existing programs and services that may help satisfy user’s needs.  Feedback can be provided through the many listed contact areas on the Site. Any feedback you provide shall be deemed Comments as described above.

 

14. Password Security

As a member of BLUE STAR FAMILIES, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

 

15. General Provisions

 

15.1. Entire Agreement/No Waiver

These Terms of Use constitute the entire Agreement of the parties with respect to the subject matter hereof. No waiver by BLUE STAR FAMILIES of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

 

15.2 Correction of Errors and Inaccuracies

The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. BLUE STAR FAMILIES therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. BLUE STAR FAMILIES does not, however, warrant or guarantee that any errors, inaccuracies or omissions will be corrected.

 

15.3. Enforcement/ Choice of Law/ Choice of Forum

If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, the BLUE STAR FAMILIES Privacy Policy, your use of the Site, any other BLUE STAR FAMILIES website, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Georgia, without regard to any conflict of laws provisions.

 

15.4. Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c), notifications of claimed copyright infringement should be sent to Blue Star Families, Inc., Attention: P.O. Box 6811, 7676 Richmond Hwy, Alexandria, Virginia 22306.