Terms of Use


Overview


The following Terms of Use are entered into by and between You and BLU AMBITION LLC (“Company”, “we”, “our”, or “us”). The terms “user”, “you”, and “your” refer to Website visitors, customers, and any other users of the Website.


The following Terms of Use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of BrandyWordStanton.com, (the “Website”) (however accessed and/or used, whether via personal computers, mobile devices, etc.),  including any content, functionality, services, subdomains, blog comment areas, interactive widgets, forums, downloads, membership areas, and any other associated services that are owned and operated by the Company, are available through the Website, or that interact with the Website, whether as a guest or a registered user.


Please read the Terms of Use carefully before you begin to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, (without modification), incorporated herein by reference. These Terms do not apply to any other website or any offline activities by the Company (unless specifically stated).


If you do not want to agree to these Terms of Use, including the agreements incorporated by reference herein, you must not access or use the Website.

In some instances, both these Terms of Use and a separate set of terms or guidelines setting forth additional conditions (“Additional Terms”) may apply to a service or product offered via the Website. To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly states otherwise.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

The contents of the Website are subject to change. The Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error free. The Company disclaims all liability for any inaccuracy, error, or incompleteness in the information. The Company provides no warranties of any kind, including fitness for purpose, with regard to the information and your continued use of this Website confirms you agree to hold the Company harmless for any damages, claims and/or losses resulting from use of the Website or its content.

Changes To the Terms Of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. The most current version of the Terms of Use will supersede all previous versions. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Privacy

Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

Disclaimer

Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.

Accessing The Website And Account Security

We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to visitors, including registered users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

No Unlawful Or Prohibited Use And Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Use.

As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

All content included as part of the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.

The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission from the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

For Educational And Informational Purposes Only

As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.

Accuracy And Personal Responsibility

As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners, members, contractors or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

By using this Website, you accept personal responsibility for the results of your actions.  You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.

No Guarantees As To Results

As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website thrive in life. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

Email And Other Electronic Communications

Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship.  As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

Submission of User Generated Content and Use of Communication Services

User Generated Content. The Website may contain contact forms, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and other message or communication facilities (collectively, “Communication Services”) designed to enable you to communicate with the Company, the public at large, a group or an individual. The Website may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials including, without limitation, photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, preferences, suggestions or personally identifiable information (collectively, “User Generated Content”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or the Website; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any 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, restrict or inhibit any other user from using and enjoying the Communication Services; violate any Additional Terms, such as code of conduct or community guidelines, which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

The burden of determining whether any User Generated Content is protected or not rests entirely with you. You shall be liable for any damage resulting from any violation or infringement of intellectual property laws, other proprietary rights, rights of privacy and publicity or any other harm resulting from such a submission and agree to indemnify and hold the Company harmless for any and all damages, claims, losses, liabilities and expenses of any kind arising out of said violation or infringement. For all User Generated Content submitted by you to the Website through the Communication Services, you automatically represent or warrant that you have the authority to use and distribute the User Generated Content, and that the use or display of the User Generated Content will not violate any laws, rules, regulations, or rights of third parties.

Your Intellectual Property Rights to User Generated Content. We claim no intellectual property rights over the User Generated Content you supply through the Communication Services. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Communication Services. Content you submit remains yours to the extent that you have any legal claims therein. You agree to indemnify and hold the Company harmless from and against all damages, claims, losses liabilities, and expenses arising out of any potential or actual intellectual property misappropriation or infringement claimed against you.

Terms Applicable to User Generated Content. Except as otherwise described in the Website Privacy Policy, or any Additional Terms, you agree that: (a) your User Generated Content will be treated as non­confidential and nonproprietary — regardless of whether you mark them “confidential,” “proprietary,” or the like — and will not be returned; and (b) the Company does not assume any obligation of any kind to you or any third party with respect to your User Generated Content. You agree that you either: (i) own the rights to the User Generated Content you submit and the right to grant to the Company, or otherwise, all of the rights and licenses in these Terms of Use; or (ii) you have all necessary rights and licenses from the owner(s) of such rights to enter into these Terms of Use and grant the Company these licenses. Upon the Company’s request, you will furnish to the Company any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. You also acknowledge that the Internet may be subject to breaches of security and that submissions of User Generated Content or other information may not be secure, and you should consider this before submitting any information through the Communication Services.

Our License for User Generated Content. Except as may otherwise be described in any Additional Terms (such as, but not limited to, a contest official rules), which govern the submission of your User Generated Content, you grant to the Company the unrestricted, unconditional, non­exclusive, unlimited, worldwide, irrevocable, perpetual and royalty free right and license to host, use, copy, distribute, reproduce, disclose, sell, re­sell, sub­license (through multiple levels), display, publicly perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache, make derivative works of, or otherwise use and exploit in any manner whatsoever, all or any portion of your User Generated Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same. Without limitation, the granted rights include the right to configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, or otherwise, and remove such User Generated Content and combine the same with other materials. You further agree that the Company is free to use any ideas, concepts, know-how or techniques contained in any User Generated Content you send to the Website or the Company, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and/or services using such User Generated Content; or creating informational articles based on or advertising our products and services, without compensation to you of any kind. You further perpetually and irrevocably grant the Company the unconditional right to use and exploit your name, persona and likeness included in any User Generated Content and in connection with any User Generated Content, without any obligation or compensation to you. You also grant to the Company the right to sub­license and authorize others to exercise any of the rights granted to the Company under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to the Company under these Terms. You further authorize the Company to publish your User Generated Content in a searchable format that may be accessed by users of the Website and the Internet. Except as prohibited by law, you waive any rights, legal, moral or otherwise, you may have in any User  Content you submit, even if such User Generated Content is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that enjoin or otherwise interfere with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section and you agree to indemnify and hold the Company harmless for any and all damages, claims, losses, liabilities, and expenses of any kind arising therefrom.

Our Exclusive Right to Manage and Obligations Regarding User Generated Content.
You agree that the Company has no obligation to pre­screen, monitor or enforce your intellectual property rights to your User Generated Content but has the right to protect and enforce the Company’s (and the Company’s licensees’) licensed rights to your User Generated Content. You further acknowledge and agree that the Company will not have any obligation to, but may review, monitor, display, accept or exploit any User Generated Content and the Company may, in its sole discretion, delete, edit, distribute, move, block access, re­format, edit, alter, distort, remove or refuse to exploit User Generated Content without notice or liability to you or any third party; provided, however, that the Company reserves the right to treat User Generated Content on the Website, or on certain portions of the Website, as content stored on the Website for which the Company has no obligation to exercise editorial control over except to enforce the rights of third parties and the content restrictions set forth in these Terms of Use or Additional Terms (such as Community Guidelines) when notice of such violations are directed to the Company’s attention. User Generated Content posted may not be maintained on the Website by us for any period of time; we may delete it at our discretion and you have no right to access or control any User Generated Content that you provide. You agree and understand that the Company is not obligated to use User Generated Content and that you will not receive any consideration or compensation for your User Generated Content or for any exploitation of it.

Your Obligations Regarding User Generated Content. You agree that you must evaluate, and bear all risks associated with, the use of the Website, any of its content and any User Generated Content, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of any of the Website content and any of the User Generated Content. As the Company may not pre­screen User Generated Content, you bear legal responsibility for others’ exposure to any offensive, indecent or objectionable User Generated Content you submit and agree to hold the Company completely harmless for any and all claims, losses, damages, liabilities or other issues arising out of use of that information and/or content.

Representations and Warranties Related to Your User Generated Content. Each time you submit any User Generated Content, you represent and warrant that you are at least 18 years old or the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Generated Content you submit, and that, as to that User Generated Content: (a) you are the sole author and owner of the intellectual property and other rights to the User Generated Content, or you have a lawful right to submit the User Generated Content and grant the Company the rights to it that you are granting by these Terms of Use and any Additional Terms, all without any the Company's obligation to obtain the consent of any third party and without creating any obligation or liability of the Company; (b) the User Generated Content is accurate; (c) that any content you submit is not objectionable, obscene or otherwise inappropriate for the Website; (d) the User Generated Content does not and, as to the Company’s permitted uses and exploitation set forth in these Terms of Use, will not infringe any intellectual property or other right of any third party; and (d) the User Generated Content will not violate these Terms of Use or any Additional Terms, or cause injury or harm to any person.

Enforcement. The Company has no obligation to monitor or enforce your intellectual property rights to your User Generated Content, but you grant us the right to protect and enforce our rights to your User Generated Content, including by bringing and controlling actions in your name and on your behalf (at the Company’s cost and expense, to which you hereby consent and irrevocably appoint the Company as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

Idea Submissions Prohibited. Do not post unsolicited submissions for motion pictures, television programs, web sites, articles, e­books, or other products or services to the Company, the Website or to Website users. It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of the Company (whether internally or by third parties) might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to the Company through the Website, including the Communication Services or otherwise. However, if you decide to make any such unsolicited submission, you hereby grant to the Company the right and license to the submission as if it were User Generated Content as specifically set forth in these Terms of Use. In addition, the Company retains all of the rights held by members of the general public with regard to your unsolicited ideas and materials. The Company’s receipt of your unsolicited ideas and materials is not an admission by the Company of their novelty, priority, or originality, and it does not impair the Company’s right to contest existing or future intellectual property rights relating to your unsolicited ideas and materials.

Links To Third Party Websites And Services

The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Linked Website or any association with its operators.

Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.

Use Of Templates And Forms

The Company may provide various templates or forms for sale or free download on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and forms in any manner, except for modifications in filling out the templates and forms for your authorized use.

By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

Use of Paid Courses, Programs, and Associated Material

The Company from time-to-time provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.

By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.

Use Of Free Downloadable Content

The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.

By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.

Guests

The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on another platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.

Individuals who agree to appear as guests on any podcast, video recording, or video broadcast offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.

Refusal of Service

The products and services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Website, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. And we may, at our sole discretion discontinue your usage of the Website and/or our services at any time, with or without reason. If you have not breached any Terms of Use or the Privacy Policy, we will provide you with the appropriate, as determined by the Company, partial refund.

Order Confirmation

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation or the order described therein, it is your responsibility to inform us as soon as possible.

Cancellations, Refunds & Returns

Your purchase of a product, content, service, event ticket, or course may or may not provide for a refund or cancellation. Each product, service, event, or program/course will specify its own refund policy.

Descriptions

While we endeavor to describe and display the information about products, content, services, events, and courses as accurately as possible, please do not accept that the Website is entirely accurate, current, or error free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing. If you have any questions prior to, during or post purchase or during usage of any service, product or content, it is your responsibility to contact us via support@bluambition.com as soon as possible.
 

No Warranties

THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE.  YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
 

International Users

The Website is controlled, operated and administered by the Company from our offices within the United States of America. If you access the Website from a location outside the United States of America, you are responsible for compliance with all local laws. You agree that you will not use the content or downloaded resources accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, members, employees, agents, contractors, third parties and assigns, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website, any user postings made by you, your violation of these Terms of Use or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

Termination And Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Website and any related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the GOVERNING LAW; VENUE; MEDIATION Clause below. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

NO JOINT VENTURE OR OTHER RELATIONSHIp

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

ENTIRE AGREEMENT; WAIVER

Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer incorporated herein by reference, constitutes the entire agreement between you and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Website. A printed version of this agreement and that of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

No waiver of any of the provisions of the Terms of Use by the Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Company.

GOVERNING LAW; VENUE; MEDIATION

These Terms of Use shall be construed in accordance with, and governed by, the laws of the State of Tennessee as applied to contracts that are executed and performed entirely in Tennessee. The exclusive venue for any arbitration or court proceeding based on or arising out of these Terms of Use shall be Davidson County, Tennessee. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms of Use by mediation, which shall be conducted by a listed Tennessee Supreme Court Rule 31 General Civil Mediator in good standing, or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

CLASS ACTION WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE FILING PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS THE COMPANY AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms of Use, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms of Use, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of these Terms of Use is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of these Terms of Use shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms of Use bind and inure to the benefit of the parties’ successors and assigns. These Terms of Use are not assignable, delegable, sub­licenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of these Terms of Use are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
 

NOTICES

All notices, requests, demands, and other communications under these Terms of Use shall be in writing and properly addressed as follows:

Blu Ambition LLC
P.O. Box 140682
Nashville, TN 37214

Or sent electronically via:

Email Address: support@bluambition.com

Effective as of 2018-06-10