Terms of Service
Last modified: August 1, 2018
Welcome to BlueCard!
Thanks for using our features, products and services (“Services”). BlueCard, Inc. (“BlueCard”) helps adults share and update important information about themselves and their children with others.
By using our Services you are agreeing to these terms. Please read them carefully.
Our Services are constantly changing, so additional terms may apply. These additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
These terms were written in English (US). To the extent any translated version of these terms conflicts with the English version, the English version controls.
Use of Our Services
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only when and as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not BlueCard’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may contact you via any lawful manner, including email, text message, phone, push notifications to the cellular telephone number you provide to us when you sign-up for a BlueCard account or update the contact information associated with your account. In general, we do this to send you notifications, service announcements, administrative messages, inform you about features, products and services, and to ask you to confirm or update your account information. This may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility.
When you use our Services to send content or information to another, you authorize us to send, on your behalf, a paper or PDF copy of such content or information to the person or place you authorized, which may be sent by email or mail. We do this to make sure your information is accessible to them even when there is no Internet access and for their records. In addition, you may be required to electronically sign the content or information you send to others, similar to when a school requires you to sign the emergency contact card that you give them indicating that you have agreed to notify the principal in writing of any changes to the information on the card. Accordingly, you agree to BlueCard's E-Sign Consent
In order to use our Services to communicate with others via email or mobile notification, you must have their permission to do so. You must follow any policies made available to you within these Services.
Your BlueCard Account
You need a BlueCard Account to use many of our Services. All of the registration information you submit must be truthful and accurate. Unless your Account was assigned to you by a BlueCard for Education customer like an administrator at the school you work for, our Services are available for your personal, noncommercial use.
You may create your own BlueCard Account, or your BlueCard Account may be assigned to you by an administrator with access to a BlueCard for Education Account. If you are using a BlueCard Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access, modify, disable, or delete your account.
To protect your BlueCard Account, keep your password confidential. You are responsible for the activity that happens on or through your BlueCard Account.
Our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give BlueCard (and those we work with) a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, host, store, process, distribute, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and export any content as reasonably necessary: (i) to operate and improve our Services, and to develop new ones; (ii) to prevent or address service, security, support and technical issues; (iii) as required by law; and (iv) as permitted or directed by you. You must have the necessary rights to grant us this license for any content that you submit to our Services.
When you delete content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others unless you shared it with them) and that any paper or PDF copies sent to others on your behalf may not be deleted.
If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact us via email to firstname.lastname@example.org
. By submitting a copyright infringement notice, you agree that BlueCard or its agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time. BlueCard may also stop providing Services to you, or add or create new limits to our Services at any time.
If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
The Services may contain content from third parties as well as links to third party products and services. If you use any of these third party products and services, you agree to any additional terms that may apply. These additional terms will be available with the relevant services. BlueCard has no control over and is not responsible for any third party content or third party products and services. Any interactions with any third party content or use of any third party products and services are solely at your own risk.
BLUECARD IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
WE PROVIDE THE SERVICES “AS IS”. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER BLUECARD NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Limitations of Liability
WHEN PERMITTED BY LAW, BLUECARD, AND BLUECARD’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF BLUECARD, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, BLUECARD, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than seven days after they are posted. However, changes addressing new functions for a Service, changes made to address an emergency security issue, or changes made for legal reasons will be effective immediately. Your continued use of our Services, following notice of the changes to our terms or policies, constitutes your acceptance of our amended terms or policies.
You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses (including attorney’s fees, disbursements, costs, judgments, penalties and amounts paid in settlement) arising out of or in any way connected with these terms or your use of the Services. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
Although we provide rules for user conduct, we do not control or direct users' actions on BlueCard and are not responsible for the content or information users transmit or share on BlueCard. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on BlueCard. We are not responsible for the conduct, whether online or offline, of any user of BlueCard. We are not responsible for what someone who you’ve share data with via the Services does with that data.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between BlueCard and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). Also, if it turns out that a particular term is not enforceable, this will not affect any other terms.
All of our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by operation of law or otherwise.
The laws of the state of New York, U.S.A., without regard to that State's rules regarding conflict of laws, will apply to any disputes arising out of or relating to these terms or the Services. The parties consent to the exclusive in personam jurisdiction of the Supreme Court of the State of New York, New York County, or, if that court does not have jurisdiction, a federal court sitting in New York, New York, for the purposes of any action, suit or proceeding arising out of this Agreement. Each party irrevocably and unconditionally waives any objection to the laying of venue of any action, suit or proceeding arising out of this Agreement in (i) the Supreme Court of the State of New York, New York County, or (ii) a federal court sitting in New York, New York, and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. Each party waives any right to participate in a class action, either as a class representative, class member or class opponent. Each party waives any right it may have to a jury trial. Each party (i) certifies that no representative, agent or attorney of any of the other parties has represented, expressly or otherwise, that such other party would not, in the event of litigation, seek to enforce the foregoing class action waiver or jury waiver and (ii) acknowledges that it and the other parties hereto have been induced to enter into this agreement by, among other things, the mutual waivers and certifications in this paragraph.
BlueCard reserves all rights not expressly granted to you.