Bluelight Terms of Service

Last Updated: January 15, 2024

Welcome, and thank you for your interest in Bluelight Technologies, Inc. (“Bluelight,” “we,” or “us”) and our website at www.usebluelight.com, along with our related websites, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Bluelight regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING BLUELIGHT’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND BLUELIGHT’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY BLUELIGHT AND BY YOU TO BE BOUND BY THESE TERMS.

Arbitration NOTICE. Except for certain kinds of disputes described in Section 14, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND BLUELIGHT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 14.)

  1. Bluelight Service Overview. We provide a subscription service to a software solution that helps you benchmark your company’s operating and financial metrics to peer companies.

  2. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or Bluelight, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

  3. Accounts and Registration. To access some features of the Service, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at [email protected].

  4. Licenses

4.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Bluelight grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.

4.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

4.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Bluelight an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

  1. Ownership; Proprietary Rights. The Service is owned and operated by Bluelight. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Bluelight are protected by intellectual property and other laws. All Materials included in the Service are the property of Bluelight or its third party licensors. Except as expressly authorized by Bluelight, you may not make use of the Materials. Bluelight reserves all rights to the Materials not granted expressly in these Terms.

  2. Third Party Terms

6.1 Third Party Services and Linked Websites. Bluelight may provide tools through the Service that enable you to export information, to third party services. By using one of these tools, you agree that Bluelight may transfer that information to the applicable third party service. Third party services are not under Bluelight’s control, and, to the fullest extent permitted by law, Bluelight is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Bluelight’s control, and Bluelight is not responsible for their content.

6.2 Third Party Software. The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.

  1. Communications. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

  2. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:

a. use the Service for any illegal purpose or in violation of any local, state, national, or international law;