This Agreement sets forth the entire understanding between the Customer and Bluebook International, Inc. (“Bluebook”) regarding the use of Bluebook’s websites and Bluebook.net (collectively the “Websites”) and supersedes all previous provisions or representations relating to the foregoing. Any rights not expressly granted herein are reserved.
- Customer’s use of Bluebook’s Websites is based on full compliance with these terms and conditions as posted at Bluebook’s Websites, which are subject to change from time to time.
- Use of Bluebook’s Websites is limited to Customer only, and not for resale or redistribution unless explicitly allowed under contract.
- Customer may share or submit single reports with its customers in the normal course of its business. However, Customer may not modify, edit, or change any report, value, or estimate.
- Customer warrants and agrees that it shall NOT (by any means whether electronic, printed, database, or manual) copy, compile, or record any portion of the Bluebook database, including but not limited to costs and repair descriptions.
- Customer shall not sell, lease, assign, transfer, sublicense, disseminate, modify, or translate Bluebook’s Websites or any portion thereof or disclose any portion of Bluebook’s Websites contents, including but not limited to repair costs and the Bluebook database, to any other party without the prior written consent of Bluebook.
- Customer is not authorized to use, compile, store, or access Bluebook data in any manner outside licensed, paid use of Bluebook’s Websites on a per property basis.
- Customer further warrants and agrees not to reverse assemble, reverse, compile, or otherwise attempt to create, copy or uncover any source or object code associated or contained within Bluebook’s Websites.
- All transactions and blocks of transactions licensed are final and non-refundable. Transaction blocks expire 12 months after initial date of purchase.
- User data and reports are only stored on Bluebook’s systems for twelve months. Customers shall download and store all reports and Customer-entered data for archival purposes.
Exclusive limited warranty and limitation of liability
- Bluebook believes that it has compiled, aggregated and developed the finest quality databases available, however, the Product is provided on an "as is," basis. Bluebook does not assure or warrant the correctness, comprehensiveness or completeness of the Product or any information and Customer agrees and acknowledges that Bluebook will not be liable for any loss of any kind as a result of the use of its online services or injury caused in whole or in part by use of the Bluebook product. Bluebook shall not be responsible for Customer's inability to access Websites for any reason, including the website being down for any reason. In no event shall Bluebook's entire liability exceed the total amount paid by Customer to Bluebook under this Agreement.
- EXCEPT AS EXPLICITLY PROVIDED FOR BELOW, BLUEBOOK INTERNATIONAL, INC. HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, AND GUARANTEES OF ANY NATURE, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABLITILY, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, NO LIENS OR ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE.
- IN NO EVENT SHALL BLUEBOOK BE LIABLE FOR ANY GENERAL, DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM USE OF THE PRODUCT, INCLUDING : (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION) WHETHER OR NOT BLUEBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND BLUEBOOK, ALL INFORMATION AND SOFTWARE ON THIS WEB WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- BLUEBOOK ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB WEBSITE.
- CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, BLUEBOOK MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS WEBSITE. WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE CONTENT AND INFORMATION ON OUR WEBSITES MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. WE DO NOT WARRANT THAT OUR WEBSITES OR ANY SERVICES OFFERED ON OUR WEBSITES WILL BE ERROR-FREE.
- BLUEBOOK DOES NOT WARRANT THAT THE WEBSITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES CANNOT BE TAMPERED WITH BY THIRD PARTIES. BLUEBOOK DOES NOT GUARANTEE THAT MESSAGES OR DATA SENT TO THE WEBSITES WILL NOT BE OBTAINED, REVIEWED, DISCLOSED OR TAMPERED WITH BY THIRD PARTIES, WHETHER OR NOT MEASURES ARE TAKEN TO SECURE SUCH MESSAGES OR DATA.
- SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- Customer agrees and warrants that all information or data which Customer receives from Bluebook or any subsidiary corporation shall be used only in strict compliance with all applicable federal, state, and local laws, rules, regulations, and ordinances, including but not limited to those concerning privacy, marketing, telephone solicitation, fax broadcast, e-mail transmission, direct marketing, consumer lending, and employment.
- Customer shall not use the Product or its result in any way that would constitute a consumer report under the FCRA.
- Customer acknowledges that it is Customer's sole responsibility to determine the applicability of any such laws, rules, regulations and ordinances.
- Customer shall be solely responsible for the use of the Product and information.
- Customer shall indemnify and hold harmless Bluebook and any subsidiary corporations, against any loss, liability, damage, cost or expense, including reasonable attorneys' fees, suffered or incurred by Bluebook and/or any subsidiary corporation, arising out of or in any way related to the breach of this customer warranty.
- The Product shall not be used (directly or indirectly) to conduct or solicit the performance of any business or activity which is tortuous or prohibited by law.
- Customer shall not modify or edit any values shown on the original Bluebook report as generated by Bluebook.
- Customer shall download and archive any data or reports it requires for its business or legal purposes.
Customer shall include the following disclaimer language on any report submitted to Customer’s client:
This report (including graphs, charts, and photos) is derived from the use of proprietary automated valuation technologies (including mathematical and statistical modeling), public record data, economic and other data, your inputs, and other proprietary predictive technologies to provide an estimate of values and costs associated or related to the property.
This report does not constitute an appraisal or similar valuation and may not be relied upon as such. Inputs do not necessarily include visual inspections, neighborhood characteristics, school zones, topography, and other factors that may influence value.
THIS REPORT IS AN OPINION THAT MAY BE INACCURATE AND IS PROVIDED SOLELY AS AN INFORMATIONAL TOOL NOT DESIGNED TO PROVIDE DEFINITIVE ANSWERS. ALL ELEMENTS ARE OFFERED “AS IS” AND BLUEBOOK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, AND GUARANTEES OF ANY NATURE, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABLITILY, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL BLUEBOOK (OR ITS SUPPLIERS) BE LIABLE FOR ANY GENERAL, DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM USE OF THE PRODUCT, INCLUDING : (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION) WHETHER OR NOT BLUEBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Bluebook does not offer tax advice, accounting advice, or contractor estimates. You should consult with appropriate financial, legal, construction, and/or real estate professionals/advisors before acting or utilizing the information provided. All uses are at the user’s sole risk.
Applicable law, choice of law, forum, and jurisdiction
These terms and conditions and any disputes arising hereunder, or otherwise related to the sale and/or use of the computer equipment and Product, or any portion thereof, shall be governed by the laws of the State of California, without regard to any conflict of laws principles. Both Bluebook and Customer agree that any action, suit, or other legal proceeding regarding any matter arising under or relating to any provision of these terms and conditions, or otherwise relating to the sale and/or use of the Product shall be commenced only in the state or federal courts located within Orange County, California, and each party consents to the exclusive jurisdiction of such courts.
Bluebook makes no representations that the content in our Websites is appropriate for access outside the United States. Those who choose to access any one of our Websites from outside the United States do so on their own initiative and are responsible for compliance with local laws.
Cost of collection and enforcement
Customer agrees to reimburse Bluebook for all costs and expenses, including but not limited to reasonable attorney fees and costs of collection incurred by Bluebook in connection with the enforcement of this or any provision hereof. All past due payments shall incur interest at the rate of ten percent (10%) per annum and account access shall be turned off until all payments are made and good funds are received by Bluebook. Bluebook reserves the right to cancel service to Customer upon non-payment.
Bluebook shall not be liable for any failure to perform its obligations or for any failure of the Services because of circumstances beyond to control of Bluebook.
All assignments of rights under this Agreement by Licensee without the prior written consent of Vendor shall be void. The User ID and Passwords may only be used by the authorized party. Access to the system may not be shared unless otherwise agreed by the Company as part of the terms and conditions of the agreement.
If a provision of this Agreement is rendered invalid, the remaining provisions shall remain in full force and effect.
By using any one of our Websites, you agree to indemnify and hold Bluebook, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of such Website, including providing a link to another website or uploading any content to such Website. You agree to cooperate fully with Bluebook in the defense of any claim. Bluebook reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Bluebook.
Section titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions.
You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through any of our Websites. You agree not to use any of our Websites or any content contained in it for any illegal or inappropriate activities. Bluebook specifically disallows the use of this Website by any minor.
No Unlawful or Prohibited Use
As a condition of your use of the services, you will not use the services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the services in any manner that could damage, disable, overburden, or impair any Bluebook server, or the network(s) connected to any Bluebook server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any services, other accounts, computer systems or networks connected to any Bluebook server or to any of the services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the services.
Member Account, Password, and Security
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Bluebook immediately of any unauthorized use of your account or any other breach of security. Bluebook will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Bluebook or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
No supplement, modification, or amendment or waiver, of the terms and conditions shall be binding upon Bluebook, unless executed in writing by a duly authorized representative of the company. The failure by the company to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision.
Without limiting any other remedies, the company may suspend or terminate your membership in the website if the company suspects that you (by conviction, settlement, investigation or otherwise) have engaged in any fraudulent activity in connection with the website and its services.
Copyrights and Trademarks of Bluebook
Each of our Websites is owned and operated by us. Unless otherwise specified, all materials appearing on our Websites, including the text, website design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Bluebook and its licensors© 2001-2013, ALL RIGHTS RESERVED. All audio and video clips are the sole property of Bluebook or our respective content providers. The content and software on our Websites is the property of Bluebook and/or its licensors and is protected by U.S. and international copyright laws. You may view, download, print and retain a copy of pages of any of our Websites only for your own personal use. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from any of our Websites in whole or in part without our prior written permission.
The absence of a trademark, trade name or service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All custom graphics, icons, logos and words listed above are trade names, trademarks or service marks of Bluebook. All other trade names, trademarks or service marks are property of their respective owners. The use of any of our trade names, trademarks or service marks without our express written consent is strictly prohibited.
Representations by You
By visiting any of the Websites, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that you are a resident of the United States; and (c) that all materials of any kind submitted by you through the Websites or for inclusion on the Websites will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. By requesting any marketing materials, demonstration copy or sample copies of any Bluebook product and services, you represent and warrant that you are not a competitor of Bluebook or agent thereof.
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Websites, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of Bluebook, or agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session. Please notify us at customerservice@Bluebook.net of any potential unauthorized use(s) of your account, or breach of security.
You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that Bluebook in its sole discretion deems offensive.
License Granted by You
By providing User Content to us, which includes submitting or uploading content or materials for use on the Websites or sending us a message through the Websites, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable worldwide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services. You grant Bluebook a perpetual, non-exclusive, royalty-free right to all data entered into Bluebook systems. If your use of Bluebook products was sponsored by a third party or provided as part of a marketing program by Bluebook, the data and report may be published in print or electronically and/or made available to the public by Bluebook.
Compliance With Laws
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
- This policy implements the procedures set forth in 17 U.S.C. §512 and the Digital Millennium Copyright Act (“DMCA”) for the reporting of alleged copyright infringement. It is the policy of the Company to respect the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the Company computing system are required to respect the legal protections provided by applicable copyright law.
- The following elements must be included in your copyright infringement complaint notice:
- An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work or works claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.
- Information reasonably sufficient to permit the Company to contact the complaining party, including an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
- A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- If you do not include all of the above information, it may cause a delay of the processing of the DMCA notification. Please note that, under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- Designated Agent for Notification of Claimed Copyright Infringement: Legal Department; Bluebook International, Inc. 21098 Bake Parkway, Suite 100, Lake Forest, California 92630; firstname.lastname@example.org
United States Government Rights
All Bluebook products and publications are commercial in nature. The software, publications, and software documentation available on this Website are "Commercial Items", as that term is defined in 48 C.F.R.§2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are defined in 48 C.F.R. §252.227-7014(a)(5) and 48 C.F.R. §252.227-7014(a)(1), and used in 48 C.F.R.?12.212 and 48 C.F.R. 227.7202, as applicable. Pursuant to 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, Bluebook's publications, commercial computer software, and commercial computer software documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation, and the terms and conditions herein.
Last revised: May 28, 2014