Terms of Use | Privacy Policy

CONTRACTORS REGISTER, INC.®
THE BLUE BOOK BUILDING AND CONSTRUCTION®
TERMS OF USE (last revised 07/15/13)

1. PURPOSE

These Terms of Use define the conditions under which Contractors Register, Inc. (“CRI”), makes its website available to users and the conditions under which users may have access to and use this website and the web-based services available on this website. This website and the services available through the website (together the “Website”) are subject to compliance with these Terms of Use and all applicable laws and regulations.
These Terms of Use constitute a legally binding agreement made by and between CRI and you, personally and, if applicable, on behalf of the entity for whom you are using this Website (collectively, “you” “You”, “your”, “Your” or “User”). These Terms of Use govern your use of this Website so please read them carefully. BY ACCESSING OR USING ANY PART OF THIS WEBSITE (INCLUDING LINKING TO THE WEBSITE AND ACCESSING OR DOWNLOADING ANY CRI SOFTWARE), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF THERE ARE ADDITIONAL POSTED GUIDELINES OR POLICIES APPLICABLE TO THE WEBSITE, YOU ARE REQUIRED TO FOLLOW THOSE AS WELL AND ANY GUIDELINES AND POLICIES ARE INCORPORATED BY REFERENCE INTO THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THIS WEBSITE.
INTERNET TECHNOLOGY AND APPLICABLE LAWS, RULES AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS OF USE AND/OR OUR PRIVACY POLICY AT ANY TIME. WE ENCOURAGE YOU TO REVIEW THESE TERMS OF USE AND OUR PRIVACY POLICY FROM TIME TO TIME FOR POSSIBLE CHANGES. YOUR CONTINUED USE OF THIS WEBSITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THESE TERMS OF USE AND PRIVACY POLICY THAT MAY BE POSTED. WE WILL POST THE AMENDED TERMS OF USE ON THE WEBSITE AND INDICATE AT THE TOP OF THE PAGE THE DATE LAST REVISED AND WILL POST ANY REVISED PRIVACY POLICY.

 

2. ACCESS TO THIS WEBSITE

You must comply with all of the terms and conditions of these Terms of Use, the policies referred to below, and all applicable laws, regulations and rules when you use this Website.
This Website is intended to be used only by individuals and entities that can form legally binding contracts under applicable law. Persons using the Website to purchase products or services or utilizing resources on behalf of an employer must do so only with the authorization of their employer. Your access to the Website, sending us feedback, submitting comments or other posts, or other use of the Website will be deemed to be a representation that you are 18 years of age or older or otherwise are an entity that can form legally binding contracts under applicable law. The Website is not intended for children under the age of 13. CRI does not target its Website to children under 13 or knowingly collect personally identifiable information from children under the age of 13. If we become aware that we have collected personal information from a child under age 13, we will delete that information as quickly as possible.

We use the means that we believe are reasonable to provide access to this Website 24 hours a day, 7 days a week, except in the case of natural disasters or events beyond the control of CRI and subject to any breakdowns or any maintenance operations required to ensure the smooth operation of the Website service and equipment. CRI will not be liable for any failure or deficiency in the performance of this Website, and any Software provided through use of the Website, by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to CRI, fire, terrorism, natural disaster or war.

CRI grants users who accept these Terms of Use the right to connect to its Website by means of the user's computer, mobile or other electronic device. The communication protocols used are those currently used by the Internet network. The rights of access to and use of this Website are non-exclusive and non-transferable.

The Website is controlled and operated from facilities in the United States. CRI makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own risk and are entirely responsible for compliance with local law, including, but not limited to, export and import regulations. Software made available on or through this Site may be subject to United States export control laws, which state that certain software cannot be downloaded from this Website to certain countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. For more information, see the EULA. By using this Website, you represent and warrant that you are not located in, under the control of, or a national, or resident of any such country or on any such list.

 

3. PASSWORD AND ACCOUNT SECURITY

3.1 Registration
You may create your own account on the Website by completing the online registration process on the Website, and you must do so if you would like to receive certain content and materials provided by CRI. In doing so, you must provide us with accurate and complete registration information, and update it if this information changes. It is particularly important to keep the e-mail address associated with your account current because although you may be able to log into your Website account using an old e-mail address, you will not be able to receive messages from us. If you provide any information that is untrue, inaccurate, incomplete or not current, or CRI has grounds to suspect that such information is untrue, inaccurate, incomplete or not current, CRI has the right to suspend or terminate any issued password and refuse any and all current or future use of the Website.

3.2 Accounts and Passwords
Following registration, we will create an account for you and assign you, or allow you to select, a password. You must keep your password confidential and not disclose your password to any person other than your direct employees, as applicable, required to have such access to your password in the normal course of your business. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Website if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Website.
4. INTELLECTUAL PROPERTY RIGHTS
Except as provided herein, this Website and the contents of this Website (including, but not limited to, The Blue Book, data, information, design, text, graphics, illustrations, audio clips, video clips, other files, and the selection, arrangement and organization thereof) (the “Website Information”) are owned by CRI, its licensors or other entities and are protected by copyright and other intellectual property rights. All right, title and interest in and to all copyrights, patents, trade secret rights, trademarks and other intellectual property rights in and to the Website Information (including, without limitation, any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the this Website) and the structure, organization and code relating to the information or data accessed by you through your use of the Website or otherwise made available through your use of the Website and all other information or data supplied by CRI and/or its suppliers, products, free listings or website users and/or customers, including, without limitation, any and all information and data in machine readable form (collectively, “Data Information” and together with the Website Information, the “Proprietary Information”), are proprietary, confidential, and valuable trade secret information of CRI and/or its suppliers. Unauthorized use of the Proprietary Information is strictly prohibited.

You acknowledge, and agree not to challenge in any manner, that the Proprietary Information: (i) is comprised of original collections and assemblies of preexisting data, the selection, organization and arrangement of which results in original works, (ii) incorporates and/or integrates data that is not preexisting but instead is the original expression of CRI or its suppliers, as the case may be, and (iii) derives value from the fact that such data was promptly selected, organized, arranged and published by CRI or its suppliers.

The elements presented on this Website, including, without limitation, the Proprietary Information, are subject to modification without notice and are made available without any kind of guarantee, whether express or tacit, and cannot give rise to any rights to compensation. The information and images contained on this Website, including, without limitation, the Proprietary Information, are protected by copyright.

Subject to the terms and conditions of these Terms of Use, you are hereby granted a limited, non-exclusive right to use the Proprietary Information on this Website in the normal course of your business, provided that you shall in no event use any Proprietary Information in transmission of “spam,” mass e-mailings, chain letters, junk mail or any other type of unsolicited solicitation, whether electronic or otherwise. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. CRI will retain ownership of its intellectual property rights, including rights in and to the Proprietary Information, and you do not obtain any rights therein by virtue of these Terms of Use or otherwise, except as expressly set forth in these Terms of Use.

Without the express written consent of CRI, none of the contents of this Website, including, without limitation, the Proprietary Information, may be copied, reproduced, published, downloaded, posted, transmitted or distributed in any manner, except in the case of a simple recording of documents on your personal computer for your own use, in which case you shall ensure that the indications of ownership are kept intact. Modification of the contents or their use with another purpose constitutes an infringement of our property rights. It is forbidden to use these contents on another Website or in a computer network environment.
Trademarks, service marks, trade names, product names, logos, designs, titles, and words or phrases used on this Website, including, without limitation, the marks “THEBLUEBOOK.COM®,” “CONTRACTORS REGISTER®,” “VU360®,” “SYNCWARE®,” “THE BLUE BOOK®,” “MY BLUE BOOK®,” “BPM SELECT®,” “BID SCOPE®,” “BB-SUPPLY®,” “THE BLUE BOOK BUILDING AND CONSTRUCTION®,” “THE BLUE BOOK BUILDING & CONSTRUCTION NETWORK®” “AEC SOLUTIONS®,” “BB-GATEWAY®”, “BLUEBOOKUNIVERSITY.COM®”, “BB BID®,” “PROJECT SOURCE™”, “JOBSITEEQUIP.COM”, “BLUE BOOK UNIVERSITY™”, “THE BLUE BOOK UNIVERSITY™”, “PROJECT PIPELINE®”, GET-BIDS™, PROVIEW® and related design marks are owned by or licensed by CRI, or to CRI by its licensors or other entities. All page headers, custom graphics, button icons and scripts are trademarks, trade dress or copyrights of CRI. All other trademarks, trade names, copyrights and the like that appear on this Website are the property of their respective owners. You may not use any of these trademarks, trade dress, copyrights or trade names without express permission from the appropriate party.

 

5. PROHIBITED CONDUCT; NONDISCLOSURE

5.1 In using this Website, you agree that you will not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass or stalk any individual, or disrupt or interfere with the security or use of this Website or any websites linked to it; (iii) interfere with or damage this Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) CRI, or create or use a false identity; (v) attempt to obtain unauthorized access to this Website or portions thereof that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” mass e-mailings, chain letters, junk mail or any other type of unsolicited solicitation, whether electronic or otherwise; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to this Website; (viii) use any meta tags or any other “hidden text” utilizing the CRI name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by CRI; (x) engage in any activity that interferes with any third party’s ability to use or enjoy this Website; or (xi) assist any third party in engaging in any activity prohibited by these Terms of Use.

5.2 You agree not to disclose or otherwise make the Proprietary Information available to any person other than your employees, if applicable, required to have such knowledge in the normal course of your business and who are authorized to access the Website, the Software downloaded or accessed through use of the Website, if applicable, and Proprietary Information hereunder. You expressly agree not to, directly or indirectly: (i) disclose, publish, transfer, distribute or disseminate, or cause or permit to be disclosed, published, transferred, distributed or disseminated, the Proprietary Information to any third party; (ii) use the Proprietary Information in any manner, as a basis for providing any product or service (a “Competitive Product or Service”) or otherwise, which competes with any products or services of CRI or its affiliates, or otherwise use the Proprietary Information to compete with CRI or its affiliates; or (iii) use the Proprietary Information to provide data or competitive information to any provider of any Competitive Product or Service or affiliate thereof.

 

6. SITE POSTINGS

6.1 General; Acknowledgments
This Website may offer opportunities for you to post content in the form of text, pictures, drawings, plans or designs (“Posting”) that may be made available to the public. When you make a Posting to the Website or use any other Website services (“Site Features”), you will be subject to any additional guidelines or rules applicable to such Site Features. Any such additional guidelines or rules are hereby incorporated in these Terms of Use by reference. CRI reserves the right to change, suspend or discontinue any Site Features at any time, or to limit or restrict your access to certain Site Features at any time, without notice to you and in its sole discretion.
If you submit any Postings, you are acknowledging that any such Posting (i) is not confidential or proprietary to you or any other person or entity, and does not create any confidential, fiduciary, contractually implied or other relationship between you and CRI or its agents and representatives other than as expressly set forth in these Terms of Use and (ii) may be used by CRI for any purpose, including for promotional or advertising purposes, in accordance with our Privacy Policy.

You are prohibited from submitting any Posting that: (i) restricts or inhibits any other user from using and enjoying this Website or any of CRI’s other websites (the “Sites”); (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; or (viii) constitutes or contains false or misleading statements of fact.

You understand that when using the Website, you will be exposed to Postings from a variety of sources, and that CRI is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Postings. You further understand and acknowledge that you may be exposed to Postings that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CRI with respect thereto. CRI is not responsible for any Posting to our Website. Although CRI may monitor and/or review any Posting, CRI is not obligated to do so and CRI assumes no liability or obligation with respect to any Posting.

You acknowledge that any Posting may be used by any third party, and CRI assumes no liability for such disclosures. Without limiting the generality of the foregoing, in the event that you use the Site Features to exchange information with third parties, you acknowledge that CRI does not control or guarantee the legality, authenticity, accuracy or quality of any information posted by a third party on our Website or the use by such third party of any such information. You are solely responsible for your interactions with other users of the Website and any content that you post. CRI will not be liable for any damage or harm resulting from any content or your interactions with other users of the Website. CRI recommends that you use caution when exchanging information with any person that you interact with on this Website. CRI is not responsible for monitoring any exchange of information between you and any third party and you release us from claims, demands and damages of every kind and nature, known or unknown, arising out of or in any way connected with any exchange of information between you and any third party or any dispute you may have with any third party. CRI recommends that you do not include any personally identifiable information as part of any Posting.

6.2 License; Postings

By submitting a Posting, you are granting CRI a perpetual, worldwide, royalty-free, non-exclusive, sublicensable and irrevocable right and license to use, copy, reproduce, prepare derivative works based upon, distribute, perform and display such information in whole or in part, in any form, media or technology known or hereafter developed as long as such use is consistent with our Privacy Policy. Without limiting the generality of the foregoing, you agree that CRI may disclose in response to court orders or to law enforcement entities, edit or delete any Posting. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.

You acknowledge that CRI does not pre-screen Postings, but that CRI and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to edit or disable, any Posting that is available via the Website. By way of example and without limiting the foregoing, CRI and its designees may edit or disable, or restrict access to or the availability of, any Posting that (i) violates the terms of these Terms of Use; (ii) constitutes illegal, obscene, lewd, lascivious, filthy, excessively violent, harassing, offensive, objectionable or otherwise inappropriate material; or (iii) is required to be reviewed, monitored, edited or deleted by any court order, or in any governmental, administrative or judicial proceeding. You must evaluate and bear all risks associated with the use of any Postings, including any reliance on the accuracy, completeness, or usefulness of such Postings and any costs associated with your Posting, such as data and messages rates of your provider that may apply. CRI assumes no liability for use of any Posting by any third party.

6.3 Use of Posted Content

Subject to the terms of these Terms of Use, you may access Postings solely (i) for your information and personal use and (ii) as intended through the normal functionality of the Website.
Postings are made available to you for your information and personal use solely as intended through the normal functionality of the Website. Postings are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under these Terms of Use.

7. SERVICES AND FEES

When you use certain Site Features or license certain CRI software downloaded from the Website or accessed from the Website (“Software”), additional terms and conditions provided with such Site Features or Software may apply and you are required to follow those and such terms and conditions are incorporated by reference into these Terms of Use. In addition, you may be required to register and meet certain eligibility requirements, including but not limited to providing certain information, including your name, email address and other required information, including bank or credit card information and authorizations, or other necessary items, subject to the approval of CRI. CRI, in its sole discretion, may charge fees for access to our Website. When you post content on our Website, use Software, use other Site Features that have a fee you will have an opportunity to review and accept the fees that you will be charged based your access to the Website services, applicable Software and Site Features, which fees and terms and conditions may change from time to time in CRI’s sole discretion unless otherwise agreed by you and CRI in writing. We may choose to temporarily change the fees for our services for promotional events (for example, free posting days) or new Site Features, and such changes are effective when we post the temporary promotional event or new Site Features on the Website or as we otherwise agree with you in writing. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the services in a timely manner with a valid payment method (“Payment Method”. If your Payment Method fails or is past due, we collect fees owed using other collection methods, including retaining collection agencies and legal counsel, and you agree to reimburse us for any expense associated with such collection methods.

8. HYPERLINKS

8.1 Hyperlinks to this Website

In order to respect the integrity of the contents of this Website and avoid creating confusion amongst Internet users regarding the origin of the aforementioned contents, the following are forbidden: (i) extended links which allow Internet users access to pages within this Website without first passing through the Home Page of the Website or through subsections of the Website; (ii) inline links which allow the user to automatically see the contents of this Website at a specific location; and (iii) framing links, which enable a page from this Website to appear in a frame within the page of the Website visited by the user. The following are permitted: (i) simple links to the Home Page of this Website; and (ii) simple links to the home page of the various subsections of this Website. Except as otherwise set forth in these Terms of Use, you agree not to establish any hyperlinks to any of CRI’s Sites without CRI’s prior written consent.

In any event, links from websites containing immoral, violent, pornographic or pedophilic material, or websites that undermine human dignity or that are intended to display or sell objects, substances and/or works that are banned or illicit, are strictly forbidden.

Under no circumstances shall a hyperlink to this Website from the website of a third party imply co-operation between CRI and such third-party website. CRI has no control over third-party websites and therefore assumes no responsibility with respect to contents, products, services, information, hardware or software of websites containing a hyperlink to this Website.

8.2 Hyperlinks to third-party websites

This Website may contain links to the websites of CRI partners or to the websites of third party companies.

CRI does not own and has no control over these websites and therefore assumes no responsibility with respect to the availability of these websites, their content, advertising material, and the products or services available at or through these websites. CRI does not endorse any of these hyperlinked websites but provides hyperlinks to such websites only as a convenience. CRI accepts no liability for any direct or indirect damage that may result from a user's visit to the partner or third-party websites, or from the use of the contents and services of these websites by the user.
You acknowledge that CRI shall not be responsible or liable for the content or conduct of, associated with, or related to any hyperlinked website or advertiser site, and, accordingly, your access and use of any hyperlinked website or advertiser site shall be solely at your own risk. If you have any questions or concerns regarding any hyperlinked website or advertiser site, you should review any terms and conditions and privacy policy maintained by that hyperlinked website or advertiser site, or contact that hyperlinked website’s or advertiser site’s website administrator.

 

9. REPRESENTATIONS AND WARRANTIES AND INDEMNIFICATION

You represent, warrant and covenant to CRI that: (i) you have the full power and authority to enter into and perform your obligations under these Terms of Use; (ii) your assent to and performance of your obligations under these Terms of Use do not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; (iii) you are age 18 or over, able to form a legally binding contract, and these Terms of Use constitute legal, valid and binding obligations on you, enforceable in accordance with their terms and conditions; (iv) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of CRI or any third party in your use of the Website; and (v) you will comply with all applicable laws, rules and regulations in your use of the Website, including these Terms of Use.
You represent, warrant and covenant to CRI that: (a)you are not, and shall not be during the period of your use of the Website, a supplier of any Competitive Product or Service, nor are you accessing the website, Software, and/or Proprietary Information, directly or indirectly, for the purpose of providing data or competitive information to a supplier of any Competitive Product or Service or any affiliate thereof or otherwise competing with CRI or its affiliates; and (b) you have provided true and accurate information as to your actual identity.

You agree to indemnify and hold CRI and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any and all damages, losses, costs or expenses (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of these Terms of Use or (ii) arising from, related to, or connected with your use of this Website, any Software, and/or the Proprietary Information. If you are obligated to provide indemnification pursuant to this provision, CRI may, in its sole and absolute discretion, control the disposition of any third party Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any third party Claim without the consent of CRI.

 

10. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS

10.1 Disclaimer Of Warranties
THE WEBSITE, SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE AND ANY PROPRIETARY INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE WEBSITE, SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE, AND/OR PROPRIETARY INFORMATION TO ACHIEVE YOUR INTENDED RESULTS AND SOLE RESPONSIBILITY FOR THE USE OF, AND RESULTS OBTAINED FROM THE WEBSITE, SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE, AND/OR THE PROPRIETARY INFORMATION. ANY CONTENT OR SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. WITHOUT LIMITING THE FOREGOING PROVISIONS, CRI MAKES NO WARRANTY THAT THE WEBSITE, SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE, AND/OR THE PROPRIETARY INFORMATION OR ITS USE WILL BE ERROR-FREE, SECURE, VIRUS FREE, OR FREE FROM INTERRUPTIONS, DEFECTS OR OTHER FAILURES OR HARMFUL COMPONENTS OR THAT THE WEBSITE, SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE, AND/OR THE PROPRIETARY INFORMATION WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR BE COMPATIBLE WITH YOUR EQUIPMENT OR OTHER HARDWARE, SOFTWARE OR BROWSER CONFIGURATION OR THAT INACCURACIES OR ERRORS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRI DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, AND WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE, ALL WITH REGARD TO THE WEBSITE, SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE, AND/OR THE PROPRIETARY INFORMATION. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE WEBSITE, SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE, AND/OR THE PROPRIETARY INFORMATION. THE ENTIRE RISK OF THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE WEBSITE, SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE, AND/OR THE PROPRIETARY INFORMATION, IF ANY REMAINS SOLELY WITH YOU. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
CRI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY ADVERTISING AND CRI WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

CRI reserves the right to modify or correct the contents of its Website at any time, without notice. CRI shall not be liable in the event of contamination of your computer equipment as a result of virus propagation or other computer “infections.” You are responsible for taking all appropriate measures to protect your own data and software, including measures to protect your data and software from contamination by any viruses circulating via the Internet.

10.2 Exclusion Of Damages

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL CRI, ITS EMPLOYEES, SUPPLIERS OR THE THIRD PARTIES MENTIONED ON ITS WEBSITE BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL INFORMATION, LOSS OF DATA, USER INFORMATION OR OTHER INFORMATION, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE WEBSITE, THE SOFTWARE, THE PROPRIETARY INFORMATION, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY CRI, ITS EMPLOYEES, SUPPLIERS OR THE THIRD PARTIES MENTIONED ON ITS WEBSITE, AND EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

11. TERMINATION

CRI may, in its sole discretion and without any liability, change, modify, suspend, make improvements to or discontinue any aspect of the Website, temporarily or permanently, at any time without prior notice.

 

12. JURISDICTION; APPLICABLE LAW; DISPUTE RESOLUTION
These Terms of Use shall be governed, construed and applied in all respects by the laws of the State of New York, without regard to any provision governing conflicts of law. Any disputes arising out of, relating to, or connected with these Terms of Use or your use of this Website shall be brought exclusively before the federal or state courts serving the County of Westchester, State of New York. The use of this Website implies your express consent to the personal jurisdiction and venue of such courts.

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

 

13. WAIVER OF CLASS ACTION RIGHTS; LIMITATION OF ACTIONS
By entering into these Terms of Use, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these Terms of Use or your use of the Website must be asserted individually.

 

14. CORRESPONDENCE WITH CRI

To correspond with CRI by e-mail, Internet users must use the email address provided herein. Our replies to e-mails may not be equated to or considered proof of advertising, promotional or commercial activity in the destination country of these replies. Correspondence from CRI to you shall be sent to you at the address provided by you.

 

15. ENTIRE AGREEMENT; SEVERABILITY

These Terms of Use, our Privacy Policy and, to the extent applicable, any member or subscriber agreements, additional terms and conditions related to Site Features, and the End User License Agreement (“EULA”), constitute the entire agreement between the parties with respect to the use of the CRI Website, superseding all prior or contemporaneous oral or written agreements or understanding with respect to such subject matter. If any provision of these Terms of Use is held to be unenforceable or invalid in whole or in part, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remaining provisions shall be given full force and effect. To the extent applicable, these Terms of Use are subject to the express terms of the EULA.

 

16. OTHER PROVISIONS
CRI’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. CRI may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

 

17. FOR USER USE ONLY
Except as otherwise specifically set forth herein, the information, including without limitation, Proprietary Information, made available through your use and access of the Website is intended only for you and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than you is prohibited.

 

18. COMMENTS, QUESTIONS AND REQUESTS
Please send any notices or requests by email to: legal@thebluebook.com

 

Privacy Policy:


(last revised 07/15/13)

At Contractors Register Inc., we are committed to protecting privacy. Contractors Register, Inc. makes significant efforts to protect against unauthorized access to private information, including, where appropriate, protecting information by encryption and other technologies suitably in line with current Industry standards. As part of the operation of an interactive web site some information is needed from you. The data you input is used in your interaction with our web sites and may be collected for additional use as well. Generally, as a business-to-business service provider, the information we collect (such as business name and address) is not private. Any private information that we do collect is protected consistent with this policy.

Our policy is not to disclose private information to others, except when necessary to third parties performing work for us involving that information or if disclosure is required by law or pursuant to judicial or governmental investigations or proceedings. For information provided to third parties under contract we require that those third parties protect the private information consistent with this Privacy Policy and not use or disclose that information for any purpose other than providing us with products or services for which we contracted.

If you would like your company to be removed from The Blue Book Network and not continue to receive the emails and benefits that your membership provides, email legal@thebluebook.com or call 800-431-2584.

Although we reserve the right to make changes to this policy without any further or additional notice to you or to others, we will post any such changes on this page. Our sites may contain links to other web sites. We are not responsible for the privacy policies of those other sites. You should read those policies.

If you have questions about this policy or our terms of use, please contact info@thebluebook.com.

Thank You!

 

EULA:


CONTRACTORS REGISTER, INC.®
THE BLUE BOOK BUILDING AND CONSTRUCTION®”
END USER LICENSE AGREEMENT (last revised 07/15/13)
IMPORTANT - READ CAREFULLY:

1. PURPOSE

1.1 This End-User License Agreement (“EULA”) is a legal agreement between You (“You”, “you”, “Your” and “your” includes You personally and, if applicable, on behalf of the entity for whom You are using the Software (as defined herein)) and Contractors Register, Inc., its subsidiaries, affiliates and licensees (collectively “CRI”) concerning Your authorized use of the following, including, without limitation, any updates and revisions to the following that CRI may provide (each, a “Software Product”): MY BLUE BOOK®, BB-SUPPLY®, BB BID®, VU360® PLUGIN, SYNCWARE® PLUGIN, BPM SELECT®, THE BLUE BOOK BUILDING & CONSTRUCTION NETWORK®, THEBLUEBOOK.COM®, JOBSITEEQUIP.COM™, PROJECT SOURCE™, BB-GATEWAY®, BLUE BOOK UNIVERSITY™, THE BLUE BOOK UNIVERSITY™ . PROJECT PIPELINE® GET-BIDS™ AND PROVIEW®. This EULA defines the conditions under which CRI makes the Software available to You and the conditions under which You may have access to and use the Software. For purposes of this EULA, “Software” shall mean all of the Software Products collectively and/or any or each of such Software Products, as the context requires.
1.2 The Software includes computer software with object code component parts, all other component parts, any associated media, any printed materials, any updates, and any “online” or electronic documentation, as applicable.
1.3 BY ACCESSING, INSTALLING, COPYING OR OTHERWISE USING ANY OF THE SOFTWARE PRODUCTS, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA, INCLUDING THE WEBSITE TERMS AND PRIVACY POLICY (AS EACH IS HEREINAFTER DEFINED) WHICH ARE HEREBY INCORPORATED HEREIN AND MADE A PART HEREOF. IF YOU DO NOT AGREE TO BE SO BOUND, CRI IS UNWILLING TO LICENSE ANY OF THE SOFTWARE PRODUCTS TO YOU AND YOU MAY NOT ACCESS, INSTALL, COPY OR OTHERWISE USE ANY OF THE SOFTWARE PRODUCTS.

 

2. ACCESS TO CRI’S NETWORK VIA THE SOFTWARE

2.1 Except as expressly provided herein, the Software is intended to be used only by individuals and entities that can form legally binding contracts under applicable law. Persons using the Software and our Network (defined below) to purchase products or services or utilizing resources on behalf of an employer must do so only with the authorization of their employer. You must comply with all of the terms and conditions of this EULA, the policies referred to herein, and all applicable laws, regulations and rules when You use the Software.

2.2 The Software may provide access to, or be made available by CRI through, CRI’s websites and network/Internet servers (“Network”) used by CRI to support certain functionality of the Software. In addition, the Software enables You to share Postings (as hereinafter defined) that may be made available to the public and the Software enables You to share information with others that You authorize. Access to CRI’s Network is by means of the user’s computer which runs the Software, or accesses the Software through a CRI Network server, and is connected to a telecommunications network allowing access to CRI’s Network. The communication protocols used by the Software are those currently used by the Internet network. The rights of access to and use of CRI’s Network are non-exclusive and non-transferable. While continuous access to the Internet and to CRI’s Network is not required for You to use the Software (e.g., portions of the Software may be used offline), Your access to, and certain functionality of, the Software will automatically be shut down if You have not accessed the Network for a period of thirty (30) days until such time as You do access the Network (at which time Your access to the Software will be automatically restored). No automatic shut down or restriction of the Software pursuant to this Section will result in the termination of this EULA or any of the terms and conditions herein. To the extent that You use certain Site Features (defined below) through the Network, You will be subject to any additional guidelines, restrictions or rules applicable to such access, including, without limitation, any technical specifications that CRI may provide from time to time and CRI’s Terms of Use (“Website Terms”) and Privacy Policy (“Privacy Policy”), which are available at http://www.thebluebook.com or such other URL as CRI may provide from time to time (the “Site”).

2.3 CRI uses the means that it believes is reasonable to provide access to its Network through the Software 24 hours a day, 7 days a week, except in the case of natural disasters or events beyond the control of CRI and subject to any breakdowns or any maintenance operations required to ensure the smooth operation of its website service and equipment. CRI will not be liable for any failure or deficiency in the performance of its Network by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to CRI, fire, terrorism, natural disaster or war. You are responsible for taking all appropriate measures to back-up Your own Data (defined below) and to protect Your own Data, software and equipment.

 

3. LICENSE GRANT; SINGLE USER

3.1 Subject to the terms and conditions of this EULA, CRI hereby grants to You a limited, non-sublicensable, non-exclusive, non-transferable right to use one copy of the specified version of each Software Product (or with respect to a Software Product which is a web-based service, such right does not entitle You to make any copies, but rather simply to access and use such service through the Internet) and the accompanying documentation, which shall include, without limitation, any printed materials, “online” or electronic data provided by or obtained from CRI with regard to the Software (“Documentation”), solely for Your individual use. Even though copies of the Software may be provided on media of different formats, including, without limitation, electronically over the Internet, copies of the Software on different media formats do not constitute multiple licenses to the Software. This license authorizes You (excluding any Software Product offered solely as a web-based service) to make one copy of the Software solely for backup or archival purposes, provided that the backup, archival or any other type of copies of the Software and Documentation You make contains all of the proprietary notices set forth in or on the version of the Software You are then using pursuant to this EULA.
3.2 You may use only one copy of the Software on a total of one computer or workstation or one such other electronic device for which the Software was designed (“Client Device”), unless otherwise set forth herein (for a Software Product offered as a service, only use such service under a particular set of log-in credentials on one computer workstation or electronic device at a time). The component parts of the Software may not be used individually or jointly, in full or in part, on more than one Client Device, unless otherwise set forth herein. The Software is “in use” on a Client Device when it is loaded into the temporary memory (i.e., random-access memory or RAM) of such Client Device.

 

4. TERM

4.1 This EULA is effective unless and until You or CRI terminates this EULA in accordance with the terms set forth herein. Regardless of the location of the Software, You are responsible for strict compliance with any and all of the terms and conditions of this EULA, whether by You or any person or entity under Your control or in Your service.

4.2 CRI may, in its sole discretion, at any time and for any reason, terminate this EULA and/or modify or restrict Your access to CRI’s Network. CRI expressly reserves the right to make the Software available only to CRI customers or certain CRI customers based on their customer status and/or to charge CRI customers and/or other potential licensees of the Software a monetary fee for a license to use the Software and any other rights under this EULA.

4.3 Your license under this EULA will terminate automatically if You fail to comply in all material respects with any of the limitations or other requirements described herein, and such termination shall be in addition to and not in lieu of any criminal, civil or other remedies available to CRI at law or in equity. In addition, without prejudice to any right and remedy set forth in this EULA or at law or in equity, CRI may terminate this EULA immediately following the failure to resolve the suspension of business, insolvency, institution of bankruptcy, liquidation proceedings by or against You, appointment of a trustee or receiver for Your property or business, or any assignment, reorganization or arrangement by You for the benefit of Your creditors.

4.4 When this EULA terminates, You must immediately cease using the Software and destroy all copies of the Software and the Documentation. You may terminate this EULA at any point by ceasing using the Software and destroying all copies of the Software and the Documentation. Your use of the Software and the Documentation will remain subject to the terms of this EULA (notwithstanding the termination of Your license) until such time as You shall have ceased use of and destroyed all copies of the Software and the Documentation as required hereby.

 

5. UPDATES
CRI may, in its sole discretion, make bug fixes, updates and/or service packs available for the Software. CRI may, in its sole discretion, release new versions of the Software under the same or different license terms and conditions as those contained herein. CRI reserves the right to revise the Software and Documentation and to make changes from time to time to the content thereof without obligation of CRI to notify any person or entity (including You) of such revision or changes.

 

6. POSTINGS

6.1 The Software may offer opportunities for You to post content to CRI’s Network in the form of text, pictures, drawings, plans or designs (“Posting”) that may be made available to the public. When You make a Posting to CRI’s Network through Your use of the Software or access Postings on CRI’s Network using CRI’s website features (“Site Features”), You will be subject to any additional guidelines, restrictions or rules applicable to such Postings and access, including, without limitation, any technical specifications that CRI may provide from time to time and CRI’s Website Terms of Use (“Website Terms”) and Privacy Policy (“Privacy Policy”), which are available at http://www.thebluebook.com or such other URL as CRI may provide from time to time (the “Site”), as well as any data and message rates of your provider that may apply . The Website Terms and the Privacy Policy and such other additional guidelines, restrictions and rules are hereby incorporated in this EULA by reference for all purposes and shall apply to Your use of the Software to the same extent they apply to Your use of the Site to which they relate. In the event of any conflict between the terms of this EULA and the Website Terms or Privacy Policy, the terms of this EULA shall be deemed to apply. In addition, certain Software Products may have specific terms of use applicable to just that Software Product, which can be found at http://www.thebluebook.com and following the links for that particular Software Product.

6.2 When You use the Software and/or certain Site Features, You may be required to register and provide certain information, including Your name, email address and other required information.

6.3 Subject to the terms of the Privacy Policy and this Section 6.3, by submitting a Posting using the Software, You agree that no such Posting is or shall be deemed confidential and that You are granting CRI a perpetual, worldwide, royalty-free, non-exclusive, sublicensable and irrevocable right and license to use, copy, reproduce, create derivative works based upon, distribute and display, and to access (and allow third parties to access), edit, delete or disclose, such Posting in whole or in part, in any form, media or technology known or hereafter developed. Except for any disclosure authorized by You, CRI will use commercially reasonable efforts to maintain the confidentiality of all Postings and User Information (as defined below) in accordance with the Privacy Policy. In addition, subject to the terms of the Privacy Policy and this Section 6.3, CRI may retain, use, access (and allow third parties to access), preserve, disclose, modify or delete any other information collected in connection with Your use of the Software or Site Features, including, without limitation, personal information (“User Information”). User Information collected by CRI may be stored and processed in the United States or any other country in which CRI or its agents maintain facilities. By using the Software or Site Features, You consent to any such transfer of User Information outside of Your country. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.

 

7. RESTRICTIONS; NONDISCLOSURE

7.1 You may not rent, lease, sublicense, loan, or resell the Software or the Proprietary Information (as defined in Section 8.1). You may only use the Software on a Client Device that is under Your exclusive control. You may not permit any parent, affiliate, subsidiary or any other third parties to benefit from the use of the Software or Proprietary Information nor the functionality of the Software, either directly or via a facility management, timesharing, service bureau or any other arrangement. You may not transfer any or all of the rights granted to You under this EULA. You may not modify, adapt, translate, reverse engineer, decompile, or disassemble the Software, or otherwise attempt to derive source code from the Software, or create derivative works based upon the Software, in whole or in part, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not duplicate or copy any portion of the Software or Documentation, except as otherwise set forth herein. You may not remove any proprietary notices or labels on the Software or the Proprietary Information. All rights not expressly set forth hereunder are reserved by CRI. CRI reserves the right to periodically conduct audits upon advance written notice to verify compliance with the terms of this EULA.

7.2 You agree not to disclose or otherwise make the Software or the Proprietary Information available to any person other than Your employees, if applicable, required to have such knowledge in the normal course of Your business and who are authorized to access the Software and Proprietary Information hereunder. You expressly agree not to, directly or indirectly: (i) disclose, publish, transfer, distribute or disseminate, or cause or permit to be disclosed, published, transferred, distributed or disseminated, the Software or the Proprietary Information to any third party; (ii) use the Software or the Proprietary Information in any manner, as a basis for providing any product or service (a “Competitive Product or Service”) or otherwise, which competes with any products or services of CRI or its affiliates or otherwise use the Software or the Proprietary Information to compete with CRI or its affiliates; (iii) use the Software or the Proprietary Information to provide data or competitive information to any provider of Competitive Products or affiliate thereof; or (iv) use the Software, Network or Proprietary Information, directly or indirectly, in transmission of “spam,” mass e-mailings, chain letters, junk mail or any other type of unsolicited solicitation, whether electronic or otherwise.

 

8. OWNERSHIP RIGHTS

8.1 The Software and Documentation are protected by United States patent, copyright and/or other intellectual property laws and international treaty provisions. All right, title and interest in and to all copyrights, patents, trade secret rights, trademarks and other intellectual property rights in and to the Software (including, without limitation, any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Software) and the Documentation (collectively, “Software Information”), are owned by or licensed to CRI and/or its suppliers, and the structure, organization and code relating to the Software or otherwise made available through Your use of the Software and all other information or data supplied by CRI and/or its suppliers, products, free listings or website users and customers, including, without limitation, any and all information and data in machine readable form (collectively, “Data Information” and together with the Software Information, the “Proprietary Information”), are proprietary, confidential, and are the valuable trade secrets of CRI and/or its suppliers. You acknowledge, and agree not to challenge in any manner, that the Proprietary Information is, in part: (i) comprised of collections and assemblies of preexisting data, the selection, organization and arrangement of which results in original works, (ii) incorporates and/or integrates data that is not preexisting but instead is the original expression of CRI or its suppliers, as the case may be, and (iii) derives value from the fact that such data was promptly selected, organized, arranged and published by CRI or its suppliers. You acknowledge that Your possession, installation, or use of the Software and/or the Proprietary Information does not transfer to You any ownership, title, or registrable interest of any kind in or to the intellectual property in the Software or Proprietary Information, and that You will not acquire any rights in or to the Software or Proprietary Information except as expressly set forth in this EULA. CRI’s suppliers, if any, of the Software or Documentation, or any portions thereof, are intended third party beneficiaries of this EULA and are entitled to enforce the terms of this EULA in their own names directly against You.
8.2 Trademarks, service marks, trade names, product names, logos, designs, titles, and words or phrases used on the Site, including, without limitation, the marks, “THEBLUEBOOK.COM®,” “CONTRACTORS REGISTER®,” “VU360®,” “SYNCWARE®,” “THE BLUE BOOK®,” “MY BLUE BOOK®,” “BPM SELECT®,” “BID SCOPE®,” “BB-SUPPLY®,” “THE BLUE BOOK BUILDING AND CONSTRUCTION®,” “THE BLUE BOOK BUILDING & CONSTRUCTION NETWORK®, “AEC SOLUTIONS®” “BB-GATEWAY®”, “BLUEBOOKUNIVERSITY.COM®”, “BB BID®,” “PROJECT SOURCE™”, “JOBSITEEQUIP.COM™”, “BLUE BOOK UNIVERSITY™”, “THE BLUE BOOK UNIVERSITY™”, “PROJECT PIPELINE®”, GET-BIDS™, PROVIEW® and related design marks are owned by CRI, its licensors or other entities. Trademarks shall be used in accordance with accepted trademark practice, including identification of the trademark owner’s name. Trademarks can only be used by You to identify printed output produced by the Software. Such use of any trademark does not give You any rights of ownership in that trademark.

8.3 You agree that during the term of this EULA and for a period of one year thereafter, to the extent commercially reasonable under the circumstances, You will cooperate in the enforcement of all rights in and to the Software and Proprietary Information against infringers. Any failure by You to so enforce such rights, within a reasonable time after notification, that results in unauthorized copying or use of the Software or Proprietary Information by any third party, will, despite any other provision of this EULA and without limiting any legal or equitable rights CRI may have, entitle CRI to terminate this EULA.
8.4 As between You and CRI, CRI obtains no ownership interest in any of Your data, information or material owned, licensed or otherwise lawfully obtained by You (“Data”) that You submit or store through Your use of the Software. CRI and its affiliates has a non-exclusive, fully-paid, royalty-free, license to use, access and process the Data for the purpose of providing services in connection with Your use of the Software, including without limitation to address service or technical problems, and to use, access or disclose any Data (a) at Your commercially reasoanble request or as Your authorize; (b) to comply with applicable laws; and (c) as otherwise provided under this EULA or the Website Terms, consistent with our Privacy Policy.

 

9. PASSWORD AND ACCOUNT SECURITY

9.1 The Software may allow You to create Your own online account by completing a registration process. In doing so, You must provide CRI with accurate and complete registration information, and update it if Your information changes. It is particularly important to keep the e-mail address associated with Your account current because although You may be able to log into Your account using an old e-mail address, You will not be able to receive messages from CRI about Your Postings or other matters. If You provide any information that is untrue, inaccurate, incomplete or not current, or CRI has grounds to suspect that such information is untrue, inaccurate, incomplete or not current, CRI has the right to suspend or terminate any issued password and refuse any and all current or future use of the Software and Site Features.

9.2 Following Your registration, CRI will create an account for You and assign You, or allow You to select, a password. You must keep Your password confidential and not disclose Your password to any person other than Your direct employees, as applicable, required to have such access to Your password in the normal course of Your business. You will be responsible for all use of Your password, including, without limitation, any use by any unauthorized third party. You must notify CRI immediately if You believe Your password may be used by any unauthorized person or entity. CRI may authenticate Your password periodically. For security purposes, CRI recommends You change Your password often. Under no circumstance should You respond to a request for Your password. CRI employees will never ask for Your password. You must notify CRI immediately if You receive such a request. CRI reserves the right to suspend or terminate Your use of the Software and Site Features if CRI believes that Your password is being used without permission or otherwise in a manner that may disrupt the Site Features.

 

10. REPRESENTATIONS; INDEMNIFICATION

10.1 You represent, warrant and covenant to CRI that: (i) You have the full power and authority to enter into and perform Your obligations under this EULA; (ii) Your assent to and performance of Your obligations under this EULA does not constitute a breach of or conflict with any other agreement or arrangement by which You are bound, or any applicable laws, regulations or rules; (iii) You are age 18 or over and able to form a legally binding contract, and this EULA constitutes legal, valid and binding obligations on You, enforceable in accordance with their terms and conditions; (iv) Your use of the Software, use of the results from Your use of the Software, and Postings by You will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of CRI or its affiliates or of any third party; (v) Your use of the Software and use of the results from Your use of the Software will (a) not be used other than in the normal course of Your business; (b) not be used for the transmission of “spam,” mass e-mailings, chain letters, junk mail or any other type of unsolicited solicitation, whether electronic or otherwise; and (c) not be used in such a manner, directly or indirectly, as to provide any product or service to third parties (a “Competitive Product or Service”) or otherwise, which competes with any products or services of CRI or its affiliates, or be disseminated or distributed to any provider of any Competitive Product or Service or affiliate thereof; (vi)You are not, and shall not be during the term of this Agreement, a supplier of Competitive Products, nor are You accessing, registering Your use of, or subscribing to the Software and/or the Proprietary Information, directly or indirectly, for the purpose of providing data or competitive information to a supplier of Competitive Products or any affiliate thereof or otherwise competing with CRI or its affiliates, and (vii) You will comply with all applicable laws, rules and regulations in connection with Your use of the Software, including this EULA; and (viii) all information You provide in connection with Your use of the Software is and will be true and accurate.

10.2 You agree to indemnify and hold CRI and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any and all damages, losses, costs or expenses (including, without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by You of any representation, warranty, covenant, agreement or other provision of this EULA or (ii) arising from, related to, or connected with Your use of the Software and/or the Proprietary Information or (iii) Your negligent act, omission or willful misconduct. If You are obligated to provide indemnification pursuant to this provision, CRI may, in its sole and absolute discretion, control the disposition of any third party Claim at Your sole cost and expense. Without limiting the foregoing, You may not settle, compromise or in any other manner dispose of any third party Claim related to this EULA or Your use of the Software without the consent of CRI.

 

11. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS

11.1 THE SOFTWARE AND ACCOMPANYING DOCUMENTATION AND THE PROPRIETARY INFORMATION ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, CRI MAKES NO WARRANTY THAT THE SOFTWARE AND/OR THE PROPRIETARY INFORMATION WILL BE ERROR-FREE, VIRUS FREE, OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE AND/OR PROPRIETARY INFORMATION WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR BE COMPATIBLE WITH YOUR EQUIPMENT OR SOFTWARE CONFIGURATION OR THAT INACCURACIES OR ERRORS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRI DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE OR PROPRIETARY INFORMATION. THE ENTIRE RISK OF THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE OR PROPRIETARY INFORMATION, IF ANY, REMAINS SOLELY WITH YOU. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

11.2 CRI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ACCESSED THROUGH USE OF THE SOFTWARE, NETWORK OR SITE.

11.3 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL CRI, ANY OTHER INDEMNIFIED PARTY OR CRI’S SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL INFORMATION, LOSS OF DATA, USER INFORMATION OR OTHER INFORMATION, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE OR PROPRIETARY INFORMATION, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY CRI, ANY OTHER INDEMNIFIED PARTY OR CRI’S SUPPLIERS, AND EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

12. EXPORT CONTROLS

During the term of this EULA, neither the Software, the Documentation, the Proprietary Information, nor the underlying information or technology may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nations or the United States Commerce Department's Table of Denial Orders. By using the Software and/or Proprietary Information, You are agreeing to the foregoing and You are certifying that You are not located in, under the control of, or a national or resident of any such country or on any such list.

IN ADDITION, YOU SHOULD BE AWARE OF THE FOLLOWING:
EXPORT OF THE SOFTWARE MAY BE SUBJECT TO COMPLIANCE WITH THE RULES AND REGULATIONS PROMULGATED FROM TIME TO TIME BY THE BUREAU OF EXPORT ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE, WHICH RESTRICT THE EXPORT AND RE-EXPORT OF CERTAIN PRODUCTS AND TECHNICAL DATA. IF THE EXPORT OF THE SOFTWARE IS CONTROLLED UNDER SUCH RULES AND REGULATIONS, THEN THE SOFTWARE SHALL NOT BE EXPORTED OR RE-EXPORTED, DIRECTLY OR INDIRECTLY, (A) WITHOUT ALL EXPORT OR RE-EXPORT LICENSES AND UNITED STATES OR OTHER GOVERNMENTAL APPROVALS REQUIRED BY ANY APPLICABLE LAWS, OR (B) IN VIOLATION OF ANY APPLICABLE PROHIBITION AGAINST THE EXPORT OR RE-EXPORT OF ANY PART OF THE SOFTWARE. SOME COUNTRIES HAVE RESTRICTIONS ON THE USE OF ENCRYPTION WITHIN THEIR BORDERS, OR THE IMPORT OR EXPORT OF ENCRYPTION EVEN IF FOR ONLY TEMPORARY PERSONAL OR BUSINESS USE. YOU ACKNOWLEDGE THAT THE IMPLEMENTATION AND ENFORCEMENT OF THESE LAWS IS NOT ALWAYS CONSISTENT AS TO SPECIFIC COUNTRIES. ALTHOUGH THE FOLLOWING COUNTRIES ARE NOT AN EXHAUSTIVE LIST THERE MAY EXIST RESTRICTIONS ON THE EXPORTATION TO, OR IMPORTATION OF, ENCRYPTION BY: BELGIUM, CHINA, FRANCE, INDIA, INDONESIA, ISRAEL, RUSSIA, SAUDI ARABIA, SINGAPORE, AND SOUTH KOREA. YOU ACKNOWLEDGE IT IS YOUR ULTIMATE RESPONSIBILITY TO COMPLY WITH ANY AND ALL GOVERNMENT EXPORT AND OTHER APPLICABLE LAWS AND THAT CRI HAS NO FURTHER RESPONSIBILITY AFTER THE INITIAL LICENSE TO YOU WITHIN THE ORIGINAL COUNTRY OF LICENSE.

 

13. CONFIDENTIALITY

You agree that the Software, including, but not limited to, the object code components, the Proprietary Information and any Documentation provided to You is “Confidential Information” of CRI. You shall retain all Confidential Information in strict confidence using at least the same amount of diligence that You exercise in preserving the secrecy of Your most valuable information, but in no event less than reasonable diligence. You shall: (i) only disclose Confidential Information to Your employees and agents to the extent required to use the Software under the terms of this EULA, and (ii) bind Your employees and agents to maintain the confidentiality of such Confidential Information, and not use or disclose such information except as permitted under this EULA.

 

14. AUTHORIZED RESELLERS

Any authorized CRI reseller, installer or consultant is not affiliated with CRI in any capacity other than as a distributor, installer or consultant of CRI’s products and has no authority to bind CRI or modify any license or warranty. CRI makes no representations, warranty, endorsement or guarantee with respect to the skills or qualifications of any authorized CRI reseller, installer or consultant and You are encouraged to independently investigate the skills and qualifications of any authorized CRI reseller, installer or consultant with whom You associate.

 

15. UNITED STATES GOVERNMENT

The Software and accompanying Documentation are deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying Documentation by the United States Government shall be governed solely by the terms of this EULA and shall be prohibited except to the extent expressly permitted by the terms of this EULA or required by law.

 

16. JURISDICTION AND APPLICABLE LAW

This EULA shall be governed, construed and applied in all respects by and in accordance with the laws of the State of New York, without regard to any provision governing conflicts of law. Any disputes arising out of, relating to, or connected with this EULA or Your use of the Software shall be brought exclusively before the federal or state courts serving the County of Westchester, State of New York. Your use of this Software implies Your express consent to the personal jurisdiction and venue of such courts. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

 

17. WAIVER OF CLASS ACTION RIGHTS; LIMITATION OF ACTIONS

17.1 By entering into this EULA, You hereby irrevocably waive any right You may have to join claims with those of others in the form of a class action or similar procedural device with respect to the subject matter hereof. Any claims arising out of, relating to, or connected with this EULA or Your use of the Software must be asserted individually.

17.2 You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action You may have arising out of, relating to, or connected with this EULA or Your use of the Software must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

 

18. CORRESPONDENCE WITH CRI

To correspond with CRI by e-mail, You must use the email address provided herein. CRI’s replies to e-mails may not be equated to or considered proof of advertising, promotional or commercial activity in the destination country of these replies. Correspondence from CRI to You shall be sent to You at the address provided by You.

 

19. ENTIRE AGREEMENT; SEVERABILITY

This EULA constitutes the entire agreement between the parties with respect to the use of the Software and the subject matter hereof, superseding all prior or contemporaneous oral or written agreements or understanding with respect to such use and subject matter. If any provision of this EULA is held to be unenforceable or invalid in whole or in part, that provision shall be enforced and the remaining provisions shall be given full force and effect to the maximum extent permissible so as to effect the intent of the parties..

 

20. OTHER PROVISIONS

CRI’s failure to insist upon or enforce strict performance of any provision of this EULA shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this EULA. You may not assign or otherwise transfer this EULA without the prior written consent of CRI. CRI may assign its rights and duties under this EULA to any party at any time without notice to You. If there is a conflict between the most current version of this EULA posted at http://www.thebluebook.com/EULA and this EULA, the form of EULA posted at http://www.thebluebook.com/EULA will prevail. It is Your responsibility to review the current form of EULA posted at http://www.thebluebook.com/EULA from time to time to review any changes or amendments to this EULA. Your continued use of the Software will indicate Your agreement to any changes therein. You hereby acknowledge a breach by You of this EULA would cause irreparable harm and significant injury to CRI that may be difficult to ascertain and that a remedy at law alone would be inadequate. You agree that CRI shall have the right to obtain, without the posting of a bond, immediate injunctive relief to enforce the obligations under the EULA in addition to any other rights and remedies it may have.

 

21. COMMENTS, QUESTIONS AND REQUESTS

Please send any notices or requests by email to: legal@thebluebook.com

NEW MEMBER GALLERY


Select Coatings Inc. ...
Boynton Beach, FL