Terms and Conditions
Last updated: June 20, 2017
Please read these Terms and Conditions ("Terms", "Terms and Conditions")
carefully before using the www.abluec.com website and the aBlueC mobile
application (together, or individually, the "Service") operated by aBlueC Inc.
("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of
and compliance with these Terms. These Terms apply to all visitors, users and
others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you
disagree with any part of the terms then you do not have permission to access
By creating an Account on our service, you agree to subscribe to newsletters,
marketing or promotional materials and other information we may send. However,
you may opt out of receiving any, or all, of these communications from us by
following the unsubscribe link or instructions provided in any email we send.
Some parts of the Service are billed on a subscription basis
("Subscription(s)"). You will be billed in advance on a recurring and periodic
basis ("Billing Cycle"). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew
under the exact same conditions unless you cancel it or aBlueC Inc. cancels
it. You may cancel your Subscription renewal either through your online
account management page or by contacting aBlueC Inc. customer support team.
A valid payment method, including credit card, is required to process the
payment for your Subscription. You shall provide aBlueC Inc. with accurate and
complete billing information including full name, address, state, zip code,
telephone number, and a valid payment method information. By submitting such
payment information, you automatically authorize aBlueC Inc. to charge all
Subscription fees incurred through your account to any such payment
Should automatic billing fail to occur for any reason, aBlueC Inc. will issue
an electronic invoice indicating that you must proceed manually, within a
certain deadline date, with the full payment corresponding to the billing
period as indicated on the invoice.
aBlueC Inc., in its sole discretion and at any time, may modify the
Subscription fees for the Subscriptions. Any Subscription fee change will
become effective at the end of the then-current Billing Cycle.
aBlueC Inc. will provide you with a reasonable prior notice of any change in
Subscription fees to give you an opportunity to terminate your Subscription
before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into
effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Our Service allows you to post, link, store, share and otherwise make
available certain information, text, graphics, videos, or other material
("Content"). You are responsible for the Content that you post on or through
the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that:
(i) the Content is yours (you own it) and/or you have the right to use it and
the right to grant us the rights and license as provided in these Terms, and
(ii) that the posting of your Content on or through the Service does not
violate the privacy rights, publicity rights, copyrights, contract rights or
any other rights of any person or entity. We reserve the right to terminate
the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or
display on or through the Service and you are responsible for protecting those
rights. We take no responsibility and assume no liability for Content you or
any third party posts on or through the Service. However, by posting Content
using the Service you grant us the right and license to use, modify, publicly
perform, publicly display, reproduce, and distribute such Content on and
through the Service. You agree that this license includes the right for us to
make your Content available to other users of the Service, who may also use
your Content subject to these Terms.
aBlueC Inc. has the right but not the obligation to monitor and edit all
Content provided by users.
In addition, Content found on or through this Service are the property of
aBlueC Inc. or used with permission. You may not distribute, modify, transmit,
reuse, download, repost, copy, or use said Content, whether in whole or in
part, for commercial purposes or for personal gain, without express advance
written permission from us.
When you create an account with us, you guarantee that you are above the age
of 18, and that the information you provide us is accurate, complete, and
current at all times. Inaccurate, incomplete, or obsolete information may
result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and
password, including but not limited to the restriction of access to your
computer and/or account. You agree to accept responsibility for any and all
activities or actions that occur under your account and/or password, whether
your password is with our Service or a third-party service. You must notify us
immediately upon becoming aware of any breach of security or unauthorized use
of your account.
You may not use as a username the name of another person or entity or that is
not lawfully available for use, a name or trademark that is subject to any
rights of another person or entity other than you, without appropriate
authorization. You may not use as a username any name that is offensive,
vulgar or obscene.
The Service and its original content (excluding Content provided by users),
features and functionality are and will remain the exclusive property of
aBlueC Inc. and its licensors. The Service is protected by copyright,
trademark, and other laws of both the United States and foreign countries. Our
trademarks and trade dress may not be used in connection with any product or
service without the prior written consent of aBlueC Inc..
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are
not owned or controlled by aBlueC Inc.
aBlueC Inc. has no control over, and assumes no responsibility for the
content, privacy policies, or practices of any third party web sites or
services. We do not warrant the offerings of any of these entities/individuals
or their websites.
You acknowledge and agree that aBlueC Inc. shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content, goods or
services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies
of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service
immediately, without prior notice or liability, under our sole discretion, for
any reason whatsoever and without limitation, including but not limited to a
breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the
All provisions of the Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless aBlueC Inc. and its licensee
and licensors, and their employees, contractors, agents, officers and
directors, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to
attorney's fees), resulting from or arising out of a) your use and access of
the Service, by you or any person using your account and password; b) a breach
of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall aBlueC Inc., nor its directors, employees, partners, agents,
suppliers, or affiliates, be liable for any indirect, incidental, special,
consequential or punitive damages, including without limitation, loss of
profits, data, use, goodwill, or other intangible losses, resulting from (i)
your access to or use of or inability to access or use the Service; (ii) any
conduct or content of any third party on the Service; (iii) any content
obtained from the Service; and (iv) unauthorized access, use or alteration of
your transmissions or content, whether based on warranty, contract, tort
(including negligence) or any other legal theory, whether or not we have been
informed of the possibility of such damage, and even if a remedy set forth
herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an
"AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties
of any kind, whether express or implied, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose, non-
infringement or course of performance.
aBlueC Inc. its subsidiaries, affiliates, and its licensors do not warrant
that a) the Service will function uninterrupted, secure or available at any
particular time or location; b) any errors or defects will be corrected; c)
the Service is free of viruses or other harmful components; or d) the results
of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the
exclusion or limitation of liability for consequential or incidental damages,
so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of
Michigan, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held
to be invalid or unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service, and supersede and replace any prior
agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms
at any time. If a revision is material we will provide at least 30 days notice
prior to any new terms taking effect. What constitutes a material change will
be determined at our sole discretion.
By continuing to access or use our Service after any revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, you are no longer authorized to use the Service.
Seekers - Service Providers
Payments and/or refunds to/from service providers and seekers (customers) are
solely responsible for the person requesting the service “Seeker” and the “Service Provider”.
aBlueC is simply a network to connect seekers of services and providers of services.
aBlueC is not responsible for any payments or refunds for such services. aBlueC does not
endorse and is not responsible or liable for any content, data, advertising, products, goods or
services available or unavailable from, or through, any third party or service provider. Your dealings
with, or participation with any service provider and any other terms, conditions, representations or
warranties associated with such dealings, are between you and such service exclusively and do not
involve aBlueC. You should make whatever investigation or other resources that you deem
necessary or appropriate before hiring or engaging service providers. You agree that aBlueC will not
be responsible or liable for any service provider. No guarantees or endorsements. aBlueC makes no
guarantees, warranties or representations regarding the skills or undertakings of such service provider
or the quality of the job that he or she may perform for you if you elect to retain their services.
aBlueC does not endorse or recommend the services of any particular service provider. aBlueC does not
independently verify their representations or perform any screening based on the information
provided to us by the service provider about their services, nor validate any reviews. It is entirely up
to you to evaluate the service provider and the service provider's qualifications, and to enter into a
direct contract or otherwise reach agreement with a service provider. We do not guarantee or warrant
any service provider's performance on the job or the outcome or quality of the services performed.
The service providers are not employees or agents of aBlueC, nor is aBlueC an agent of the
service providers. It is entirely up to you the “seeker” to evaluate the service provider and the service
provider's qualifications, background and to enter into a direct contract or otherwise reach agreement
with a service provider. Release from Damages or Claims. Should you have a dispute with respect to
any services provided by a service provider or the fees charged by any service provider, you must
address such dispute with the service provider directly. YOU HEREBY AGREE TO RELEASE aBlueC
(AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM
ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY
KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR
UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR
DEALINGS WITH SERVICE PROVIDERS. aBlueC does not perform any screening based upon information
provided to us by the service provider.
If you have any questions about these Terms, please contact us.