WHAT PERSONAL INFORMATION DO WE COLLECT?
• You must open an account or complete an online registration to purchase Bluebook International online products and services, including, among other things, free or paid analysis reports. Information gathered during the registration or account creation process, or during access to particular products and services, may differ based on the nature of the product or service. Information that you provide when registering or creating an account, or accessing or using your account products or services associated with your account, may include: name and email address; billing information; information concerning service areas, products and content purchased, or accessed products or services such as zip code or postal code and country, the IP Internet (IP) address and URL of the Website that sent you to the Bluebook International registration page, demographic information provided by you (such as language, gender and age, and, if applicable, content preferences and personalization information); and whether you logged into or out of a Bluebook International service, or changed your password or billing information.
• Bluebook International does not intentionally collect personally identifiable information from children under the age of 18. If you are under the age of 18, you are NOT authorized to use our Websites. If we have specific knowledge that an individual under the age of 18 has submitted personally identifiable information to the Websites, we will delete such information permanently and without notice.
• Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. We use this information to measure the use of our site and to develop ideas to improve the content of our site.
• Our system may collect and make use of your location.
• We will not sell, rent or otherwise distribute your personally identifiable information to third parties without your consent, except as set forth below.
• Bluebook uses Google Analytics, which collects information related to your IP address, how you reached our site, and other technical data to help us debug our systems. Google Analytics may link your online identity to your use of our systems, but Bluebook does not.
• Utilizing our systems’ mapping functions passes your location data to Google Maps or another map provider. Depending on your browser’s security settings, Google Maps may ask your permission before revealing your location to Bluebook; if you deny permission all functions except mapping will function normally.
• If you access our services through another company’s website, then that company may track your activity, IP address, etc., and that company will have access to portions of your activity statistics (as described in this Policy) related to Bluebook’s systems. Bluebook has no control over, or responsibility for, any third party’s website through which you access Bluebook.
HOW DO WE KEEP YOUR PERSONAL INFORMATION SECURE? Bluebook International understands that it is a privilege to have you as a customer and is committed to protecting your personal information. We use the following controls to protect your personal information:
• Use of secure connections using SSL to safeguard information when transmitted from your Web browser to Bluebook International;
• Use of security controls to restrict access to databases housing personally identifying information;
• Use of encryption for sensitive personal information, such as credit card numbers and user names;
• Restrict employee access to databases containing personal information and impose confidentiality requirements upon employees who do; and
• Bind subcontractors with contractual, technical and organizational measures to protect your personal information.
HOW DO WE USE YOUR PERSONAL INFORMATION?
• Deliver to you and bill you for Bluebook International products and services, and communicate with you concerning your account and customer service issues. This may include verifying authorization of credit card usage before any purchase of content or services provided on our website;
• Create products and services, such as reports, that must contain the name and other information about the report’s creator in a manner consistent with the normal practice within the real estate industry.
• Verify access rights to content or other access-restricted services;
• Improve our products and services by providing personalized content recommendations and/or advertisements, language and location customization, and/or personalized help and instructions;
• Determine if you meet the minimum system requirements to use our products;
• Track content accesses for the purpose of paying royalties, license and any other applicable fees to third party providers, such as data companies and other copyright holders and content distributors;
• Ask you to participate in surveys about products, services, news and events;
• Offer you product upgrades, content and services;
• Provide you with content, services, instructions, and a more personalized experience based on personal information, such as your language preferences, zip/postal code, country locations, and any content or other preferences you provide;
• Auto-update Bluebook International products;
• Provide you with news, free newsletters, updates, targeted advertising, promotions, and special offers; and
• Better understand how our products are used, including Web traffic patterns and what types of content are most popular with users of our products and services. We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements.
WHEN AND HOW DO WE SHARE YOUR PERSONAL INFORMATION WITH THIRD PARTIES?
• Bluebook International may disclose relevant information about our customers to our contractors (e.g. a customer service contractor or a credit card clearing service) in order for them to provide specific services for Bluebook International, and to better serve our customers. Bluebook International, contractors are bound by strict contractual requirements to keep all personal information they process strictly confidential and to use such information solely on behalf of Bluebook International.
• Also, Bluebook International may disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law; (b) comply with the order of a competent judicial authority in any jurisdiction; (c) comply with legal process served on Bluebook International; (d) protect and defend the rights or property of Bluebook International ; or (e) act in urgent circumstances to protect the personal safety of users of Bluebook International products or the public at large.
OBLIGATORY OR OPTIONAL NATURE OF THE INFORMATION COLLECTED Some of the personal information collected by Bluebook International is necessary to provide you with the Bluebook International product or service you choose.
E-MAIL FROM BLUEBOOK INTERNATIONAL
• Registering for a product or service allows you to tell us how or whether you want Bluebook International to communicate with you.
• Generally, we send e-mails to you about our products, content and special offers. Separate Bluebook International products, services and lines of business may send separate newsletters and marketing emails.
• During registration, you may opt out of receiving Bluebook International marketing e-mails and/or newsletters for the relevant product or service. Additionally, your online Bluebook International account, accessed through the "My Account" link and through other links provided in emails and on Bluebook International Web pages, enables you to select whether you wish to receive newsletters, marketing and promotional emails, special offers and the like from various Bluebook International business lines and/or partners.
• However, we may continue to send you e-mails about products or services you have previously purchased (such as an available upgrade that you are entitled to receive), your account status or other information concerning functions, features and status of your Bluebook International products and services, or to inform you about critical technical service issues relating to a Bluebook International product or service.
• Bluebook will only disclose your personally identifiable information to third parties if acting under a good faith belief that such action is necessary (1) to conform to legal requirements; (2) to protect and defend the rights or property of Bluebook; (3) to enforce our Terms and Conditions of Use or any license agreement between you and Bluebook; or (4) in the event of a merger, acquisition or sale of all or substantially all Bluebook’s assets relating to the business in connection with which the information was collected. We may share aggregated information that has been scrubbed so that it does not identify a specific person.
• We may share your information internally among all of our services in order to provide you with a seamless experience and to improve the quality of our services. We may store and process personal information collected on our website in the United States or any other country in which Bluebook or its agents maintain facilities.
HOW TO ACCESS AND UPDATE YOUR PERSONAL INFORMATION
• To access your account information and preferences, select the "Sign in" Button and then select "My Account" from the menu, Sign into your account and modify your information and preferences as needed.
• You may also review and update your account online. When you access your account by logging in, you can update and/or make sure that your account information is accurate. You can also manage your preferences concerning receipt of newsletters and promotional emails.
• If you have forgotten your password, select "forgot password" and an email will be sent to that email that is current in Bluebook International's database.
• You may also call customer service at (949) 470-9534 or email email@example.com
SECURITY OF PERSONAL AND PAYMENT INFORMATION
• Links: Bluebook's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites.
• Confidentiality and Security: We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. We restrict access to your personally identifying information to employees who need to know that information in order to operate, develop or improve our products and services. We maintain all personally identifiable information on a secure server behind a firewall and IDS system. We also use encryption technology when appropriate.
• Bluebook and its third-party vendors use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as Google advertising cookies) or other third-party identifiers together. Click here to opt out of Google Analytics Advertising features.
• Bluebook International does not require that you accept cookies, however, some functionality on our Websites, our product purchase check-out process, and products and services may be disabled if you decline to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it.
Last revised April 9, 2018
• 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 may not publish or syndicate Bluebook’s reports, database, or data to any website or other mass distribution channel without Bluebook’s written approval.
• 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.
• Any license, subscription, or sponsorship is non-refundable; this includes, but is not limited to, any bluehammer.com package.
• Bluebook shall set a limit on the number of edits allowed per record, either by number or within a time period. Bluebook has the right to change the limitation at any time, without direct notice, but as reflected in these Terms. The current limits are 10 edits and/or 15 days, whichever comes first.
• 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:
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.
Force Majeure 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.
Assignments 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.
Severability If a provision of this Agreement is rendered invalid, the remaining provisions shall remain in full force and effect.
Indemnity 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.
Headings Section titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions.
Restrictions You must be 18 years or older 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.
Waiver 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.
Fraud 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, 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.
Accounts 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.
Export 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:
1. 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.
2. Identification of the copyrighted work or works claimed to have been infringed.
3. 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.
4. 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.
5. 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.
o Designated Agent for Notification of Claimed Copyright Infringement: Legal Department; Bluebook International, Inc. 25910 Acero Road, Suite 370 Mission Viejo, CA 92691; 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: April 9, 2018
Please Read and Confirm your acceptance of the terms and conditions of this Agreement.
This Agreement sets forth the conditions for use of any and all Bluebook provided data, databases, information, forms, results, values, software, websites, and reports (whether in part or whole) (“Products”). This Agreement may limit your rights. Please review it carefully.
DISCLAIMER: This valuation report may be based on, contain, or be used to generate reports and/or financial, statistical, or models, and other associated analytics and opinions. Each of these is an opinion or estimate derived in whole or in part from the use of automated valuation technologies, public record data, economic and other data, and other predictive technologies to provide an estimate of the “probable” values. All Products and all analytics, data, or information provided herein or generated using the data entered represent an opinion that may be inaccurate and is provided solely as an informational tool, not designed to provide definitive answer. Please consult with appropriate financial, tax, legal, construction, and/or real estate professionals/advisors before acting on or relying on the Products. Bluebook Products and reports do not constitute an on-site, visual, contractor, or forensic estimate.
AUTOMATIC PAYMENTS, TRIAL PERIODS: We automatically bill your Payment Method on the calendar day corresponding to commencement of your subscription. For subscribers whose subscription starts with a free trial, billing will commence upon the expiration of the free trial. The interval of time between each payment due date shall correspond to the term of your subscription and be referred to as a "Billing Period." In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you have a monthly subscription and became a paying subscriber on January 31, your Payment Method would next be billed on February 28. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including for example due to free trials and other promotional offers, gift card redemptions, credits applied, changes in your subscription, changes in your Payment Method, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. Ongoing Subscription and Cancellation. Your subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before your next renewal date in order to avoid the next billing. We will bill the periodic subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current Billing Period - this means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. You will also forfeit any service or referral credits upon cancellation. You can cancel your subscription by logging into your account and following the instructions on your account page on the website. Once your free trial period ends, we will begin billing your Payment Method for your periodic subscription fees (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer. For existing subscribers who accept a free trial to a service, at the end of the free trial, you may be charged a prorated amount for the service to cover the period between the date the free trial ends and your next Billing Period begins. It is very important to understand that you will not receive notification that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Pacific Time on the last day of your free trial period. You may cancel your subscription at any time. We will continue to bill your Payment Method for your subscription on a recurring basis corresponding to the term of your subscription until you cancel or the account or applicable Service is otherwise suspended or discontinued pursuant to these Terms. If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation may be effective immediately.
REFUNDS: Bluebook does not accept returns. Bluebook provides a trial period consisting of one estimate/calculation of the Product. You must evaluate the Product and determine its suitability for your intended use during the evaluation period. Bluebook provides technical support during the evaluation period to assist you in your evaluation of the Product. Your purchase of a license confirms that you have taken the opportunity to complete your evaluation and determine that it is suitable for your use.
EXPIRATION OF CREDITS: All transaction credits expire one year from the date of purchase.
LIMITATIONS: None of the Products, including but not limited to, any outputs, data, reports, information, or results may be re-sold, remarketed, published, or incorporated into other products or services in any form or manner whatsoever without prior written permission from Bluebook. You shall not use Bluebook Products outside the United States.
LIMITED WARRANTY AND LIMITATION OF LIABILITY: Bluebook has made every reasonable effort to compile, aggregate, and develop a quality Product, however, these Products are provided on an "as is," basis. Bluebook does not assure or warrant the correctness, comprehensiveness, or completeness of the Product or any information. You agree and acknowledge that Bluebook will not be liable for any loss or injury as a result of the use of Bluebook Products. Bluebook shall not be responsible for inability to access its Products for any reason, including the website or web services used in their performance of this Agreement being down for any reason. In no event shall Bluebook's entire liability for any claim or Related Claims exceed the total amount actually paid to Bluebook during the twelve months preceding any claim. “Related Claims” mean all claims based on, arising out of, directly or indirectly resulting from, in consequence of, or in any way involving the same the same or related facts, circumstances, situations, transactions or events, whether related logically, causally, or in any other way. EXCEPT AS EXPLICITLY PROVIDED FOR BELOW, BLUEBOOK INTERNATIONAL, INC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, AND GUARANTEES OF ANY NATURE, EXPRESS OR IMPLIED, 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, PUNITIVE, 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 assumes no responsibility for errors or omissions in the information of software or other documents which are referenced or linked by the Products. 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. These terms may be modified by a separate, written agreement between you and Bluebook.
UPDATES: Bluebook regularly updates the Products, including data and formulae, however Bluebook makes no commitment to update its Products. While Bluebook endeavors to provide up to date information, the content and Products may be out of date and include omissions, inaccuracies, and other errors. Bluebook does not convenant that the Products will be error free or free of viruses or harmful components, or that communications between you and Bluebook will not be viewed, obtained, or interfered with by third parties.
INDEMNITY: By using any one of the Products, you agree to indemnify and hold Bluebook, its subsidiaries, affiliates, officers, employees, and agents harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party arising out of your use of Bluebook Products. 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.
MODIFICATION OF BLUEBOOK VALUES OR ENTRY OF YOUR OWN VALUES: Bluebook Products may allow you to modify or change values in order to customize your experience and results. Bluebook is not responsible for any data you input into our systems, and is not responsible for any modifications you make to Bluebook values. You agree to hold Bluebook harmless, as described in the section above, for any values or data you modify or change.
NO UNLAWFUL PURPOSE: As a condition of your use, you will not use the Products for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Products 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 Products. You may not attempt to gain unauthorized access to any Products, 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 use authorized and permissible use of the Products.
COPYRIGHT / OWNERSHIP: All information contained herein, from any Product, is and remains the copyright of Bluebook. Bluebook’s Proprietary Information is and shall remain the sole and exclusive property of Bluebook. Licensee shall have only the limited rights with respect to the Proprietary Information expressly granted by this or other written Agreement. All rights not expressly granted are expressly reserved by Bluebook. The parties agree that only Bluebook shall have the right to alter, maintain, enhance or otherwise modify its Products. You may not modify, reverse engineer, decompile, disassemble, manipulate, or create other works from any Proprietary Information and shall take all necessary steps to prevent such disassembly, decompiling, manipulation or reverse engineering of the Proprietary Information. Under no circumstances shall you sell, license, publish, display, copy, distribute, or otherwise make available Proprietary Information, in any form or by any means, except as expressly permitted by this Agreement. You agree that Bluebook Products may be subject to copyright, trademark, and patent protections. All data entered into Bluebook’s systems become the property of Bluebook.
NO ENDORSEMENT: Bluebook’s Products facilitate communication between construction professionals, construction firms, inspectors, real estate professionals, and related vendors (“Contractors”) and potential users of construction services to exchange information with the goal of eventually forming a professional relationship. However, Bluebook does not guarantee that users or Contractors will successfully form a professional relationship. Bluebook does not involve itself in the agreements between users and Contractors. Therefore, we cannot ensure the completion of the agreement or the integrity of either party. The user and/or Contractor, and not Bluebook, are solely responsible for assessing the integrity, honesty, and trustworthiness of all persons with whom they communicate. Providing Products does not imply an endorsement of any Contractor. Bluebook makes no representation, guarantee, or warranty (express or implied) as to the ability, competence, or quality of any Contractor which may submit bids and/or are listed through Bluebook Products.
APPLICABLE LAW: All matters relating to this Agreement shall be governed by the laws of the State of California applicable to agreements executed and to be performed solely within California, without regard to any conflict of laws principles. The Parties submit to the jurisdiction of, and waive any venue objections against, the United States District Court for the Central District of California, Orange County Branch and the Superior Court of the State of California, Orange County. To the extent permitted by applicable law, each of the parties agrees that it shall not seek a jury trial in any proceeding based upon, arising out of, or otherwise related to this Agreement or Bluebook Products. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The prevailing party shall be awarded its reasonable attorneys’ fees and costs in any lawsuit arising out of or related to this Agreement.
Modified April 9, 2018