Get StartedBluePhone Terms of Service
THIS AGREEMENT STATES IMPORTANT REQUIREMENTS REGARDING YOUR USE OF BLUEPHONE'S TECHNICAL SUPPORT SERVICE AND YOUR RELATIONSHIP WITH BLUEPHONE. YOU SHOULD READ IT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION AND INSTRUCTIONS PERTAINING TO YOUR AND OUR RIGHTS AND OBLIGATIONS FOR THE SERVICE.
1. General.
BluePhone provides technical support and related services (the "Service") for computers and associated devices over the phone, by a remote connection to your computer and through other means of communication. You can request or purchase the Service from a BluePhone website, over the phone or through other means that BluePhone may make available to you. These terms apply to the Services, BluePhone websites and remote connection, phone and other communications you may have with BluePhone.
By requesting, purchasing, using the Services, accessing BluePhone websites or communicating with BluePhone by phone or otherwise, you signify your agreement to (1) these terms and conditions (the "Agreement"), and (2) BluePhone's Privacy Policy, found at http://www.bluephone.com/About-Us/Privacy-Policy.aspx and which is incorporated herein by this reference; and BluePhone's Terms of Purchase, found at http://www.bluephone.com/About-us/Terms-of-Purchase.aspx and which are incorporated herein by this reference. If you do not agree to any of these terms or BluePhone's Privacy Policy or Terms of Purchase, please do not request, purchase or use the Services or access a BluePhone website.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Agreement, and to abide by and comply with the Agreement. In any case, you affirm that you are over the age of 13, as the Service and the BluePhone websites are not intended for children under 13. If you are under 13 years of age, then please do not use the Service or the BluePhone website.
2. The Services.
2.1. How The Services Are Rendered.
(a) Remote Services.
If your computer meets the minimum requirements and you have a high-speed internet connection, BluePhone may provide the Services via a remote connection to your computer. If you elect to receive the Services via a remote connection, you may need to install software on your computer and you authorize BluePhone to remotely connect to your computer. If you refuse to install the additional software, BluePhone reserves the right to refuse to perform the Services.
(b) Phone And Chat Services.
BluePhone may provide the Services over the phone or by chat if you do not elect to receive the Services via a remote connection or if your computer does not meet the minimum requirements for a remote connection.
2.2. BluePhone Software.
(a) Available Software.
For your convenience, BluePhone may make available to you via download, CD, other media or other delivery method, certain software which is owned by BluePhone or its third party licensors, providers and suppliers, and which may be provided free or for a fee, including client and/or network security software ("Software"). BluePhone as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of or for use with the Service and for no other purpose.
(b) Software EULA General
The Software may be accompanied by an end user license agreement from BluePhone or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement.
(c) BluePhone Software EULA
With regard to any Software made available to you by BluePhone for which your acceptance of a separate license agreement is not required ("BluePhone Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by BluePhone to use the BluePhone Software (and any corrections, updates and upgrades). You agree not to make any copies of the BluePhone Software. You agree that the BluePhone Software is the confidential and proprietary information of BluePhone or its third party licensors, providers or suppliers, and you shall not disclose it to others or use it except as expressly permitted herein. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the BluePhone Software, or otherwise reduce the BluePhone Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the BluePhone Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the BluePhone Software. You acknowledge that this license is not a sale of intellectual property and that BluePhone or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret and moral rights, to the BluePhone Software and related documentation, as well as any corrections, updates and upgrades. The BluePhone Software may be used in the United States only, and any export of the BluePhone Software is strictly prohibited.
2.3. Third Party Software And Services
(a) Third Party Software.
BluePhone may recommend or require that you purchase or acquire a license for a software product not owned by BluePhone or its licensors. As part of the Service, BluePhone may provide you with the opportunity to purchase or acquire a license for such third party software either from BluePhone directly or from a third party. You may be required to agree to additional terms in an end user license agreement or similar agreement between you and a third party to use such third party software. BluePhone does not make any representation or warranty about such third party software. If the Service includes support for third party software, you must ensure that you comply with the applicable terms for such third party software. Violation of such terms may, in BluePhone's sole discretion, be grounds for termination of your account and the Service you purchased.
(b) Third Party Services.
BluePhone may recommend or require that you acquire a right to use a service not owned by BluePhone or its licensors. As part of the Service, BluePhone may provide you with the opportunity to acquire a right to use such third party service either from BluePhone directly or from a third party. You may be required to agree to additional terms in a terms of use or similar agreement between you and a third party to use such third party service. BluePhone does not make any representation or warranty about such third party service. If the Service includes support for third party services, you must ensure that you comply with the applicable terms for such third party service. Violation of such terms may, in BluePhone's sole discretion, be grounds for termination of your account and the Service.
2.4. Backup.
Before you use the Services, you agree to back-up your computer and related devices. BluePhone will not be responsible for loss or corruption of data, software, files or other information.
2.5. Service Limitations; Liability Limitations.
To the extent permitted by law, you agree that BluePhone's total liability for the Services and BluePhone websites will not exceed the amount you paid for the Services and BluePhone will not be liable for indirect, incidental, special or consequential damages. BluePhone does not guarantee the availability of the Services. BLUEPHONE IS NOT LIABLE FOR LOSS, ALTERATION, OR CORRUPTION OF ANY DATA OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT OR OTHER PRODUCT.
2.6. Force Majeure.
If BluePhone's ability to perform the Services is impaired by you or circumstances beyond the control of BluePhone, BluePhone may choose not to provide all or part of the Services. Further, if BluePhone is receiving a high volume of support requests or similar circumstances exist that restrict BluePhone's ability to perform the Services when requested, you acknowledge that the Services may be delayed.
2.7. Uses Of The Service.
(a) Subscription Services.
If you purchase the Service as a subscription for a specific number of computers, you may only request and will only receive the Service in connection with those computers listed in your account or on file with BluePhone during your subscription period. For example, if you purchase a one year subscription to the Service for three computers, for one year from your purchase date you may use the Service, but only for the three computers listed in your account or on file with BluePhone.
(b) Per Incident Services.
If you purchase the Service for a specific support incident, you may only request and will only receive the Service for the specific support incident indicated in your purchase. For example, if you purchase the Service to remove spyware on your computer, you may request the Service, but only for removal of spyware on one computer.
(c) Prohibited Uses.
You may not resell the Services or use the Services for high volume or similar purposes, as determined by BluePhone in its sole discretion.
(d) Additional Fees.
If, in BluePhone's reasonable discretion, the Service requested or performed is outside the scope of the Service you purchased, BluePhone reserves the right to charge an additional fee to perform the requested Service or refuse to perform such requested Services.
(e) Quality Assurance.
BluePhone may record remote computer sessions, phone calls, chats and other communications with BluePhone to ensure customer service and quality control.
(f) Account, Password And Security.
During the purchase process, you must provide BluePhone with current, complete and accurate information as prompted by and required under the applicable registration form. You also may be prompted to choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify BluePhone immediately of any unauthorized use of your account or any other breach of security. BluePhone 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 BluePhone 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.
3. Payment.
The price of a particular Service is provided to you at the time of purchase. If the Service you purchase is for a single support incident, the price for the Service is only for that single support incident. If the Service you purchase is a subscription (e.g., monthly, quarterly or yearly subscription), the price for the Service is only for the subscription term specified at the time of checkout. To continue the Service after the end of the subscription term, you must purchase another subscription to the Service. If, for any reason, you are not satisfied with the Service, you may cancel the Service. For information about refunds, please review the Terms of Purchase.
4. Term; Termination.
This Agreement is effective upon your acceptance of it as specified in Section 1 and will continue until terminated by BluePhone or you, as provided in this Agreement. BluePhone, in its sole discretion, may refuse to accept your request for Service or renewal of your subscription.
5. How The Agreement Can Be Modified.
BluePhone may revise these terms at any time by posting an update to this page. You should visit this page periodically, because your continued use of the Service or a BluePhone website following the posting of changes to this Agreement will mean you accept those changes. For your convenience, the version number or date of this Agreement will be posted at the bottom of this page.
6. WARRANTIES AND LIMITATION OF LIABILITY
6.1.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS SET FORTH IN THIS AGREEMENT, BLUEPHONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT, SUBSIDIARIES, AFFILIATES, THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY BLUEPHONE OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF THE SERVICE IS AT YOUR OWN RISK AND IS NOT WARRANTED.
6.2.
BLUEPHONE DOES NOT WARRANT THAT THE SERVICE WILL BE PERFORMED AT A PARTICULAR SPEED, BANDWIDTH, DATA THROUGHPUT RATE OR WITHIN A PARTICULAR AMOUNT OF TIME OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE OF VIRUSES, WORMS OR THE LIKE. BLUEPHONE SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, YOUR INABILITY TO USE YOUR COMPUTER OR ASSOCIATED DEVICES OR IF THE SAME FAIL TO OPERATE PROPERLY OR THEIR PERFORMANCE IS OTHERWISE AFFECTED. BLUEPHONE MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE OR THE INTERNET. BLUEPHONE MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE OR ANY LINKS DISPLAYED ON BLUEPHONE WEBSITES. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE AND THE INTERNET GENERALLY. DO NOT USE THE SERVICE IN ANY HAZARDOUS OR HIGH RISK ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS, OR ANY OTHER USE WHERE A MALFUNCTION COULD CAUSE PROPERTY DAMAGE, PERSONAL INJURY OR DAMAGE TO BUSINESS, AND BLUEPHONE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
6.3.
IN NO EVENT SHALL BLUEPHONE (OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE OR BLUEPHONE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF BLUEPHONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
6.4.
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 6 ALSO APPLY TO BLUEPHONE'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
6.5.
ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH BLUEPHONE (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), BLUEPHONE'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE.
6.6.
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW OR LIMIT THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, OUR EXCLUSIONS OR LIMITATIONS APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
6.7.
BLUEPHONE RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE OR BLUEPHONE WEBSITES OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE OR BLUEPHONE WEBSITES).
7. Miscellaneous.
(a)
BluePhone refers to technical support and related services offered by Xeriton Corporation. Xeriton Corporation owns and operates the BluePhone websites. BluePhone is a trademark of Xeriton Corporation. All references to BluePhone are references to Xeriton Corporation. Xeriton Corporation may use a third party to perform the Services under the BluePhone brand.
(b)
If for any reason any provision of this Agreement is held to be invalid or unenforceable to any extent, then (i) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; (ii) such provision will remain in effect to the extent that it is not invalid or unenforceable; and (iii) such invalidity or unenforceability will not affect any other provision of this Agreement.
(c)
This Agreement is not assignable, transferable or sublicensable by you except with BluePhone's prior written consent. BluePhone may transfer, assign or delegate this Agreement and its rights and obligations without consent.
(d)
If you provide feedback to BluePhone, you authorize BluePhone and its affiliates to use such feedback without restriction and without payment to you. You also grant BluePhone and its affiliates the right to use your name in connection with such feedback.
(e)
This Agreement shall be governed by and construed according to applicable federal laws of the United States and the laws of the state of Washington, without regard to its choice of law provisions. Any claim or dispute between you and BluePhone that arises in whole or in part from the Service or BluePhone websites shall be decided exclusively by a court of competent jurisdiction located in King County, Washington.
Last updated June 1, 2009