The BLUE LOBSTER MARKETING Web Site is comprised of http://www.BlueLobsterMarketing.com, and their constituent web pages andvarious other web sites, URLs and Web pages operated by BLUE LOBSTER MARKETING.
The BLUE LOBSTER MARKETING Web Site, and anyother publications in printed or digital form, and the Products and Servicesfrom time to time offered by BLUE LOBSTER MARKETING (as defined below) areoffered to you conditioned on your acceptance without modification of theterms, conditions, and notices contained herein. Your use of the BLUE LOBSTERMARKETING Web Site and any such Products and Services constitutes youragreement to all such terms, conditions, and notices.
From time to time, BLUE LOBSTER MARKETING mayoffer programs and content that are generally offered as monthly subscriptionservices. Under that agreement, Subscribers to the Products and Services andECSI’s web based programs, products, services and programs and users of the BLUELOBSTER MARKETING Web Site shall all pay a monthly subscription fee. Themonthly subscription fee will be based on the product or service andestablished from time to time on the BLUE LOBSTER MARKETING Web Site. From timeto time, BLUE LOBSTER MARKETING may offer subscribers and users the right tosubscribe to a program, product or service for a period of longer than onemonth, often at a discounted rate (The “Periodic Rate”). Each user agrees topay to BLUE LOBSTER MARKETING a monthly subscription fee or an agreed uponPeriodic Rate, in advance, via Pay Pal, credit card or other method from timeto time established by BLUE LOBSTER MARKETING , for each month’s or otherperiodic use of the product, service or program selected and/or access to the BLUELOBSTER MARKETING Web Site. Each user authorizes BLUE LOBSTER MARKETING toautomatically debit the payment source or mechanism associated with his or herregistered account for each monthly subscription fee or the Periodic Rateagreed upon by them. Monthly subscription fees and Periodic Rates are notrefundable for any reason, except as expressly provided from time to time onthe BLUE LOBSTER MARKETING Web Site, under BLUE LOBSTER MARKETING ‘s thenapplicable and published termination, refund and cancellation policies.Automatic debits shall continue unless the user terminates the subscription inaccordance with the terms and conditions for proper cancellation, or notifiesvia email to Blue Lobster Marketing Customer Support and otherwisecomplies with the then published policy for refunds or cancellations.
Commencing in January, 2017, BLUE LOBSTERMARKETING will offer a number of products, programs and services developed andprovided by third party providers, including certain web based software applicationsand content, downloadable software, text message, cellular, and telephonyproducts others types of products and services (The “Third Party Tools”). TheThird Party Tools may be offered as part of a “bundle” of products and serviceswhich include access to the BLUE LOBSTER MARKETING Web Site, or as stand-aloneproducts or services. While the Third Party Tools may feature brand or tradenames associated with BLUE LOBSTER MARKETING and its brand and tradenames and BLUELOBSTER MARKETING may provide certain customer support services for them, theyare not products or services developed by BLUE LOBSTER MARKETING. The ThirdParty Tools offered by BLUE LOBSTER MARKETING may at any time change or berevised and any specific Third Party Tools may cease to be offered or supportedby BLUE LOBSTER MARKETING at any time, without notice. BLUE LOBSTER MARKETINGmay also from time to time provide access to new or different Third PartyTools. The availability, functionality, usability of utility of any of theThird Party Tools are not warranted, represented or in any way assured by BLUELOBSTER MARKETING. BLUE LOBSTER MARKETING makes no representations orwarranties regarding the Third Party Tools and disclaims all liability fortheir use, implementation or availability.
BLUE LOBSTER MARKETING may from time to timeestablish special promotional thirty day “trial offers”, in its discretion, onsuch terms and conditions as may be posted on the BLUE LOBSTER MARKETING WebSite. BLUE LOBSTER MARKETING may provide access to or use of thirty daypromotional or trial offers using promotion codes, coupons, credits or othermechanisms, in its sole discretion. Promotional or trial offers may be modifiedor terminated at any time, in BLUE LOBSTER MARKETING ’s discretion, and will inany case be limited to one offer per user. At the end of any thirty daypromotional or trial offer, the user’s credit card or Pay Pal account willautomatically be debited for each subsequent monthly subscription period, andsuch automatic debits shall continue unless the user terminates thesubscription during the thirty day trial period, in accordance with the termsand conditions for termination on the BLUE LOBSTER MARKETING Web Site.Promotional or trial subscriptions provide the user to access to limitedportions of the BLUE LOBSTER MARKETING Web site. The entire BLUE LOBSTERMARKETING Web site will be made available only to users paying the completemonthly subscription fee for a given month.
From time to time, BLUE LOBSTER MARKETING mayprovide its members with access to offers or promotions made available by orfrom third parties. If a BLUE LOBSTER MARKETING member provides an e mailaddress or other information to such a third party, BLUE LOBSTER MARKETING willnot be responsible for the use of the information so provided.
LINKS TO THIRD PARTY SITES
The BLUE LOBSTER MARKETING Web Site may containlinks to other Web Sites (“Linked Sites”). The Linked Sites are not under thecontrol of BLUE LOBSTER MARKETING and BLUE LOBSTER MARKETING is not responsiblefor the contents of any Linked Site, including without limitation any linkcontained in a Linked Site, or any changes or updates to a Linked Site. BLUELOBSTER MARKETING is not responsible for webcasting or any other form oftransmission received from any Linked Site. BLUE LOBSTER MARKETING is providingthese links to you only as a convenience, and the inclusion of any link doesnot imply endorsement by BLUE LOBSTER MARKETING of the site or any associationwith its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the BLUE LOBSTERMARKETING Web Site, you warrant to BLUE LOBSTER MARKETING that you will not usethe BLUE LOBSTER MARKETING Web Site for any purpose that is unlawful orprohibited by these terms, conditions, and notices. You may not use the BLUELOBSTER MARKETING Web Site in any manner which could damage, disable,overburden, or impair the BLUE LOBSTER MARKETING Web Site or interfere with anyother party’s use and enjoyment of the BLUE LOBSTER MARKETING Web Site. You maynot obtain or attempt to obtain any materials or information through any meansnot intentionally made available or provided for through the BLUE LOBSTERMARKETING Web Sites.
USE OF COMMUNICATION SERVICES
The BLUE LOBSTER MARKETING WebSite may contain bulletin board services, blogs, chat areas, news groups,forums, communities, personal web pages, calendars, and/or other messageor communication facilities designed to enable you to communicate with thepublic at large or with a group (collectively, “Communication Services”).You agree to use the Communication Services only to post, send and receivemessages and material that are proper and related to the particularCommunication Service. By way of example, and not as a limitation, youagree that when using a Communication Service, you will not:Defame, abuse, harass, stalk,threaten or otherwise violate the legal rights (such as rights of privacyand publicity) of others.Publish, post, upload,distribute or disseminate any inappropriate, profane, defamatory,infringing, obscene, indecent or unlawful topic, name, material orinformation.Upload files that containsoftware or other material protected by intellectual property laws (or byrights of privacy of publicity) unless you own or control the rightsthereto or have received all necessary consents.Upload files that containviruses, corrupted files, or any other similar software or programs thatmay damage the operation of another’s computer.Advertise or offer to sell orbuy any goods or services for any business purpose, unless suchCommunication Service specifically allows such messages.Conduct or forward surveys,contests, pyramid schemes or chain letters.Download any file posted byanother user of a Communication Service that you know, or reasonablyshould know, cannot be legally distributed in such manner.Falsify or delete any authorattributions, legal or other proper notices or proprietary designations orlabels of the origin or source of software or other material contained ina file that is uploaded.Restrict or inhibit any otheruser from using and enjoying the Communication Services.Violate any code of conduct orother guidelines which may be applicable for any particular CommunicationService.Harvest or otherwise collectinformation about others, including e-mail addresses, without theirconsent.Violate any applicable laws orregulations.
BLUE LOBSTER MARKETING has no obligation tomonitor the Communication Services. However, BLUE LOBSTER MARKETING reservesthe right to review materials posted to a Communication Service and to removeany materials in its sole discretion. BLUE LOBSTER MARKETING reserves the rightto terminate your access to any or all of the Communication Services at anytime without notice for any reason whatsoever.
BLUE LOBSTER MARKETING reserves the right at alltimes to disclose any information as necessary to satisfy any applicable law,regulation, legal process or governmental request, or to edit, refuse to postor to remove any information or materials, in whole or in part, in ECSI’s solediscretion.
Always use caution when giving out anypersonally identifying information about yourself or your children in anyCommunication Service. BLUE LOBSTER MARKETING does not control or endorse thecontent, messages or information found in any Communication Service and,therefore, BLUE LOBSTER MARKETING specifically disclaims any liability withregard to the Communication Services and any actions resulting from yourparticipation in any Communication Service. Managers and hosts are notauthorized BLUE LOBSTER MARKETING spokespersons, and their views do notnecessarily reflect those of BLUE LOBSTER MARKETING.
Materials uploaded to a Communication Servicemay be subject to posted limitations on usage, reproduction and/or dissemination.You are responsible for adhering to such limitations if you download thematerials.
MATERIALS PROVIDED TO BLUE LOBSTER MARKETING ORPOSTED AT ANY BLUE LOBSTER MARKETING WEB SITE
BLUE LOBSTER MARKETING does not claim ownershipof the materials you provide to BLUE LOBSTER MARKETING (including feedback andsuggestions) or post, upload, input or submit to any BLUE LOBSTER MARKETING WebSite or its associated services (collectively “Submissions”). However, byposting, uploading, inputting, providing or submitting your Submission you aregranting BLUE LOBSTER MARKETING , its affiliated companies, licensees andsub-licensees permission to use your Submission in connection with theoperation of their Internet businesses including, without limitation, therights to: copy, distribute, transmit, publicly display, publicly perform,reproduce, edit, translate and reformat your Submission; and to publish yourname in connection with your Submission.
No compensation will be paid with respect to theuse of your Submission, as provided herein. BLUE LOBSTER MARKETING is under noobligation to post or use any Submission you may provide and may remove anySubmission at any time in BLUE LOBSTER MARKETING ‘s sole discretion.
By posting, uploading, inputting, providing orsubmitting your Submission you warrant and represent that you own or otherwisecontrol all of the rights to your Submission as described in this sectionincluding, without limitation, all the rights necessary for you to provide,post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, ANDSERVICES INCLUDED IN OR AVAILABLE THROUGH BLUE LOBSTER MARKETING, INCLUDING ANYPUBLICATION IN PRINTED OR DIGITAL FORM, ANY THIRD PARTY TOOLS AND THE BLUELOBSTER MARKETING WEB SITE (COLLECTIVELY “the “PRODUCTS AND SERVICES”), MAYINCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, “BUGS”, FLAWS, FUNCTIONALPROBLEMS, ERRORS OR MISTAKES. DELETIONS, CHANGES AND REVISIONS ARE PERIODICALLYMADE TO THE PRODUCTS AND SERVICES. BLUE LOBSTER MARKETING AND/OR ITS SUPPLIERSMAY MAKE DELETIONS, MODIFICATIONS, CHANGES OR IMPROVEMENTS IN THE PRODUCTS ANDSERVICES AT ANY TIME, WITHOUT NOTICE. ADVICE RECEIVED VIA THE PRODUCTS ANDSERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIALDECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFICADVICE TAILORED TO YOUR SITUATION.
BLUE LOBSTER MARKETING AND ITS AGENTS,EMPLOYEES, OFFICERS, OWNERS, MEMBERS, SUCCESSORS, ASSIGNS AND SUPPLIERS MAKE NOREPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATEDGRAPHICS CONTAINED IN THE PRODUCTS AND SERVICES, INCLUDUING THE BLUE LOBSTERMARKETING WEB SITE AND THIRD PARTY TOOLS, FOR ANY PURPOSE WHATSOEVER. ALLPRODUCTS AND SERVICES AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICESAND RELATED GRAPHICS ARE PROVIDED “AS IS, WHERE IS”, WITHOUT WARRANTY ORCONDITION OF ANY KIND. BLUE LOBSTER MARKETING AND/OR ITS SUPPLIERS HEREBYDISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE PRODUCTS AND SERVICESAND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FORA PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT: Service@BlueLobsterMarketing.com
If any part of this agreement is determined tobe invalid or unenforceable pursuant to applicable law including, but notlimited to, the warranty disclaimers and liability limitations set forth above,then the invalid or unenforceable provision will be deemed superseded by avalid, enforceable provision that most closely matches the intent of theoriginal provision and the remainder of the agreement shall continue in effect.Unless otherwise specified herein, this agreement constitutes the entireagreement between the user and BLUE LOBSTER MARKETING with respect to theProducts and Services and the BLUE LOBSTER MARKETING Web Site and it supersedesall prior or contemporaneous communications and proposals, whether electronic,oral or written, between the user and BLUE LOBSTER MARKETING with respect tothe BLUE LOBSTER MARKETING Web Site. A printed version of this agreement and ofany notice given in electronic form shall be admissible in judicial oradministrative proceedings based upon or relating to this agreement to the sameextent and subject to the same conditions as other business documents andrecords originally generated and maintained in printed form. It is the expresswish to the parties that this agreement and all related documents are drawn upin English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the BLUE LOBSTER MARKETING WebSite are: Copyright © 2017 BLUE LOBSTER MARKETING and/or its suppliers. Allrights reserved.
The names of actual companies and productsmentioned herein may be the trademarks of their respective owners. The examplecompanies, organizations, products, people and events depicted herein arefictitious. No association with any real company, organization, product,person, or event is intended or should be inferred.
Any rights not expressly granted herein arereserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OFCOPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code,Section 512(c)(2), notifications of claimed copyright infringement under UnitedStates copyright law should be sent to Service Provider’s DesignatedAgent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILLRECEIVE NO RESPONSE. See Notice and Procedure for Making Claims ofCopyright Infringement.
LIMITATION ON USE OF INFORMATION
You agree to use content or information obtainedfrom the Products and Services and ECSI’s Web Site only for your own privateuse or the internal purposes of your home or business, provided that is not theselling or brokering of information, and you will in no event cause or permit tobe published, printed, downloaded, transmitted, distributed, reengineered, orreproduced in any form any part of such content or information (whetherdirectly or in condensed, selective or tabulated form), whether for resale,republishing, posting on a web site, redistribution, viewing, or otherwise.
Nevertheless, you may on an occasional limitedbasis download or print out individual pages of information that have beenindividually selected, to meet a specific, identifiable need for informationwhich is for your personal use only, on a confidential basis. You may make suchlimited number of duplicates of any output, both in machine-readable or hardcopy form, as may be reasonable for this purpose only. Nothing herein shallauthorize you to create any database, digital copy, directory or hard copypublication of or from such content or information, whether for internal orexternal distribution or use.
CONFIDENTIALITY OF CODES, PASSWORDS ANDINFORMATION
You agree to treat as strictly private andconfidential any Subscriber Code, username, user ID, or password which you mayhave received from BLUE LOBSTER MARKETING, and all information to which youhave access through password-protected areas of BLUE LOBSTER MARKETING ‘sWebsite and will not cause or permit any such information to be communicated,copied or otherwise divulged to any other person whatsoever.