BlueToad Terms of Use Agreement

      This Terms of Use Agreement (Agreement) governs your use of the BlueToad Service. By using the BlueToad website and the services offered herein, you indicate your acceptance to be bound by this Terms of Use.

Definitions

      The BlueToad Service or the Service is the on-line service operated by BlueToad, Inc. (BlueToad or We) that provides you with the capability to read online electronic versions of publications. The BlueToad Website is located at www.bluetoad.com. You means a customer of the BlueToad Service (to the exclusion of business users) and/or visitor of the BlueToad Website. Account means your BlueToad Service account, including user name and password information.

1.  Registration and Security

      When you register, you choose a password and provide your email and other information. You're responsible for providing accurate registration information and for updating it as required.   BlueToad reserves the right to change or revoke your user name as it deems necessary.  You are responsible for maintaining the confidentiality of your password. Our current Privacy Policy is available at www.bluetoad.com.

2. User Responsibilities

      You may only use the BlueToad Service (a) for lawful purposes, (b) in accordance with this Agreement, any operating rules established by BlueToadme']?>, and any other agreements between you and BlueToad. You may not restrict or inhibit any other person from using or enjoying the BlueToad Service. You will not use the BlueToad Service in jurisdictions where prohibited by applicable law.

      The BlueToad Service is provided for personal use only.

3. Changes to the BlueToad Service and Pricing

      BlueToad may, at any time, change or discontinue any aspect or feature of the BlueToad Service, including content, subscription plans and features, pricing, hours of availability, equipment or the software needed for access or use. BlueToad may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

4. Intellectual Property

      The BlueToad Service contains copyrighted material, trademarks and other proprietary information. Without limiting the scope of BlueToad's intellectual property rights, you acknowledge that BlueToad and/or its licensors own intellectual property rights in (i) the content included within the publications; (ii) the BlueToad Service and the content contained within it; (iii) the selection, coordination, and arrangement of the BlueToad Website and the publications contained within it; and (iv) the trademarks used in connection with the Service. Publications available with the Service are for your personal use with the BlueToad only and may not be modified, reverse engineered, redistributed, sold, publicly displayed, licensed, rented, or otherwise provided to a third party or commercially exploited. We do not grant you any licenses express or implied, to the intellectual property of BlueToad or our Publishing partners except as expressly authorized in this Agreement.

5.  Third Party Content

      BlueToad is a distributor (and not a publisher) of content supplied by third parties and has no editorial control over the content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including those made in publications offered by our Service, are those of the respective author(s) or publisher(s) and not of BlueToad. Neither BlueToad nor any third-party provider of information guarantees the accuracy, timely availability, completeness, or usefulness of any content. Under no circumstance will we be liable for any loss or damage caused by your reliance on information obtained through the BlueToad Service. The BlueToad Service may contain links to other Internet sites and third-party resources. We are not responsible for either the availability of these outside resources or their content.

6. Price and Availability of Third Party Content

      There are numerous publications provided through BlueToad Service.  Some publications at BlueToad Service are freely available for all users at no charge, while others must be purchased.  Users may purchase any single publication or a monthly or yearly subscription.  Purchase prices are determined by the publication and not BlueToad.  Once an issue is purchased, it can be revisited at any time with no further payments required.

7.  BlueToad Service Refund Policy

      We make no guarantee that you will be entitled to any refund for subscription purchases. A pro-rata refund of the unused portion of a current subscription may be granted at our discretion.

8. Currency Conversion and Associated Fees

      BlueToad shows prices in US dollars. When you purchase a subscription plan to BlueToad service, BlueToad will charge you a price in US dollars. If your bank or a credit card company converts US dollars to your local currency, the resulting price may fluctuate depending on the changes in the conversion rate. Your credit card company may charge you a fee for this service. BlueToad is not responsible for any fees that your bank or credit card company charges for performing currency conversion, conversion rate or changes in the conversion rate

9.  BlueToad Auto-Renew and Cancellation Policy

      Subscriptions purchased to BlueToad Service are auto-renewed at the end of the subscription term. However, you may cancel your subscription at any time. In case of cancellation no refund is granted for the unused portion of the cancelled subscription. 

10. Disclaimer of Warranty

      (A) THE BLUETOAD SERVICE IS PROVIDED AS IS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, NONINTERFERENCE, ACCURACY OF DATA, ACCURACY OF TRANSLATION, AVAILABILITY, TIMING, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(B) WITHOUT LIMITING THE FOREGOING, NEITHER BLUETOAD NOR ITS AFFILIATES, LICENSORS, OR AGENTS WARRANT THAT THE BLUETOAD SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE BLUETOAD SERVICE, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR GOODS PROVIDED IN CONNECTION WITH THE BLUETOAD SERVICE. YOU BEAR THE RESPONSIBILITY FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY, TYPICALLY THROUGH A THIRD PARTY INTERNET SERVICE PROVIDER. BLUETOAD IS NOT RESPONSIBLE FOR ISSUING REFUNDS BASED ON YOUR INABILITY TO CONNECT TO BLUETOAD SITE OR VIEW THE NEWSPAPERS.

11. Limitation of Liability

      IN NO EVENT WILL BLUETOAD OR ITS AFFILIATES, LICENSORS, OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST PROFITS) OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE BLUETOAD SERVICE. YOU ACKNOWLEDGE THAT (I) THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE BLUETOAD SERVICE; AND (II) BLUETOAD IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES INCLUDING BLUETOAD LICENSORS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

12. Indemnification

      You agree to defend, indemnify and hold harmless BlueToad, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use or inability to use of the BlueToad Service. You agree to fully cooperate as reasonably required in the defense of any such claim.

13. Monitoring

      We have the right, but not the obligation, to monitor the BlueToad Service (i) to determine compliance with this Agreement and any operating rules established by BlueToad; and (ii) to satisfy any law, regulation or authorized government request. Without limiting the foregoing, we shall have the right to remove any content that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable or in breach of BlueToad licensors' obligations.

14. Revisions to the Terms of Use

      BlueToad shall have the right at any time to change or modify this Agreement. You will be effectively notified when (i) we prominently display the revised Terms of Use Agreement on the BlueToad website; or (ii) you are notified by any other means that would make a reasonable person aware of the new Terms of Use Agreement. Your continued use of the BlueToad Service after notice of the new agreement constitutes your acceptance of the new agreement.

15.  Termination

      Either BlueToad or you may terminate this Agreement at any time. Without limiting the foregoing, we have the right to immediately terminate your Account in the event that you breach this Agreement. If your Account is terminated, you are and will remain responsible for all charges incurred up to the time of the termination. The provisions of Sections 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 shall survive termination of this Agreement.

16. Miscellaneous

      This Agreement and any operating rules for the BlueToad Service established by BlueToad constitute the entire agreement between us with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Florida without regard to its conflict of laws rules. For any suit, action or other proceeding arising from or relating to this Agreement, you hereby irrevocably agree to personal jurisdiction and exclusive venue of the United States District Court for the Middle District of Florida and/or any Florida State Court within Orange County, Florida. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.