Terms and Conditions

 

By accessing this web site, you the user are bound by the terms and conditions set forth below. The site and the functions, facilities and services that it provides ("the Site") are proprietary World Wide Web services operated and maintained by BlueFlame Energy Finance LLC (“BlueFlame”). This documents contains the Terms and Conditions on which BlueFlame is willing to permit your use of the Site and you must accept these terms and conditions in order to use it. Your use of the Site signifies your agreement to these Terms and Conditions. If you do not agree with these Terms and Conditions or are unable to abide by them, you must not use the Site.

1. Users
This Site may be used in an individual capacity or as a representative of a business or government entity. This Site is available only to adults over the age of 18 who can form legally binding contracts under California law. By using this Site, you represent that you satisfy this requirement.

2. Prohibited Uses
a) You must not use the Site: (i) in a manner that contravenes any law or regulation, or which facilitates the violation of any law or regulation; (ii) to invade the privacy of others; (iii) to violate, plagiarize, or infringe on the intellectual property or contractual rights of any person in connection with any use of the Site; (iv) to promulgate unlawful, harmful, deceitful, fraudulent, offensive, obscene, pornographic, defamatory, abusive, threatening, discriminatory or otherwise objectionable material.

b) You agree that you will not: (i) violate the security of the Site, whether intentionally, negligently or otherwise; (ii) impersonate BlueFlame personnel or other persons or entities; (iii) use any electronic communication or message, device, software or programming routine that may impair, interfere with or impose an unreasonable burden on the Site or BlueFlame; (iv) intercept or expropriate any system, data or information of this web Site; or (v) engage in any behavior which involves the site which is deceitful, malicious or destructive.

3. Proprietary Materials
The Site displays trademarks, copyrights and other proprietary information and materials belonging to BlueFlame, our partners, and others. This Site and all such materials are owned or licensed by BlueFlame. Everything on this Site is protected by copyright. You agree not to publish, modify, create derivative works from, sell or otherwise transmit or exploit any proprietary materials found on the Site without the express written consent of the owner of the rights to such materials. You are prohibited from removing any copyright, trademark, or other proprietary notice, mark or label contained on this Site or on any materials obtained through this Site.

4. User Information; Privacy
We reserve the right to disclose non-personally identifiable information regarding you and your use of this Site to third parties, and any information required to be disclosed by law to government authorities.

5. No Warranties
a) The information and content displayed the Site may include inaccuracies or errors, or may be out of date. BlueFlame may modify the Site at its sole discretion, and without providing any notice. BlueFlame does not guarantee that access to or use of the Site will be uninterrupted or error free, that bugs or malfunctions will be fixed, or that the Site and the servers on which it is hosted are free of viruses, malware or other harmful components. BlueFlame does not guarantee that the services, information or materials provided on the Site are accurate, without error, or reliable.

b) You acknowledge and agree that BlueFlame is not responsible or liable for communications you receive in connection with your use of the Site, even if they are unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or infringe the intellectual property or other rights of another.

c) You acknowledge that BlueFlame will not be responsible for any injuries or damages connected with the use of or inability to use, the Site. You are exclusively responsible for all information that you transmit using the Site. Your exclusive remedy in the event of a problem with the Site is to discontinue their use of the Site.

d) YOU ACCEPT THE SITE "AS IS" AND UNDERSTAND THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BlueFlame DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR PARTICULAR PURPOSE. YOU AGREE THAT BlueFlame WILL NOT BE LIABLE FOR INJURIES OR DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE. THIS SECTION 5 IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BlueFlame. NEITHER THE SITE NOR THE SERVICE WOULD BE MAINTAINED WITHOUT THESE LIMITATIONS OF LIABILITY AND DISCLAIMERS IN EFFECT.

6. Indemnification
You agree that BlueFlame, its subsidiaries, officers and employees, will not be held responsible for any third party claim, demand, or damage, including reasonable attorneys' fees, arising out of your use of the Site.

7. Amendment to User Agreement
BlueFlame has the right to amend these Terms and Conditions at any time by posting the amended version on the Site. The amended Terms and Conditions will be effective as of the date indicated in the posting. Your use of the Site following the effective date of any amendment to the Terms and Conditions indicates that you understand and accept the amended Terms and Conditions.

8. Governing Law and Jurisdiction
California law shall govern these Terms and Conditions and all other aspects of your use, without regard to its conflicts of laws principles. In the event of any dispute regarding these Terms and Conditions, you consent to the jurisdiction of and agree that all claims and disputes arising out of this User Agreement or your use of the Site shall be submitted to and resolved by binding arbitration in San Diego, California pursuant to the rules of the American Arbitration Association, and shall not be consolidated with any arbitration or with any claim or controversy of any other party. Judgment on the arbitration award may be entered in any court having proper jurisdiction. Either you or BlueFlame may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of you or BlueFlame pending the completion of arbitration.

9. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and BlueFlame regarding your rights and obligations as a user of the Site. If any provision of the Terms and Conditions is determined to be invalid or unenforceable, that provision shall be struck and all remaining provisions shall continue to be enforced. BlueFlame may enforce these Terms and Conditions at it its sole discretion and BlueFlame’s decision not to enforce any of the provisions defined herein at any time is not a waiver of any provision or right.

10. Links to Third-Party Sites, Advertisers and Promotions
a) The Site may include links to third party sites that are not controlled BlueFlame, and BlueFlame provides these links to you purely as a convenience. BlueFlame is not responsible for the contents or functionality of any third party site. BlueFlame does not endorse the owners or operators of any sites that our website links to.