BlueCrest | Terms of Use

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to the BlueCrest website located at www.bluecrestinc.com and all associated BlueCrest sites on which these Terms of Use are posted, including Sites of BlueCrest’s subsidiaries around the world (collectively, the "Site"). The Site is the property of DMT Solutions Global Corporation (together with its subsidiaries, “BlueCrest”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

BlueCrest reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, BlueCrest grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

BlueCrest reserves the right in its sole discretion to modify and/or discontinue any part of the Site or any services or products offered via the Site at any time with or without notice.

Privacy

BlueCrest’s Privacy Policy applies to the use of this Site, and its terms are made a part of these Terms of Use by this reference. To view BlueCrest’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the BlueCrest Site

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under BlueCrest’s control, and BlueCrest is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to BlueCrest, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without BlueCrest’s express prior written consent.

You may use the information on BlueCrest products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by BlueCrest for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Unsolicited Submissions

BlueCrest and its employees and contractors do not accept, review, or consider any unsolicited ideas, works, materials, proposals, suggestions, artwork, content or the like, including for advertising campaigns, promotions, products, services, technologies, product enhancements, processes, marketing strategies, product names, content or creative materials (all of the foregoing “Submissions”). Please do not send or provide any submissions in any form to BlueCrest or any of its employees or contractors.

The purpose of this policy is to avoid potential misunderstandings or disputes when BlueCrest’s products, services, technologies, advertising, promotions, marketing strategies or content might seem similar to submissions provided to BlueCrest. If, despite our request that you do not send us your submissions, you still submit them, then regardless of what your correspondence says, the following terms will apply to your submissions.

You agree that: (1) your submissions and their contents along with related intellectual property rights will automatically become the property of BlueCrest, without any compensation to you; (2) BlueCrest may use or redistribute the submissions and their contents for any purpose and in any way on an unrestricted basis; (3) there is no obligation for BlueCrest to review the submissions; and (4) there is no obligation to keep any submissions confidential.

Rules of acceptable behavior

Any functions provided on the Site that allows users to submit comments, blog and other posts, text, video content, audio content, photographs, computer code, and computer applications (each a “User Submission”) are provided for the Site’s customers and users. All User Submissions are not under the control of BlueCrest and are not information or opinions of BlueCrest. BlueCrest does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correctness of such User Submissions. Use of any User Submission is voluntary, at your own risk, and reliance on it should only be undertaken after an independent review. Reference in these sections of the Site to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, recommendation, or favoring by BlueCrest. BlueCrest is not responsible for and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any User Submissions. BlueCrest makes no guarantees or warranties with respect to User Submissions, including but not limited to any express or implied warranties of merchantability or fitness for a particular use or purpose. Display of any User Submission does not constitute approval or endorsement by BlueCrest. You shall not upload to, distribute or otherwise publish through the Site any content that is harassing, abusive, threatening, libelous, defamatory, obscene, pornographic, profane, sexually explicit, or otherwise violates any law, including but not limited to criminal, trademark, trade secret, and copyright law. You shall not post User Submissions that encourage or promote illegal activity, User Submissions that discuss illegal activities with the intent to commit them, or User Submissions that may give rise to civil or criminal liability in any way, or that violate federal, state, or local laws. You shall not post User Submissions containing spam, commercial or advertising content. You shall not post User Submissions containing links to any sites that violate any section of these Terms of Use. You shall not in any manner impersonate anyone else or misrepresent your true identity. You should not post any User Submissions that contain private information, nor should you assume that postings are completely anonymous.

By posting User Submissions, you automatically grant or warrant that the owner of such content has expressly granted, BlueCrest the royalty-free, worldwide, perpetual irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, modify, adapt (including, without limitation, the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies), publish, transmit, excerpt, host, index, cache, tag, encode, create derivative works from, distribute, perform and publicly display such content in an electronic environment in any form or media now known or hereinafter developed, any User Submission(s) posted by you on or to the Site. This means that anything submitted by you to BlueCrest may be used by BlueCrest for any purpose, now or in the future, without any payment to, or further authorization by, you. By making a User Submission, you are consenting to its display on the site and for related online and offline promotional sites.

You are solely responsible for the content of your User Submissions. You agree that BlueCrest has the right to edit, remove, move, modify or delete any User Submissions for any reason whatsoever, or for no reason at all. BlueCrest reserves the right to filter from the Site all Submissions from individuals who display persistent behavior contrary to the Terms of Use governing the use of the Site. You waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Depending on the nature of the violation, BlueCrest shall have the sole discretion to terminate your access to the Site. Please be advised that BlueCrest will fully cooperate with any law enforcement authorities or court order requesting or directing BlueCrest to disclose personal information (in accordance with the Privacy Policy of the Sites) of anyone whose Submission(s) violates the foregoing terms. In order to post any User Submissions, you may be required to provide accurate and complete personal information consisting of your name and email address, which shall be collected pursuant to the BlueCrest Privacy Policy.

Your Use of the Site

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, programs, algorithms, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. BlueCrest reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any BlueCrest server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any other customer of BlueCrest, including any BlueCrest account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personally identifiable information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or BlueCrest’s systems or networks, or any systems or networks connected to the Site or to BlueCrest.

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to BlueCrest on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of BlueCrest or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions, or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

BlueCrest’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

BlueCrest may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and BlueCrest makes no commitment to update the materials on the Site with respect to such products and services.

Software

Certain software ("Software") that you may download from the Site are the copyrighted works of BlueCrest. Your use of the Software is governed by the terms of any end-user license agreement that accompanies the online download process or that is otherwise provided to you. You may use the Software only in accordance with the terms of any accompanying license agreement and you are prohibited from using, reproducing, copying (in whole or in part), distributing, decompiling, decrypting, reverse engineering, disassembling, displaying, downloading, storing transmitting, distributing, selling, or otherwise commercially exploiting any part of the Software. Any third-party software you may download via the Site is subject to the terms and conditions of the third party's license agreement with you (if any).

Accounts, Passwords, and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up a User ID and password). By setting up an account, you represent and warrant that you are a BlueCrest customer or are authorized to act on behalf of an existing BlueCrest customer. You agree to provide true, accurate, current, and complete information about yourself and the BlueCrest customer that you represent. You agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal your identity from BlueCrest. BlueCrest may independently verify that you are affiliated with an existing BlueCrest customer.

You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify BlueCrest immediately of any unauthorized use of your account or password, or any other breach of security. BlueCrest is in no way liable for any claims related to the use or misuse of your User ID and password due to the activities of third parties outside of BlueCrest’s control or due to your failure to maintain the confidentiality and security of your User ID and password. You may be held liable for losses incurred by BlueCrest or any other user of or visitor to the Site due to someone else using your User ID, password, or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s User ID, password, or account at any time without the express permission and consent of the holder of that User ID, password, or account. BlueCrest cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

You, or the BlueCrest customer you represent, must inform BlueCrest when you are no longer employed by a BlueCrest customer or authorized to act on behalf of a BlueCrest customer.

Data Usage

BlueCrest may use information that is recorded about users or submitted by users and aggregated into groups so that it no longer reflects or references an individually identifiable user for the purpose of creating statistical summary databases for benchmarking and for use in research and development to create and refine and improve BlueCrest and BlueCrest affiliates’ products and services.

Disclaimers

BLUECREST DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BLUECREST CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BLUECREST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. BLUECREST DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY BLUECREST SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BLUECREST FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

BlueCrest reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will BlueCrest be liable to you for any direct, indirect, special, consequential, exemplary, incidental, or punitive damages, including lost profits, lost savings, or lost postage even if BlueCrest has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, BlueCrest is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, BlueCrest’s liability shall in no event exceed US$1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold BlueCrest, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against BlueCrest by any third party due to or arising out of or in connection with your use of the Site, your breach of these Terms of Use, your User Submissions, and/or your infringement of any intellectual property rights.

Violation of These Terms of Use

BlueCrest may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) BlueCrest’s rights or property, or the rights or property of visitors to or users of the Site, including BlueCrest’s customers. BlueCrest reserves the right at all times to disclose any information that BlueCrest deems necessary to comply with any applicable law, regulation, legal process, or governmental request. BlueCrest also may disclose your information when BlueCrest determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that BlueCrest may preserve any transmittal or communication by you with BlueCrest through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or BlueCrest determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of BlueCrest, its employees, users of or visitors to the Site, and the public.

You agree that BlueCrest may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to BlueCrest, for which monetary damages would be inadequate, and you consent to BlueCrest obtaining any injunctive or equitable relief that BlueCrest deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies BlueCrest may have at law or in equity. You agree that BlueCrest may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If BlueCrest does take any legal action against you as a result of your violation of these Terms of Use, BlueCrest will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to BlueCrest. You agree that BlueCrest will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Connecticut without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Fairfield County, Connecticut, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between BlueCrest and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

BlueCrest administers and operates the www.bluecrestinc.com Site from its location in Danbury, Connecticut USA; other BlueCrest sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. BlueCrest reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and BlueCrest with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and BlueCrest with respect to such use are hereby superseded and canceled. Other than as provided in a purchase agreement you enter into with BlueCrest, BlueCrest will not accept any counter-offers to these Terms of Use, and all such offers are hereby completely rejected. BlueCrest’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by BlueCrest of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between BlueCrest and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

BlueCrest provides access to BlueCrest international data and, therefore, may contain references or cross references to BlueCrest products, programs, and services that are not announced in your country. Such reference does not imply that BlueCrest in your country intends to announce such products, programs, or services.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. BlueCrest shall be free to use such information on an unrestricted basis.

WEBSITE TERMS of USE