Terms of Service & Legal
Acceptance of Terms
HyBlue, Inc. ("HyBlue") make this website (the "Site"), including all information,
documents, content, materials, and software (the "Materials") available on the Site,
available to you for your use subject to the terms and conditions set forth in this
comply with all applicable laws and regulations, including all applicable export
and re-export control laws and regulations. HyBlue reserves the right to change
Use of Information
Except as otherwise indicated on this Site, you are permitted to view,
print, copy and download Materials on this Site subject to the following terms and
- (i) any copy of Materials or portion thereof must include all copyright and proprietary notices in the same form and manner as on the original; (ii) the Materials may not be modified in any way; and (iii) HyBlue reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice from HyBlue.
- Materials specified above do not include the layout or design of this Site. Elements of this Site are protected by trademark or other laws and may not be imitated or reproduced in whole or in part.
- Materials specified above do not include logos, graphics, sounds, product demonstration files, product executables, or images on this Site, which may be reproduced or distributed only when expressly permitted by HyBlue.
Access to the Site
HyBlue may alter, suspend, or discontinue this Site or any of the Materials
at any time and for any reason, without prior notice to you. The Site may become
unavailable due to maintenance or malfunction of computer equipment or other reasons.
deactivate or delete your user account and/or prohibit access to the Site from the
offending domain and/or network address and/or bar any further access to the Materials,
and/or the Site. HyBlue shall not be liable to you or any third party for any termination
or cancellation of your access to, or use of, the Site.
By using the Site, you agree to indemnify, hold harmless, and defend HyBlue from
and against any claims, actions, damages or liabilities, including reasonable attorney
of this Site or any information or Materials provided on this Site.
Use of Software
The software and accompanying documentation available to download from this Site
are the copyrighted work of HyBlue. Use of the software is governed by the terms
of the end user license agreement, which accompanies such software. If no license
agreement accompanies the download, the terms of the license, which accompanies
the original product being updated, will govern. You will not be able to use, download,
or install any software unless you agree the terms of such end user license agreement.
Third Party Web Sites
HyBlue's site may provide links to third-party web sites, which are not
under the control of HyBlue. HyBlue makes no representations about third-party web
sites. HyBlue is not responsible for the reliability of any data, opinions, advice,
or statements made on third party sites. HyBlue provides these links merely as a
convenience. The inclusion of such links does not necessarily imply that HyBlue
endorses, recommends, or accepts any responsibility for the content of such sites.
HyBlue shall not be liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by the use of a third party web site or any information
or materials received from a third party web site.
HyBlue may, but is not obligated to, review or monitor areas on its Site where users
may transmit or post communications, including bulletin boards, chat rooms, and
user forums. HyBlue is not responsible for the accuracy of any information, data,
opinions, advice, or statements transmitted or posted on bulletin boards, chat rooms,
and user forums.
You are prohibited from posting or transmitting to or from this web site any libelous,
obscene, defamatory, pornographic, or other materials that would violate any laws.
However, if such communications do occur, HyBlue will have no liability related
to the content of any such communications.
DISCLAIMER OF WARRANTIES
ALL MATERIALS PROVIDED ON THIS SITE ARE PROVIDED ON AN "AS IS" BASIS AND
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HYBLUE DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, BUT WITHOUT
LIMITATION, HYBLUE DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS SITE IS CORRECT,
ACCURATE OR RELIABLE; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED
OR ERROR-FREE; OR (iii) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL HYBLUE BE LIABLE FOR ANY DAMAGES, INCLUDING
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES
OR FOR LOST PROFITS OR LOSS OF USE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THIS SITE OR THE INFORMATION OR MATERIALS CONTAINED ON THIS SITE, EVEN IF
HYBLUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL HYBLUE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES
OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)
OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR
THE INFORMATION OR MATERIALS CONTAINED ON THIS SITE EXCEED $1.
No Additional Rights
You acknowledge and agree that except for the rights expressly granted
above, all other right, title and interest in and to the Site, Materials and any
services related thereto, including any and all patent, trademark, copyright, trade
secret, intellectual and industrial property rights remain the sole and exclusive
property of HyBlue, its suppliers and/or its licensors. Except as specifically set
trademarks or those of its suppliers and/or its licensors in any manner whatsoever,
absent prior written approval from HyBlue.
The Site can be accessed from countries around the world and may contain references
to products, services and programs that are not available in your country. These
references do not imply the HyBlue intends to announce such products, services or
programs in your country. HyBlue makes no representation that Materials on this
Site are appropriate or available for use in locations outside of Canada and the
United States and access to the Materials from territories where they are prohibited
is illegal. If you choose to access this Site from outside Canada or the United
States , you do so on your own initiative and are responsible for compliance with
Export of Information
The United States Export Controls laws prohibit the export of certain technical
data and software to certain countries. It is your responsibility to comply with
all applicable international, national, state, regional, and local laws, and regulations,
including any applicable import and use restrictions.
These terms are governed by the laws of the state of Washington , without respect
to its conflict of laws provisions. You expressly agree to submit to the exclusive
personal jurisdiction of the state and federal courts sitting in King Country in
the state of Washington . If any provision of these Terms is found to be invalid
by any court having competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of these Terms, which shall
remain in full force and effect. Except as expressly agreed by HyBlue and you, these
Terms constitute the entire Agreement between you and HyBlue with respect to the
subject matter and use of the Site.
The word 'HyBlue', the HyBlue logo and the 'Powered By HyBlue' logo are registered
trademarks of HyBlue, Inc. We like our name and logos so any infringement or unauthorized
use will be prosecuted.
If you are an authorized partner of HyBlue, you may use the 'Powered By HyBlue'
logo provided that the logo is used in its entirety, the ® (registered) symbol
accompanies the logo, and ownership is attributed to HyBlue, Inc.
All other trademarks and registered trademarks are the property of their respective
All materials on this website are © 2004, 2005 and 2006 HyBlue, Inc. except
third-party materials which are used by permission and are the sole property of
their respective owners. All Rights Reserved except where expressly noted.