Terms And Conditions
? Customer’s use of Bluebook’s Websites is based on full compliance with these terms and conditions as posted at Bluebook’s Websites, which are subject to change from time to time.
? Use of Bluebook’s Websites is limited to Customer only, and not for resale or redistribution unless explicitly allowed under contract.
? Customer may share or submit single reports with its customers in the normal course of its business. However, Customer may not modify, edit, or change any report, value, or estimate.
? Customer warrants and agrees that it shall NOT (by any means whether electronic, printed, database, or manual) copy, compile, or record any portion of the Bluebook database, including but not limited to costs and repair descriptions.
? Customer shall not sell, lease, assign, transfer, sublicense, disseminate, modify, or translate Bluebook’s Websites or any portion thereof or disclose any portion of Bluebook’s Websites contents, including but not limited to repair costs and the Bluebook database, to any other party without the prior written consent of Bluebook.
? Customer is not authorized to use, compile, store, or access Bluebook data in any manner outside licensed, paid use of Bluebook’s Websites on a per property basis.
? Customer may not publish or syndicate Bluebook’s reports, database, or data to any website or other mass distribution channel without Bluebook’s written approval.
? Customer further warrants and agrees not to reverse assemble, reverse, compile, or otherwise attempt to create, copy or uncover any source or object code associated or contained within Bluebook’s Websites.
? All transactions and blocks of transactions licensed are final and non-refundable. Transaction blocks expire 12 months after initial date of purchase.
? Any license, subscription, or sponsorship is non-refundable; this includes, but is not limited to, any bluehammer.com package.
? Bluebook shall set a limit on the number of edits allowed per record, either by number or within a time period. Bluebook has the right to change the limitation at any time, without direct notice, but as reflected in these Terms. The current limits are 10 edits and/or 15 days, whichever comes first.
? User data and reports are only stored on Bluebook’s systems for twelve months. Customers shall download and store all reports and Customer-entered data for archival purposes.
Exclusive limited warranty and limitation of liability
? Bluebook believes that it has compiled, aggregated and developed the finest quality databases available, however, the Product is provided on an "as is," basis. Bluebook does not assure or warrant the correctness, comprehensiveness or completeness of the Product or any information and Customer agrees and acknowledges that Bluebook will not be liable for any loss of any kind as a result of the use of its online services or injury caused in whole or in part by use of the Bluebook product. Bluebook shall not be responsible for Customer's inability to access Websites for any reason, including the website being down for any reason. In no event shall Bluebook's entire liability exceed the total amount paid by Customer to Bluebook under this Agreement.
? EXCEPT AS EXPLICITLY PROVIDED FOR BELOW, BLUEBOOK INTERNATIONAL, INC. HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, AND GUARANTEES OF ANY NATURE, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABLITILY, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, NO LIENS OR ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE.
? IN NO EVENT SHALL BLUEBOOK BE LIABLE FOR ANY GENERAL, DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM USE OF THE PRODUCT, INCLUDING : (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION) WHETHER OR NOT BLUEBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
? EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND BLUEBOOK, ALL INFORMATION AND SOFTWARE ON THIS WEB WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
? BLUEBOOK ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB WEBSITE.
? CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, BLUEBOOK MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS WEBSITE. WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE CONTENT AND INFORMATION ON OUR WEBSITES MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. WE DO NOT WARRANT THAT OUR WEBSITES OR ANY SERVICES OFFERED ON OUR WEBSITES WILL BE ERROR-FREE.
? BLUEBOOK DOES NOT WARRANT THAT THE WEBSITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES CANNOT BE TAMPERED WITH BY THIRD PARTIES. BLUEBOOK DOES NOT GUARANTEE THAT MESSAGES OR DATA SENT TO THE WEBSITES WILL NOT BE OBTAINED, REVIEWED, DISCLOSED OR TAMPERED WITH BY THIRD PARTIES, WHETHER OR NOT MEASURES ARE TAKEN TO SECURE SUCH MESSAGES OR DATA.
? SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
? Customer agrees and warrants that all information or data which Customer receives from Bluebook or any subsidiary corporation shall be used only in strict compliance with all applicable federal, state, and local laws, rules, regulations, and ordinances, including but not limited to those concerning privacy, marketing, telephone solicitation, fax broadcast, e-mail transmission, direct marketing, consumer lending, and employment.
? Customer shall not use the Product or its result in any way that would constitute a consumer report under the FCRA.
? Customer acknowledges that it is Customer's sole responsibility to determine the applicability of any such laws, rules, regulations and ordinances.
? Customer shall be solely responsible for the use of the Product and information.
? Customer shall indemnify and hold harmless Bluebook and any subsidiary corporations, against any loss, liability, damage, cost or expense, including reasonable attorneys' fees, suffered or incurred by Bluebook and/or any subsidiary corporation, arising out of or in any way related to the breach of this customer warranty.
? The Product shall not be used (directly or indirectly) to conduct or solicit the performance of any business or activity which is tortuous or prohibited by law.
? Customer shall not modify or edit any values shown on the original Bluebook report as generated by Bluebook.
? Customer shall download and archive any data or reports it requires for its business or legal purposes.
Customer shall include the following disclaimer language on any report submitted to Customer’s client:
? This policy implements the procedures set forth in 17 U.S.C. §512 and the Digital Millennium Copyright Act (“DMCA”) for the reporting of alleged copyright infringement. It is the policy of the Company to respect the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the Company computing system are required to respect the legal protections provided by applicable copyright law.
? The following elements must be included in your copyright infringement complaint notice:
1. An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work or works claimed to have been infringed.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.
4. Information reasonably sufficient to permit the Company to contact the complaining party, including an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
5. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
? If you do not include all of the above information, it may cause a delay of the processing of the DMCA notification. Please note that, under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
o Designated Agent for Notification of Claimed Copyright Infringement: Legal Department; Bluebook International, Inc. 25910 Acero Road, Suite 370 Mission Viejo, CA 92691; firstname.lastname@example.org
United States Government Rights
All Bluebook products and publications are commercial in nature. The software, publications, and software documentation available on this Website are "Commercial Items", as that term is defined in 48 C.F.R.§2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are defined in 48 C.F.R. §252.227-7014(a)(5) and 48 C.F.R. §252.227-7014(a)(1), and used in 48 C.F.R.?12.212 and 48 C.F.R. 227.7202, as applicable. Pursuant to 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, Bluebook's publications, commercial computer software, and commercial computer software documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation, and the terms and conditions herein.
Last revised: April 9, 2018
Please Read and Confirm your acceptance of the terms and conditions of this Agreement.
This Agreement sets forth the conditions for use of any and all Bluebook provided data, databases, information, forms, results, values, software, websites, and reports (whether in part or whole) (“Products”). This Agreement may limit your rights. Please review it carefully.
DISCLAIMER: This valuation report may be based on, contain, or be used to generate reports and/or financial, statistical, or models, and other associated analytics and opinions. Each of these is an opinion or estimate derived in whole or in part from the use of automated valuation technologies, public record data, economic and other data, and other predictive technologies to provide an estimate of the “probable” values. All Products and all analytics, data, or information provided herein or generated using the data entered represent an opinion that may be inaccurate and is provided solely as an informational tool, not designed to provide definitive answer. Please consult with appropriate financial, tax, legal, construction, and/or real estate professionals/advisors before acting on or relying on the Products. Bluebook Products and reports do not constitute an on-site, visual, contractor, or forensic estimate.
REFUNDS: Bluebook does not accept returns. Bluebook provides a trial period consisting of one estimate/calculation of the Product. You must evaluate the Product and determine its suitability for your intended use during the evaluation period. Bluebook provides technical support during the evaluation period to assist you in your evaluation of the Product. Your purchase of a license confirms that you have taken the opportunity to complete your evaluation and determine that it is suitable for your use.
EXPIRATION OF CREDITS: All transaction credits expire one year from the date of purchase.
LIMITATIONS: None of the Products, including but not limited to, any outputs, data, reports, information, or results may be re-sold, remarketed, published, or incorporated into other products or services in any form or manner whatsoever without prior written permission from Bluebook. You shall not use Bluebook Products outside the United States.
LIMITED WARRANTY AND LIMITATION OF LIABILITY: Bluebook has made every reasonable effort to compile, aggregate, and develop a quality Product, however, these Products are provided on an "as is," basis. Bluebook does not assure or warrant the correctness, comprehensiveness, or completeness of the Product or any information. You agree and acknowledge that Bluebook will not be liable for any loss or injury as a result of the use of Bluebook Products. Bluebook shall not be responsible for inability to access its Products for any reason, including the website or web services used in their performance of this Agreement being down for any reason. In no event shall Bluebook's entire liability for any claim or Related Claims exceed the total amount actually paid to Bluebook during the twelve months preceding any claim. “Related Claims” mean all claims based on, arising out of, directly or indirectly resulting from, in consequence of, or in any way involving the same the same or related facts, circumstances, situations, transactions or events, whether related logically, causally, or in any other way. EXCEPT AS EXPLICITLY PROVIDED FOR BELOW, BLUEBOOK INTERNATIONAL, INC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, AND GUARANTEES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABLITILY, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, NO LIENS OR ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL BLUEBOOK BE LIABLE FOR ANY GENERAL, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM USE OF THE PRODUCT), INCLUDING: (1) RELIANCE ON THE MATERIALS PRESENTED; (2) COSTS OF REPLACEMENT GOODS; (3) LOSS OF USE, DATA OR PROFITS; (4) DELAYS OR BUSINESS INTERRUPTIONS; (5) AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION) WHETHER OR NOT BLUEBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Bluebook assumes no responsibility for errors or omissions in the information of software or other documents which are referenced or linked by the Products. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. These terms may be modified by a separate, written agreement between you and Bluebook.
UPDATES: Bluebook regularly updates the Products, including data and formulae, however Bluebook makes no commitment to update its Products. While Bluebook endeavors to provide up to date information, the content and Products may be out of date and include omissions, inaccuracies, and other errors. Bluebook does not convenant that the Products will be error free or free of viruses or harmful components, or that communications between you and Bluebook will not be viewed, obtained, or interfered with by third parties.
INDEMNITY: By using any one of the Products, you agree to indemnify and hold Bluebook, its subsidiaries, affiliates, officers, employees, and agents harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party arising out of your use of Bluebook Products. You agree to cooperate fully with Bluebook in the defense of any claim. Bluebook reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Bluebook.
MODIFICATION OF BLUEBOOK VALUES OR ENTRY OF YOUR OWN VALUES: Bluebook Products may allow you to modify or change values in order to customize your experience and results. Bluebook is not responsible for any data you input into our systems, and is not responsible for any modifications you make to Bluebook values. You agree to hold Bluebook harmless, as described in the section above, for any values or data you modify or change.
NO UNLAWFUL PURPOSE: As a condition of your use, you will not use the Products for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Products in any manner that could damage, disable, overburden, or impair any Bluebook server, or the network(s) connected to any Bluebook server, or interfere with any other party's use and enjoyment of any Products. You may not attempt to gain unauthorized access to any Products, other accounts, computer systems or networks connected to any Bluebook server or to any of the services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the use authorized and permissible use of the Products.
COPYRIGHT / OWNERSHIP: All information contained herein, from any Product, is and remains the copyright of Bluebook. Bluebook’s Proprietary Information is and shall remain the sole and exclusive property of Bluebook. Licensee shall have only the limited rights with respect to the Proprietary Information expressly granted by this or other written Agreement. All rights not expressly granted are expressly reserved by Bluebook. The parties agree that only Bluebook shall have the right to alter, maintain, enhance or otherwise modify its Products. You may not modify, reverse engineer, decompile, disassemble, manipulate, or create other works from any Proprietary Information and shall take all necessary steps to prevent such disassembly, decompiling, manipulation or reverse engineering of the Proprietary Information. Under no circumstances shall you sell, license, publish, display, copy, distribute, or otherwise make available Proprietary Information, in any form or by any means, except as expressly permitted by this Agreement. You agree that Bluebook Products may be subject to copyright, trademark, and patent protections. All data entered into Bluebook’s systems become the property of Bluebook.
NO ENDORSEMENT: Bluebook’s Products facilitate communication between construction professionals, construction firms, inspectors, real estate professionals, and related vendors (“Contractors”) and potential users of construction services to exchange information with the goal of eventually forming a professional relationship. However, Bluebook does not guarantee that users or Contractors will successfully form a professional relationship. Bluebook does not involve itself in the agreements between users and Contractors. Therefore, we cannot ensure the completion of the agreement or the integrity of either party. The user and/or Contractor, and not Bluebook, are solely responsible for assessing the integrity, honesty, and trustworthiness of all persons with whom they communicate. Providing Products does not imply an endorsement of any Contractor. Bluebook makes no representation, guarantee, or warranty (express or implied) as to the ability, competence, or quality of any Contractor which may submit bids and/or are listed through Bluebook Products.
APPLICABLE LAW: All matters relating to this Agreement shall be governed by the laws of the State of California applicable to agreements executed and to be performed solely within California, without regard to any conflict of laws principles. The Parties submit to the jurisdiction of, and waive any venue objections against, the United States District Court for the Central District of California, Orange County Branch and the Superior Court of the State of California, Orange County. To the extent permitted by applicable law, each of the parties agrees that it shall not seek a jury trial in any proceeding based upon, arising out of, or otherwise related to this Agreement or Bluebook Products. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The prevailing party shall be awarded its reasonable attorneys’ fees and costs in any lawsuit arising out of or related to this Agreement.
Modified April 9, 2018