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TERMS AND CONDITIONS GOVERNING THE USE OF BLUEYONDER.COM

Blue Yonder, Inc. (“Blue Yonder,” “us,” or “we”) operates the web site located at blueyonder.com (“Site”). Blue Yonder provides a variety of services through the Site including, but not limited to, providing information regarding our products and services (the “Services”). This Agreement applies to all users of the Site and Services. Please review the following basic rules that govern your use of the Site. Please note that your use of the Site constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms of Use. Blue Yonder reserves the right to update or modify these Terms of Use at any time without prior notice to you and the changes will become effective 15 calendar days after posting the revised Terms and Conditions. For this reason, we encourage you to review these Terms of Use whenever you use this Site.

These terms of use (“Agreement”) form a legally binding agreement between you, or, if you represent an entity or other organization, that entity or organization (in either case “you”) and Blue Yonder setting forth the terms for your use of the site and services.

By accessing or using the site or services, you are accepting this agreement (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into this agreement (on behalf of yourself or the entity that you represent).

By accepting these Terms of Use through your use of the Site, you also certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

Blue Yonder does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use this Site other than for browsing, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including the legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Blue Yonder and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only for entertainment purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.

SITE SECURITY

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Blue Yonder will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from this Site and other than generally available third party web browsers (e.g., Firefox, Microsoft Explorer, Safari, etc.).

PRIVACY POLICY

We respects your privacy and have developed a Privacy Policy that is incorporated into the Terms and Conditions. Please take a moment to read our Privacy Policy, which is available using at blueyonder.com/privacy-policy. By accessing the Websites, you are accepting the terms of our Privacy Policy.

COPYRIGHTS, TRADEMARKS AND PATENTS

Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Blue Yonder, one of its affiliates or by third parties who have licensed their materials to Blue Yonder and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Blue Yonder and is also protected by U.S. and international copyright laws.

Blue Yonder expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Blue Yonder’s intellectual property rights.

The Blue Yonder name and logo and all related product and service names, design marks and slogans are the trademarks or service marks of Blue Yonder. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

For a complete list of Blue Yonder patents, please visit blueyonder.com/legal/patents.

USER TESTIMONIALS, FEEDBACK AND SUBMISSIONS

All testimonials, feedback, and other submissions disclosed, submitted or offered to Blue Yonder on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Blue Yonder property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Blue Yonder of all worldwide rights, titles and interests in, to, and under all copyrights and other intellectual properties in the Comments.

Thus, Blue Yonder will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Blue Yonder will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Blue Yonder is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam."

DMCA ENFORCEMENT

Blue Yonder strives to comply with the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Blue Yonder will respond to notices of alleged infringement that comply with the DMCA and remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of users of the Site. If Blue Yonder removes or disables access to comply with the DMCA, Blue Yonder will make a good-faith attempt to contact the owner, author, or administrator of each affected posts so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a DMCA takedown notice, please contact us using the following information:

Attn: Copyright Agent
15059 North Scottsdale Road, Ste 400
Scottsdale, AZ 85254-2666
Phone: 1-480-308-3000
Email: [email protected]

INTELLECTUAL PROPERTY SUBMISSION POLICY

While Blue Yonder appreciates that customers and others may want to share their ideas related to supply chain products, Blue Yonder does not accept any unsolicited information, material, or other communication related to intellectual property including, but not limited to, any comments, suggestions, drawings, models, materials, and/or descriptions of ideas related to developing, manufacturing, and/or marketing products or services.

Unless express written approval from Blue Yonder is granted, any unsolicited information, material, or other communication provided to Blue Yonder or its affiliates by electronic mail or otherwise, including, but not limited to, any concepts, techniques, know-how, questions, comments, suggestions, data, and/or the like will be treated as non-confidential and non-proprietary information.

Blue Yonder or its affiliates are not obligated to maintain any unsolicited information, material, or other communication in confidence. Any unsolicited information, material, or other communication may be used by Blue Yonder or its affiliates for any purpose including, but not limited to, broadcast, disclosure, posting, publication, reproduction, solicitation, and/or transmission without compensation to the person providing such information, material, or other communication. Further, any unsolicited submission to Blue Yonder or its affiliates including, but not limited to, prototypes, marketing materials, and/or the like will not be returned to the sender.

INDEMNIFICATION

You agree to indemnify, defend, and hold Blue Yonder (and its officers, directors, employees, contractors, agents, successors, and assigns) harmless, including costs and attorneys’ fees (including expert fees), from any claim or demand made by any third party due to or arising out of (a) your use of or access to the Site or Services, (b) your violation of this Agreement; and (c) your violation of applicable laws or regulations (including any privacy or copyright laws).

TERMINATION

These Terms of Use are effective unless and until terminated by either you or Blue Yonder. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Blue Yonder also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Blue Yonder’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Blue Yonder, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Blue Yonder’s right to any Comments shall survive any termination of this Agreement.

DISCLAIMER

THIS SITE IS PROVIDED BY Blue Yonder ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. Blue Yonder MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THESE SITES IS AT YOUR SOLE RISK.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL Blue Yonder OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Blue Yonder HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Blue Yonder BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

GENERAL

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. Except as expressly set forth in the Agreement, the exercise by a party of any remedies provided in this Agreement will not be deemed an election of remedies, and will be without prejudice to its other remedies under this Agreement or under any other agreement, or at law or equity or otherwise. The failure of Blue Yonder to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Blue Yonder’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Arizona law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts in Maricopa County, Arizona and you consent to the exclusive personal jurisdiction of such courts. Any final judgment rendered against a party in any such action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. Except as expressly provided herein, neither this Agreement nor any right, interest, duty, or obligation hereunder may be assigned, transferred, or delegated you, by operation of law or otherwise, without the express prior written consent of Blue Yonder, which consent may be withheld in the sole and absolute discretion of Blue Yonder.

CONTACT INFORMATION

Physical Address: 15059 N Scottsdale Rd, Ste 400, Scottsdale, AZ 85254-2666
Mailing address: 15059 N Scottsdale Rd, Ste 400, Scottsdale, AZ 85254-2666
Telephone: 1-480-308-3000