Effective: October 11, 2018
Please carefully read these terms and conditions (these “Terms and Conditions”) before using this website (the “BlueLedge Site”). By accessing, using or downloading materials from the BlueLedge Site, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the BlueLedge Site.
BlueLedge, LLC (“BlueLedge”, “we” or “us”) is the owner of the BlueLedge Site. The BlueLedge Site contains information, including, without limitation, all text, graphics, photographs, graphs, sounds, data, images, audio, video, page headers, software (including HTML and other scripts), buttons, and other icons, and the arrangement and compilation of this information (collectively, the “Information”) that is either owned or licensed by BlueLedge.
Portions of the BlueLedge Site may be made available only to persons who have registered and who have been issued a username and/or password or other positive identifiers by BlueLedge (“Registered Users”). Only Registered Users are authorized to access the restricted portions of the BlueLedge Site. Your use of the BlueLedge Site and access to the Information contained therein is expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in these Terms and Conditions. In addition, access to certain areas of the BlueLedge Site may also be governed by other terms and conditions. In the event of a conflict between these Terms and Conditions and those necessary to access restricted portions of the BlueLedge Site, the terms and conditions governing the restricted portions of the BlueLedge Site will govern your access to such areas and any transactions conducted while in such restricted areas, and these Terms and Conditions will apply where there is not a conflicting provision. In addition, you hereby acknowledge and agree as follows:
1. License Grant.
BlueLedge grants you a worldwide, non-exclusive, and non-transferable license to use the BlueLedge Site. You may download, view, copy, and print the Information incorporated into the BlueLedge Site solely for your personal, non-commercial use. The Information may not be transferred to, shared with or disseminated with anyone for any purpose that is inconsistent with the purpose of the BlueLedge Site, to facilitate unfair competition with the BlueLedge Site, or for any purpose that is inappropriate or unlawful under applicable United States or international law or otherwise in violation of these Terms and Conditions, BlueLedge reserves all rights, including but not limited to, intellectual property rights not expressly granted to you.
Notwithstanding the foregoing license grant, you may not resell, redistribute, broadcast or transfer the information or use the Information or use the Information in a searchable, machine-readable database or file except through authorized access to the BlueLedge Site. Unless separately and specifically authorized in writing by BlueLedge, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share the BlueLedge Site, any part thereof, or any of the Information received or accessed therefrom to or through any other person or entity. Access to the BlueLedge Site without the authorization of BlueLedge is strictly prohibited. You agree to use the BlueLedge Site and Information for lawful purposes only. You agree not to post or transmit any information through the BlueLedge Site which (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, (iii) is protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right, (iv) contains unauthorized or malicious software such as viruses. You shall be solely liable for any damages resulting from your infringement of any copyright, trademark or other proprietary rights, or any other harm caused by your use of the BlueLedge Site or Information.
3. Cancellations and Refunds.
You may cancel your enrollment by submitting a written request for cancellation (1) by e-mail to info@BlueLedge.com or (2) by certified mail to BlueLedge, LLC, 101 E. Kennedy Blvd., Suite 3140, Tampa, FL 33602.
Refunds. Refunds, if applicable, are issued in the form of a check or electronic payment and according to the conditions below:
A. If before the start of instruction you cancel your enrollment, you will be charged 10% of total tuition or $100, whichever is less, unless you received instructional materials in which case, you will be charged applicable materials lease deposit and shipping fee(s).
B. If after the start of instruction and before the completion of more than 40% of the program, you cancel your enrollment or are expelled, you will be charged the registration fee identified in paragraph A, and a pro rata amount based on the percentage of completion times the total tuition amount plus the applicable materials deposit and shipping fee(s).
C. If after the start of instruction and the completion of more than 40% of the program, you cancel your enrollment or are expelled, you will be charged the full amount of the program and may not be entitled to any refund.
For purposes of this section, instruction begins when you first have access to any online course content.
Job placement. Job placement is not guaranteed, promised or implied to graduates.
4. User Content.
Submissions. All concepts, ideas, comments, manuscripts, illustrations, and all other materials disclosed or offered to BlueLedge on or in connection with the BlueLedge Site are submitted without any restrictions or expectation of confidentiality. BlueLedge shall have no financial or other obligations to you when you submit such information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions. BlueLedge shall have the unrestricted right to use, publish, reproduce, transmit, download, upload, post, display, incorporate it (in whole or in part) in other works in any form, media or technology now known or later developed, or otherwise distribute your submissions in any manner without notice or compensation to you.
Responsibility for Content. BlueLedge does not screen, edit or review material submitted by users. BlueLedge therefore accepts no responsibility or liability for any material which may reside in or is accessed by the BlueLedge Site other than BlueLedge Information. BlueLedge has no responsibility with respect to other sites.
User Linking. You may not link, upload, post or transmit any illegal, obscene, offensive or otherwise inappropriate material to the BlueLedge Site. Furthermore, you may not use any of BlueLedge’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links, without the BlueLedge’s express written permission, which BlueLedge may withhold in its sole discretion. You may not link in any manner reasonably likely to (i) imply affiliation with or endorsement or sponsorship by BlueLedge; (ii) cause confusion, mistake, or deception; (iii) dilute BlueLedge’s trademarks or service marks; or (iv) otherwise violate state or federal law.
5. Third Party Links.
The BlueLedge Site may contain links to other websites. These links are provided for informational purposes only, and BlueLedge does not sponsor or affiliate with any linked entity unless expressly stated. BlueLedge makes no representations and assumes no responsibility for your use of links provided on the BlueLedge Site. You agree to indemnify and hold BlueLedge and any of its related entities, board members, employees, agents and representatives harmless from and against, and shall reimburse BlueLedge for any liability, damage, claim, loss, cost or expense (including, without limitation, court costs and reasonable attorneys’ fees) which may be incurred by BlueLedge as a result of the material you link, upload, post, or transmit to the BlueLedge Site. BlueLedge has no duty to review or edit materials submitted by users. Any such materials may be removed by BlueLedge at any time for any reason whatsoever.
Please note that payments are processed via a third-party vendor. Company does not receive, retain, or store any payment information. Company expressly disclaims any responsibility for the security of your payment information. You acknowledge and agree that Company is not liable for any loss or damage which may be incurred by you as a result of utilizing the third-party service to process your payment.
6. Disputes with Third Parties.
If there is a dispute between System users, or between a user and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other participants or third parties, you release Company, its officers, employees, agents, representatives and successors from any claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
8. Password Disclosure.
You are prohibited from sharing your username and/or password with any other person, and you are responsible for ensuring that you do not take any actions — or fail to take any actions — that could result in their unauthorized access and use of the BlueLedge Site or the Information. If, at any time, you are issued a username and/or password or other positive identifiers of the user issued and authorized by BlueLedge and you learn or suspect that such identifiers have been disclosed or otherwise made known to any person other than yourself, you agree to immediately change your password to prevent unauthorized access to your account.
It is recommended that you use a high-speed internet connection. The compatible operating systems may change from time to time. BlueLedge is not responsible for your failure to use the recommended or compatible software.
You acknowledge that BlueLedge reserves the right to, and may from time to time, monitor any and all Information transmitted or received through the BlueLedge Site. BlueLedge, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which BlueLedge deems inappropriate or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the BlueLedge Site, authorized or unauthorized, constitutes consent to such monitoring.
11. Export Controls.
Your use of the BlueLedge Site will comply with all applicable laws, rules and regulations that govern the export of technical data.
12. Privacy and Consent to Share Certain Information.
When you access content in our website, we collect information, including, but not limited to, information about the lectures you watch online, the test questions you complete, your performance on practice tests, and your progress toward full completion of all course assignments. Information concerning your usage of our site and your progress using our study materials (“Course Performance Information”) may be disclosed to third parties such as educational institutions, professors, and product development partners for a variety of purposes, including, but not limited to, analyzing and improving certification course passage rates and for the development of new products and services.
The BlueLedge Site is intended for adults 18 years or older. You are not permitted to use the BlueLedge Site if you are under the age of 13. By using the BlueLedge Site, you agree to provide us with accurate information concerning your age or identity if we request it. You also agree not to assist children under the age of 13 in accessing the BlueLedge Site or to attempt to contact children under 13 through the BlueLedge Site.
14. Choice of Law and Jurisdiction.
These Terms and Conditions and any claim, controversy, or dispute arising out of or relating to the Terms and Conditions or you use of the BlueLedge site shall be governed by and construed in accordance with the laws of the State of Florida, without reference to any conflict of law principles. Further, any such claim or cause of action shall be brought exclusively in the state or federal courts located in Orlando, Orange County, Florida, and you irrevocably agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Florida as your agent for service of process. You agree to waive any objection that the state or federal courts of Orange County, Florida, are an inconvenient forum.
15. Disclaimer of Warranties.
You acknowledge and agree that no warranties of any kind are made with respect to the BlueLedge Site, BlueLedge Lectures, BlueLedge Information, or other sites. Furthermore, you acknowledge that the Information and links provided through the BlueLedge Site are compiled from sources that are beyond the control of BlueLedge. Though such Information is recognized to be generally reliable, you acknowledge that inaccuracies may occur, and that BlueLedge and its licensors do not warrant the accuracy or suitability of the Information. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE BLUELEDGE SITE AND INFORMATION ARE PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS. BLUELEDGE DOES NOT WARRANT THAT THE BLUELEDGE SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, OR WILL BE UNINTERRUPTED OR ERROR FREE. BLUELEDGE EXPRESSLY EXCLUDES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLUELEDGE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE BLUELEDGE SITE, BLUELEDGE LECTURES, OR BLUELEDGE INFORMATION, INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. Under these Terms and Conditions, you assume all risk of errors and/or omissions in the BlueLedge Site and Information, including the transmission or translation of Information. YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD BLUELEDGE HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
16. Limitation of Liability.
IN NO EVENT SHALL BLUELEDGE OR ITS EMPLOYEES, AGENTS, LICENSORS OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, REVENUES, OR OTHER ECONOMIC LOSSES WHETHER DEEMED DIRECT OR CONSEQUENTIAL AND REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER SUCH DAMAGES WERE REASONABLY FORESEEABLE.
IN NO EVENT SHALL OUR LIABILITY FOR ANY DAMAGES, REGARDLESS OF KIND OR TYPE, TO YOU OR ANY OTHER PERSON, EXCEED $250.00.
17. Limitation of Claims.
Any action on any claim against BlueLedge must be brought by the user within one (1) year following the date the claim first accrued, or shall be deemed waived.
Whenever possible, each provision of these Terms and Conditions shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms and Conditions shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these Terms and Conditions. Any unenforceable provision will be replaced by a mutually acceptable provision which comes closest to the intention of the parties at the time the original provision was agreed upon.
You agree to defend, indemnify, and hold BlueLedge and its employees, agents, licensors or contractors harmless from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to your use of the BlueLedge Site, including without limitation, your violation of these Terms and Conditions, in each case whether or not caused by the negligence of BlueLedge or its employees, agents, licensors or contractors and whether or not the relevant claim has merit.
In the event that any third-party claim is brought, BlueLedge has the right and option to, at its own expense, undertake the defense and control of such action with counsel of its choice. If BlueLedge exercised this option, you agree to cooperate with it in asserting any available defenses.
20. Copyright, Patent and Trademark Notice.
Copyright 2019 BlueLedge, LLC. All rights reserved. The BlueLedge site and Information is the valuable, exclusive property of BlueLedge or its licensors and nothing in these Terms and Conditions shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The Information is protected by contract law and various intellectual property laws, including domestic and international copyright laws. Except as expressly permitted in these Terms and Conditions, you may not copy, adapt, distribute, commercially exploit, or publicly display the Information or any portion thereof in any manner whatsoever without BlueLedge’s prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information. BlueLedge, and its associated logos, and all page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, or registered trademarks of BlueLedge, LLC. All other product names and company logos mentioned on the BlueLedge Site or Information are trademarks of their respective owners.
21. Notice and Procedure for Copyright Infringement Claim.
BlueLedge, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right to terminate your use the BlueLedge Site or Information if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. BlueLedge accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), BlueLedge has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. BlueLedge’s designated agent to receive notification of claimed infringement is:
Corporation Service Company
Re: BlueLedge, LLC DMCA Notice
1201 Hays Street
Tallahassee, FL 32301
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to the BlueLedge designated agent, listed above, and must include the following information:
i. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
ii. Description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringing materials, a list of such materials.
iii. Description of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
iv. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
BlueLedge may provide you with notices, including those regarding changes to these Terms and Conditions, by email, regular mail, or through the System.
You agree that if BlueLedge does not exercise or enforce any legal right or remedy which is contained in these Terms and Conditions (or which BlueLedge has the benefit of under any applicable law), this will not be taken to be a formal waiver of BlueLedge’s rights and that those rights or remedies will still be available to BlueLedge.
24. Reporting Violation of Terms of System.
Please report any violation of the Terms to BlueLedge at firstname.lastname@example.org.
Upon termination of these Terms, the provisions regarding Disclosure of Account Information, Use and Storage, Illegal Conduct, Intellectual Property, Contributions, Disputes with Third Parties, Digital Millennium Copyright Act, Indemnity, Disclaimer of Warranties, Limitation of Liability, Acknowledgment, Survival, and General Provisions shall survive.
You acknowledge and agree that: (a) you have read and understood these Terms and Conditions; (b) these Terms and Conditions are fair, reasonable, and not unduly restrictive; and (c) you have had the opportunity to confer with legal counsel of your choice prior to agreeing to these Terms and Conditions.
27. Entire Agreement.
28. Joint Drafting.
If an ambiguity or question of intent arises with respect to any provision of these Terms and Conditions, these Terms and Conditions will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring either party by virtue of authorship of any of the provisions of these Terms and Conditions.