Terms of Use

WEBSITE GENERAL TERMS OF USE AGREEMENT

Last Edited: April 22, 2024

Blue Star Operations Services, LLC and our affiliated businesses (“we,” “our,” “us) respect your privacy and value your trust and confidence.  This terms of use applies to our websites, mobile applications, and other offline or online and mobile services (the “Site”) that link or post to this Agreement (collectively, the “Services”) and the terms by which you may use the Services.

By accessing or using the Service, you acknowledge that you have read and understood the terms of this terms of use agreement (“Agreement” or “Terms of Use”) and to the collection and use of your information as set forth in our privacy policies, each of which shall be considered part of this Agreement, whether or not you are a registered user of the Service. We may modify these terms and will provide notice of such changes as described below. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

We reserve the right to amend this Agreement at any time by posting an updated version. You should therefore periodically visit this page to review the then-current Agreement. Your use of the Services after our posting of amendments to this Agreement will constitute your acceptance of this Agreement, as modified. If, at any time, you do not wish to accept this Agreement, you may not use the Services.

Please also note that in some instances, we may direct you to a site or page that is operated by one of our partners or use framing techniques to serve you content from partners while preserving the look and feel of our website.  Even though the page where you provide information may have the look and feel of the Services, a different privacy policy may govern that information collection by such partners.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. Use of the Service
2. User Content
3. User Data
4. Mobile Software
5. Our Proprietary Rights
6. Contests, Sweepstakes and Promotions
7. User Submissions
8. No Professional Advice
9. Termination
10. Privacy
11. Security
12. Third Party Links and Information
13. User Copyrights, Intellectual Property, and Trademarks.
14. Indemnity
15. No Warranty
16. Limitation of Liability
17. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
18. Assignment
19. Severability
20. No Waiver
21. Change to this Terms of Use
22. Contact Us

1. Use of the Service

1A. Eligibility

This is a contract between you and us. You must read and agree to these terms before using any of the Services. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with the Site, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 years of age is governed by the Site’s Children’s Privacy Policy (Users Under 13). The Service is not available to any Users previously removed from the Service by the Site.

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal use only and as permitted by the features of the Service. We reserve all rights not expressly granted herein in the Services and the Site Content (as defined below). We may terminate this license at any time for any reason or for no reason.

We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Site, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We may, in our sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will provide you with reasonable notice and update the ‘last modified’ date at the top of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

1B. User Accounts.

Some Site Services allow Users to create an account and/or profile (“collectively, “Account”). Your Account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users.

You may never use another User’s Account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your Account. You must notify us immediately of any breach of security or unauthorized use of your Account. We will not be liable for any losses caused by any unauthorized use of your Account.

You may control your User Account and how you interact within the Services by changing the settings on your settings page. By providing us with your email address, you consent to us using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may not opt-out of Service-related emails. We may also use your email address to send you other messages, such as special offers. If you do not want to receive such non-Service-related email messages, you may opt out. Opting out may prevent you from receiving email messages regarding special offers.

1C. Service Rules.

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Site servers than a human can reasonably produce in the same period of time by using a conventional web browser (except that we grant the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on the Site’s infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

1D. Access to the Services.

In order to access the Services, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and must pay any service fees associated with such access. Not all of the features available through the Services, including certain live streaming audio, video or access to high-quality video, will be available to you unless your computer or mobile device satisfies the minimum technical requirements that are presented when you first register for the Services. As we make changes to the Services, the minimum technical requirements for access to the Services may change. You are responsible for determining whether your computer or device satisfies the minimum technical requirements before you register to access the Services. Moreover, if we changes the minimum technical requirements after you initially register to access the Services such that your computer or device no longer satisfies the requirements, your exclusive remedy will be to request termination of your access to the Services.

2. User Content.

2A. Your Content Related Responsibilities.

Some Site Services allow Users to post or provide content such as profile information, videos, images, music, comments, questions, User Data (as defined below) and other content or information (any such materials a User provides, submits, posts, displays, or otherwise makes available on the Service is referred to as “User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by providing or sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. We have the right (but not the obligation) in our sole discretion to remove any User Content that is shared via the Service.

You agree not to provide User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current or (ix) violates any school, governing body or other applicable policy, including those related to cheating or ethics or recruiting. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, or otherwise have all rights necessary to use such music and grant the license to such music as anticipated below, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content.

We reserve the right, but are not obligated, to reject and/or remove any User Content, including, without limitation, any User Content that we believe, in our sole discretion, violates any of these provisions, any User Content that we believe was obtained without the proper permissions and consents, as warranted by you below, or in response to a request by another User or third party or parent or guardian of another User or third party. You understand that publishing your User Content on or through the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.

For the purposes of this Agreement, “Intellectual Property Rights” means any and all intellectual property and proprietary rights anywhere in the world, including all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant that you have the consent of each and every identifiable natural person in the User Content, if any, to use such person’s name, information or likeness in the manner contemplated by the Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use.

You have obtained and are solely responsible for obtaining all consents as may be required by law to provide any User Content relating to third parties. Your User Content, ours and other Users’ use thereof as contemplated by this Agreement and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

We may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

To the best of your knowledge, all of your User Content and other information that you provide to us is truthful and accurate.

We take no responsibility and assume no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Services. You shall be solely responsible for your User Content and the consequences of providing it, publishing it, sharing it, or otherwise making it available on the Services, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of or relating to any User Content.

2B. License Grant to User Content.

By providing or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services, our (and our successors’ and affiliates’) businesses, and as otherwise permitted under this Agreement, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You expressly acknowledge Provider’s broad rights and the rights of Provider’s partners to use your data as permitted under the Privacy Policy. You also hereby grant each User of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Services and under this Agreement.

3. User Data.

3A. Your Data Related Responsibilities.

Certain aspects of the Services allow Users to provide us with data or access to other data sources (whether online or otherwise) (“User Data”). In connection with User Data, as of the date you accepted this Agreement and throughout the term of this Agreement, you represent, warrant and agree that: (i) you have obtained such User Data lawfully, and such User Data does not and will not violate any applicable laws or a third party’s proprietary or intellectual property rights; (ii) you shall not provide any User Data or content that contains bank account information, credit or debit card information, personal information collected from children under 13 years of age without the parent’s consent, social security numbers, or health or medical information, except in designated areas of the Service which permit the receipt of such sensitive data elements. Such data may not be submitted or stored by us without our explicit consent, and we reserve the right to delete or anonymize such data if discovered stored in an unauthorized location within the Service. You are solely responsible for ensuring compliance with all privacy laws in all jurisdictions that may apply to your User Data that you share with us for the provision of Services under this Agreement. We may exercise the rights to your User Data granted under this Agreement without liability or cost to any third party.

3B. License Grant to User Data.

By submitting such User Data, or providing us with access to such User Data, you expressly grant, and you represent and warrant that you have all rights necessary to grant, all right and licenses to the User Data required for us and our subcontractors and service providers to provide the Services and otherwise use User Data as permitted under this Agreement, including, without limitation, our consultative services such as the reconciliation of data from multiple sources. You acknowledge and agree that we may collect, analyze and use User Data, including data that has been anonymized, aggregated or derived from User Data, as well as data about your access and use of the Services, for the purpose of providing, operating, analyzing, and improving the Services.

4. Mobile Software.

4A. Generally.

We may make available software to access the Services via a mobile device (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Software. We do not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. We hereby grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software.

You acknowledge that we may, from time to time, issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and we or our third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. We reserve all rights not expressly granted under this Agreement.

4B. Mobile Software Acquired on behalf of the United States Government.

If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies.

The Mobile Software will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to 48 C.F.R. § 227.7202-1 and 48 C.F.R. § 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Software originates in the United States and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Site Service.

4C. Mobile Software from Apple App Store.

The following applies to any Mobile Software you acquire from the Apple App Store (“Apple-Sourced Software”):

• You acknowledge and agree that this Terms of Use is solely between you and us, not Apple, and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Terms of Use and any law applicable to us as provider of the software.

• You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to us as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, us, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and us acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms of Use as related to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

4D. Mobile Software from Google.

The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”):

• you acknowledge that the Terms of Use is between you and us only, and not with Google, Inc. (“Google”);
• your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service;
• Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software;
• we, and not Google, are solely responsible for its Google-Sourced Software;
• Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and
• you acknowledge and agree that Google is a third-party beneficiary to the Terms of Use as it relates to the Site’s Google-Sourced Software.

5. Our Proprietary Rights.

5A. Site Content.

Except for your User Content and your User Data, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (“Site Content”), and all Intellectual Property Rights related thereto, are the exclusive property of us and our licensors (including other Users who provide User Content through the Services). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Site Content. Use of Site Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

5B. Site Property.

The Services contain additional data, information, and other content not owned by you, such as reputational or status indicators and/or fictional property representing virtual progress or achievements within the Services (“Site Property”). You understand and agree that, regardless of terminology used, Site Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at our sole discretion. Site Property is not redeemable for any sum of money or monetary value from us at any time. You acknowledge that either you do not own the Account you use to access the Services, nor do you possess any rights of access or rights to data stored by or on behalf of us or on our servers, including without limitation any data representing or embodying any or all Site Property. You agree that we have the absolute right to manage, regulate, control, modify and/or eliminate Site Property as we see fit in our sole discretion, in any general or specific case, and that we will have no liability to you based on our exercise of such right.

All data on our servers are subject to deletion, alteration, or transfer.

Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, Account history and Account content residing on our servers, may be deleted, altered, moved or transferred at any time for any reason in our sole discretion, with or without notice and with no liability of any kind. We do not provide or guarantee, and you expressly disclaim, any value, cash or otherwise, attributed to your user content and user data residing on our servers.

6. Contests, Sweepstakes and Promotions

Contests, sweepstakes and other similar promotions that you enter on the Site or in connection with the Site integrated with a third-party website, service, application, platform, and/or content (“Promotions”) may be subject to official rules and/or conditions that are supplemental to this Agreement, and which may provide details governing the Promotion such as eligibility requirements, entry instructions, deadlines, prize information and restrictions. If you wish to participate in a Promotion, please first review the applicable Promotion official rules and/or conditions. If a Promotion’s official rules and/or conditions conflict with this Agreement, the provisions contained in the official rules and/or conditions govern and control the Promotion. Your entry in to a Promotion constitutes User Content and is subject to all provisions of this Agreement that govern your submission and our use of your User Content.

7. User Submissions.

7A. Ideas about Services’ Improvements.

You may choose to, or we may invite you to, submit comments or ideas about the Services, including without limitation about how to improve the Services or products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. Please do not include any ideas that the Site’s Terms of Use will not permit it to accept or consider.

You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by its employees, or obtained from sources other than you.

7B. Unsolicited Submissions.

Neither us nor any of our affiliates or employees accept or consider unsolicited ideas for new creative, marketing, promotions, products or technologies through our Sites. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to us. This policy is not intended to serve as a barrier to receiving and responding to feedback from valued customers. The sole purpose of this policy is to avoid potential misunderstandings or disputes when we or our affiliates’ products, strategies or other materials might seem similar to ideas submitted to us.

If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, you agree that: (i) your submissions and their contents will automatically become the property of us and our affiliates, without any compensation to you; (ii) we may use or redistribute the submissions and their contents for any purpose and in any way; (iii) there is no obligation for us and our affiliates to review the submission; and (iv) there is no obligation to keep any submissions confidential.

8. No Professional Advice.

If a Service provides professional information (for example, legal, medical or compliance advice), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Services. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

9. Termination.

You may terminate this Agreement at any time by taking the necessary steps to close your Account and discontinue all use of the Services. We may, without prior notice, take the following steps: (i) change the Service; (ii) stop providing the Service or features of the Service, to you or to Users generally; or (iii) create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. You agree that we will not be liable to you or any other party for any termination of your access to the services or deletion of your account or your submission materials.

In the event of termination, however, those Sections in this Agreement which, by their nature, survive termination of the Agreement shall so survive. Specifically, and without limitation, the license you have granted to us and to third parties to use any User Content and User Data survives termination of this Agreement. Termination of this Agreement for any reason shall not entitle you to a refund under any circumstances. Upon termination of this Agreement for any reason, you shall make no further use of the Services whatsoever.

10. Privacy.

We care about the privacy of Users. You understand that by using the Services, you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in the Site’s Privacy Policy(ies), available at https://jonesentities.net/privacy-policy/ and to have your personally identifiable information collected, used, transferred to and processed in the United States.

11. Security.

We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

12. Third-Party Links & Information.

The Services may contain links to other websites or online services that are operated and maintained by third parties and that are not under our control or maintained by us.  Such links do not constitute an endorsement by us of those other websites, the content displayed therein, or the persons or entities associated therewith.  If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement, including the Site’s Privacy Policy(ies), do not apply to your use of such sites. You expressly relieve us from any and all liability arising from your use of any third-party website, service, or content, including, without limitation, User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found through the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

13. User Copyrights, Intellectual Property, and Trademarks.

We respect the copyright, intellectual property, and trademark rights of others, and takes concerns related to these rights seriously. We reserve the right to remove any content from its Services for any reason, including if it infringes the copyright, intellectual property, and trademark rights of any person under the laws of the United States. Under the appropriate circumstances, we will, and expressly reserve the right to, disable and/or terminate the Accounts of Users who are repeat copyright or trademark infringers.

13A. Procedure to Submit Copyright & Intellectual Property Infringement Notices.

Pursuant to the Digital Millennium Copyright Act (“DMCA”) found at Title 17, United States Code, § 512(c)(2), if you believe, in good faith, that your copyrighted work has been reproduced and is accessible on the Services in a way that constitutes copyright infringement, please provide our DMCA Agent with a written communication (with the subject line “DMCA Notice of Infringement”) containing the information set forth below:

• Identification of the copyrighted work claimed to have been infringed. We ask that if the work is registered, please include the copyright registration number or a copy of the registration certificate; if the work is unregistered, please include a screenshot or detailed description of the work.
• Identification of the allegedly infringing material that is requested to be removed and where it is located on the Services. We ask that you provide a hyperlink to the allegedly infringing material on the Services and describe how the allegedly infringing material infringes your work.
• Your name, address and daytime telephone number, and an e-mail address (if available), so that we may contact you if necessary.
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive copyright right that is allegedly infringed.
• A statement acknowledging that we may provide a copy of the submitted notice of infringement, including any contact information contained therein, to the user who posted the allegedly infringing content.
• An electronic or physical signature of you or someone authorized on the copyright owner’s behalf, to assert infringement of copyright and to submit the statement.

Claims of copyright infringement that include the above-required information should be submitted via postal mail or e-mail to our DMCA Agent as follows:

Blue Star Operations Services, LLC
One Cowboys Way, Suite 100
Frisco, Texas 75034
(972) 497-4326
DMCAgroup@dallasowboys.net

The foregoing information is provided exclusively for notifying us that your copyrighted or material may have been infringed. Only DMCA notices of copyright infringement will receive a response through this process. DMCA notices of infringement that do not contain all the required information (as described above) may not receive a response. If you believe your trademark is being infringed, please see the below instructions for submitting a trademark infringement notice.

13B. Procedure to Submit Trademark Infringement Notices.

If you believe in good faith that any content on the Services violates or infringes your trademark rights, please submit a Notice of Trademark Infringement to our DMCA Agent (with the subject line “Trademark Notice”) containing the information set forth below:

• Complete contact information, including first and last name, mailing address, phone number, and email address.
• Identification of the specific word, symbol, or phrase in which you claim trademark rights.
• Identification of the basis for your claim of trademark rights (e.g., federal registration, state registration), including the registration number or a copy of the registration certificate, if applicable.
• The country, territory, or jurisdiction in which you claim trademark rights.
• The category of goods and/or services for which you claim you are entitled to trademark rights.
• A hyperlink, screenshot, or other information reasonably sufficient to permit us to locate the material on the Services that you believe violates your trademark rights.
• An explanation of how you believe this content infringes your trademark.
• If you are not the owner of the trademark, an explanation of your relationship to the owner (e.g., attorney, authorized agent).
• A declaration that:

(1) You have a good faith belief that use of the trademark described above, in the manner you have complained of, is not authorized by the trademark owner, its agent, or the law;

(2) The information in your notice is accurate to the best of your knowledge and belief;

(3) Under penalty of perjury, you are the owner of the trademark allegedly infringed, or are authorized to act on behalf of the owner of that trademark.

(4) Your electronic signature or physical signature.

Claims of trademark infringement that include the above-required information should be submitted via postal mail or e-mail to the Site’s DMCA Agent as follows:

Blue Star Operations Services, LLC
One Cowboys Way, Suite 100
Frisco, Texas 75034
(972) 497-4326
DMCAgroup@dallasowboys.net

The foregoing information is provided exclusively for notifying us that your trademark may have been infringed. Only notices of trademark infringement will receive a response through this process. Notices of infringement that do not contain all the required information (as described above) may not receive a response.

13C. Gravity of Copyright, Intellectual Property, and Trademark Infringement Notices.

Please be aware that submitting a report of copyright, intellectual property, and trademark infringement is a serious matter with potential legal consequences. For example, intentionally submitting a misleading or fraudulent report may lead to liability for damages under 17 U.S.C. § 512(f), or similar laws in other countries.

Before submitting a notice of infringement, be sure to consider whether fair use or a similar exception to copyright or trademark law may apply to the use. If you are unsure whether the content you are considering reporting infringes your rights, you may wish to seek legal guidance before submitting a notice of infringement.

Do not submit a notice of infringement unless you are the owner of the copyrighted material or trademark that you believe is being infringed, or an agent authorized to act on the owner’s behalf.

14. Indemnity.

You agree to defend, indemnify and hold harmless us and our subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code. These obligations will survive any termination of this Agreement.

15. No Warranty.

The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from us or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, we, our subsidiaries, our affiliates, and our licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet and/or the Services. The Services may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Service may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of us, access to the Services may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, we shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you. You agree that we shall not be liable for any damages arising from any such interruption, suspension or termination of the Service and that you shall put in place contingency plans to account for such periodic interruptions or suspensions of the Service.

We do not warrant, endorse, guarantee, or assume responsibility for any product or Service advertised or offered by a third party through the Services or any hyperlinked website or service, and we will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.

16. Limitation of Liability.

To the maximum extent permitted by applicable law, in no event shall we, our affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this Service. Under no circumstances will we be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.

To the maximum extent permitted by applicable law, we assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall we, our affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to us hereunder or $100.00, whichever is greater.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

17. Governing Law, Arbitration, and Class Action/Jury Trial Waiver.

17A. Governing Law.

You agree that: (i) the Services shall be deemed solely based in Texas; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Texas. This Agreement shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

You agree to submit to the personal jurisdiction of the federal and state courts located in Collin County, Texas for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Collin County, Texas is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

17B. Arbitration.

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE SITE.

For any dispute with us, you agree to first contact us at dataprivacy@jonesentities.net and attempt to resolve the dispute with us informally. In the unlikely event that we are not been able to resolve a dispute it has with you after sixty (60) days, the parties each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Collin County, Texas, unless you and us agree otherwise.

If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

17C. Class Action/Jury Trial Waiver.

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO WAIVE THEIR RIGHTS TO CLASS ACTION LAWSUITS AND JURY TRIALS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE SITE.

With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and us are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

18. Assignment.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

19. Severability

This Agreement and the Site Privacy Policy(ies), together with any amendments and any additional agreements you may enter into with us in connection with the Services, shall constitute the entire agreement between you and us concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable. In the event of any conflict between this Agreement and any separate agreement(s) you may enter into with us in connection with the Services, the terms of such separate agreement(s) shall govern.

20. No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

21. Change to this Terms of Use

We may update this Terms of Use to reflect changes to our information practices.  If we make any material changes, we will notify you by email or by means of a notice on the Services prior to the change becoming effective.  We encourage you to periodically review this page for the latest information on our privacy practices.

22. Contact Us

If you have any questions about this Agreement or the terms of the Services, please contact us by email at dataprivacy@jonesentities.net or at the following address:

One Cowboys Way, Suite 100
Frisco, TX 75034
Attn: Website Privacy Notice
With a Copy to: Legal Department