Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the website http://www.bluecupola.com (the “Site”) operated by Blue Cupola Analytics, Inc (“Blue Cupola Analytics”,”us", "we", or "our"). Your access to any page of the Blue Cupola Analytics website and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access Blue Cupola Analytics website or use the Service. By accessing the Site or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Site or the Service.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for Your use or logging into a server or account which You are 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 other user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, 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 e-mail posting. Violations of system or network security may result in civil or criminal liability. Blue Cupola Analytics will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users of the Site or the Service who are involved in such violations.
Your use of the Site or the Service is subject to the Blue Cupola Analytics Privacy Policy. For information on our privacy practices, please see the privacy policy.
You must be 13 years of age or older to use the Site or the Service in any manner. By visiting the Site or using the Service and accepting these Terms of Use, you represent and warrant to Blue Cupola Analytics that you are 13 years of age or older, and that you have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to Blue Cupola Analytics that you will use the Site in a manner consistent with any and all applicable laws and regulations.
The contents, appearance and design of this Web Site, including text, graphics, images, logos, button icons, software and other "Material", are protected under both United States and foreign copyright, trademark and other laws. All Material is the property of the Blue Cupola Analytics or, where applicable, its content suppliers. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not reproduce, display, publicly perform, distribute, copy, download, license, modify or otherwise use the Material in any way for any public or commercial purpose without the prior written permission of Blue Cupola Analytics.
Our Service may contain links to third-party websites or services that are not owned or controlled by Blue Cupola Analytics. Blue Cupola Analytics has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Blue Cupola Analytics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
You agree to defend, indemnify and hold harmless Blue Cupola Analytics, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including but not limited to attorneys’ fees, arising out of the use of any Service by you, or by anyone else using your Login Credentials.
While Blue Cupola Analytics uses reasonable efforts to include up to date information on the Site or Service, Blue Cupola Analytics makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. BLUE CUPOLA ANALYTICS PROVIDES THE SITE OR SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUE CUPOLA ANALYTICS, ITS PARENT, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BLUE CUPOLA ANALYTICS DOES NOT WARRANT THAT THE SITE, OR YOUR ACCESS TO OR USE OF THE SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. BLUE CUPOLA ANALYTICS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE OR SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLUE CUPOLA ANALYTICS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. BLUE CUPOLA ANALYTICS MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND BLUE CUPOLA ANALYTICS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE, OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE OR THE SERVICE, EVEN IF THE COMPANY OR ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
The Site or the Service is controlled and operated by Blue Cupola Analytics located in the United States. Blue Cupola Analytics makes no representation that materials in the Site or the Service are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site or the Service from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you use the Blue Cupola Analytics website from other locations, you are responsible for compliance with applicable local laws.
The Contract, and any disputes arising out of or related hereto, will be governed exclusively by the internal laws of the State of California, without regard to its conflicts of laws rules or the United Nations Convention on the International Sale of Goods.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Blue Cupola Analytics, Inc
12 East 49th Street 11th floor
New York, NY 10017