Terms of Service
Last Modified: Sept 15, 2020
Welcome to Blue Level’s learning management system (LMS)!
The following are the terms and conditions for the use of the Service (as defined below), which each user of the Service is required to accept and agree to prior to accessing and using the Service (the “Terms of Service”).
By accessing and using BlueLevel’s learning management system (LMS) and the cloud-based hosted version of the proprietary online tutorials, training programs (“Training Programs”) and other related content, documentation, handbooks, notes, manuals and materials (collectively, the “Service”), either by a) accepting the Terms of Service online or b) using, or accessing the Service after being made aware of these Terms of Service, YOU ACKNOWLEDGE THAT YOU HAVE READ AND THAT YOU UNDERSTAND ALL OF THE PROVISIONS CONTAINED HEREIN AND YOU HAVE THE AUTHORITY TO AGREE TO, AND YOU HEREBY CONFIRM THAT YOU ACCEPT AND AGREE TO, COMPLY WITH AND BE BOUND BY, ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF SERVICE, WHICH ARE SUBJECT TO CHANGE FROM TIME TO TIME WITHOUT NOTICE AND IN OUR SOLE DISCRETION. Furthermore, you agree to consult BlueLevel’s Terms of Service and Privacy Policy which is incorporated herein by reference from time to time and acknowledge that your continuing use of the Service means that you have accepted any changes that may have been made. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. The are only offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with BlueLevel. If you do not meet this requirement, you must not access or use the Services.
IF, AFTER READING THESE TERMS OF SERVICE, YOU DO NOT ACCEPT OR AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN, YOU SHALL NOT USE, OR ACCESS THE SERVICE.
These Terms of Service have been drawn up in English at the express wish of the parties. Il est de la volonté expresse des parties que ces modalités de service soient rédigés en anglais.
For the purposes hereof, the terms “BlueLevel”, “we,” “us,” and “our” mean Blue Level Inc., a company with an address at 2915 Ogletown Rd, Newark, DE 19713, USA.
Disclaimer of Warranty
We make every effort to ensure that the information on the Service is reliable when published. Despite our best efforts, we cannot guarantee that the information is accurate or complete, free from error or omission, or that it is up-to-date at all times. We cannot guarantee that the Service will be accessible at all times, without interruption, or that it will be free from errors. We shall not be held responsible for any damages that may result from the inaccessibility of the Service, or from any difficulties that you may experience while accessing or using the Service, including: an interruption of service; a network failure; the malfunction of any equipment, computer hardware or software; or any faulty, incomplete, incomprehensible or deleted transmission, whether or not such difficulties have been brought to our attention. In general and without limiting the specific cases of limitation of liability mentioned above, and notwithstanding any provisions to the contrary, we shall not be held responsible for any damages that may result from or relate to the Service and/or the Training Programs and other related content, documentation, handbooks, notes, manuals and materials (the “Content”).
Termination of the Service and/or Services
We reserve the right to suspend, and/or terminate, at any time, without warning, full or partial access to: the Service, including your account and any of the Training Programs and the Content, if you fail to strictly comply with the terms and conditions set forth herein or in connection with maintenance required to the Service. We additionally reserve the right to discontinue uploading Content on the Service, in which case we shall not be held responsible for any damages that you may incur. All information on the Service is subject to change without prior notice.
Hyperlinks
The Service may contain hyperlinks that may direct you to the websites of our other service providers or third parties. The fact that the Service offers links to websites of third parties does not mean that we endorse or approve the content of these websites or the products, services or publications that may appear thereon. The content available through these hyperlinks is not subject to our policies. Therefore, we shall not be held responsible for any damages that you may incur when you are redirected to another website by way of a hyperlink.
Your use of the Service
The Service (including the Training Programs and the Content) is made available to you and provided exclusively for your personal and non-commercial use. You cannot use the Service in a manner that competes with BlueLevel's activities. You cannot archive, capture, reproduce, modify, adapt, create derivative works from, rent, lease, lend, sell, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights to the Service, the Training Programs or the Content.
You are prohibited from and agree not to submit to the Service any information that is inappropriate, obscene, or fraudulent. You are prohibited from and agree not to engage in any activity related to the use of the Service that constitutes a criminal offence, unlawful action or violation of the Terms of Service or the Privacy Policy.
BlueLevel will automatically and without notice suspend your access to the Service if BlueLevel has reasonable grounds to believe that your use of the Service constitutes or is related to any criminal activity, unlawful act, violation of the Terms of Service or the Privacy Policy, or that you have attempted or are attempting to do the foregoing. BlueLevel also reserves the right to transmit automatically and without notice any information that BlueLevel deems relevant (including personal information) to the appropriate authorities to prevent or stop any criminal or unlawful act, especially if the health and/or well-being of the Service’s users are at risk.
You must not use on the Service any form of destructive software such as viruses, worms, Trojan horses, time bombs, cancelbots or other harmful components, files, programs or computer codes designed to interrupt, destroy or limit the functioning of the Service. You may not attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service by password extraction or other means; interfere with or disrupt networks or servers connected to the Service or violate the regulations, policies or procedures of such networks; and use, download or otherwise copy, or provide to a person or entity, the user directory or other user information, or data on the use or any portion thereof for purposes other than those used for the Service.
To use the Service, you must register and create a personal user account. You will need to submit to Blue Level personal information such as your name, and email address. Your account information must be accurate, complete and up-to-date at all times. Otherwise, your access to your account may be suspended or terminated automatically and without notice.
You understand and agree that you are responsible for maintaining the confidentiality of the passwords associated with your account. You agree that you will be solely responsible for activities that occur under your account. If you become aware of any unauthorized activity, whether criminal or illegal, you agree to notify Blue Level immediately at the following e-mail address: info@blueleveltraining.com or by phone at +1 551 501 9341.
You are solely responsible for obtaining, configuring and maintaining any hardware, network connectivity and third-party software required to access the Service, including internet connections, computers, operating systems, web browsers and storage devices.
Indemnification
You agree to indemnify and hold us harmless from all damages and causes of action arising from any of your actions or omissions related to your use of the Service in violation of the Terms of Service or the Privacy Policy in effect at the time of your applicable action or omission, or in violation of applicable laws. We assume no responsibility or liability that may arise from any act or omission, unlawful content, transmission or upload of a user.
Disclaimer Clause
You acknowledge that you are using the Service and that you rely on it at your own risk.
THE SERVICE (INCLUDING THE TRAINING PROGRAMS AND THE CONTENT) ARE PROVIDED ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND. BLUELEVEL AND ITS LICENSORS AND/OR SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE REGARDING THE SERVICE (INCLUDING THE TRAINING PROGRAMS AND THE CONTENT) AND BLUELEVEL SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS INCLUDING ANY IN RESPECT TO NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, BlueLevel, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness or timeliness of the Service (including the Training Programs and the Content).
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS MADE AVAILABLE FOR INFORMATION, EDUCATION AND TRAINING PURPOSES ONLY. THE SERVICE AND THE CONTENT ARE NOT DESIGNED OR INTENDED TO CONSTITUTE MEDICAL OR PUBLIC HEALTH ADVICE, OR TO BE USED FOR DIAGNOSIS.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL BLUELEVEL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THE USE OF THE SERVICE (INCLUDING THE TRAINING PROGRAMS AND THE CONTENT), A THIRD PARTY WEBSITE, OR THAT ARISES FROM ANY ACTS OR OMISSIONS OF A USER, THE INABILITY TO USE OR ACCESS THE SERVICE, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT BLUELEVEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL BLUELEVEL'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO BLUELEVEL FOR THE SERVICES IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IT Security
We comply with the applicable law governing the protection of personal information. In addition, We use encryption techniques to protect the confidentiality of the information exchanged between you and our Service. We also protect information exchanged when the Service is accessed through a non-secure platform or infrastructure or in a public location, which could endanger the security of your personal information. However, we shall not be held responsible for any damages that you may incur as a result of your access to the Service under such circumstances.
E-mail or telephone communications (including SMS) are neither secure nor confidential. They can be lost or intercepted, in much the same way as communications by other means (for example, by post). No electronic system is completely secure or error-free. We shall not be held responsible for any damages that you may incur from using our Service or from any exchange of e-mail or electronic messages (including SMS), whether originating from you or from us.
You alone are responsible for ensuring the protection and safekeeping of your data (including the credentials related to your account) when using the Service and your computer platforms and devices.
Trademarks and Intellectual Property
All Content (including training programs, documentation, handbooks, notes, manuals and materials, text, illustrations, graphics, images, photographs, audio and video clips, software and codes available on the Service, including the manner in which the Content is presented) is protected by applicable laws, notably under copyright law, and belongs to BlueLevel and/or its affiliates. You are prohibited from: i) using, reproducing, modifying, adapting, translating, downloading or transmitting the Content, in whole or in part, or otherwise permit access; ii) modifying, removing or covering any trademark or property notice included in or on the Content or the Service; and iii) decompiling, disassembling, decrypting, extracting the Service or performing reverse engineering on the Service or their components, including, but not limited to, software, or assist anyone in doing the foregoing.
Certain names, words, titles, phrases, graphics, logos, icons or designs used on the Service may be trademarks belonging to BlueLevel or its licensors, service providers or used with the consent of third party owners. You agree not to remove, edit or otherwise alter trademarks, service marks, logos and other proprietary information contained on the Service or the Content. The trademarks, the Content and the information contained on the Service may not be reproduced, in whole or in part, or used in any way without obtaining our prior written consent.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of the State of Delaware, U.S.A., and of the laws of the U.S.A. applicable therein without regard to its choice of law or conflicts of law principles. You agree that any dispute is to be submitted to a Delaware court of competent jurisdiction.
Entire Agreement
These Terms of Service, together with the Privacy Policy, constitute the entire agreement between you and BlueLevel regarding your use of the Service and any other subject matter herein, and they replace any previous agreement, representation, warranty or understanding, whether verbal or written, express or implied, in this regard. If any portion of these Terms of Service is declared or held unlawful, invalid, or unenforceable, then such portion of these Terms of Service shall be deemed severed herefrom and shall not affect the validity or enforceability of the remainder of these Terms of Service.
Enurement
These Terms of Service are binding upon and shall enure to the benefit of both parties and their respective heirs, agents, legal representatives, assignees, successors (including any successor resulting from a merger or other statutory arrangement) and permitted assigns.
Assignment
You shall not assign or transfer your rights or obligations hereunder or otherwise without our prior written consent, which consent shall be at our sole discretion.