Terms and Conditions for Use of Website

Last updated: November 12, 2017

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.bluepathsolutions.com web site (the “Website”) operated by BLUEPATH SOLUTIONS, INC. a CA corporation (“us”, “we”, or “our”).

Your access to, and use of, the Website is conditioned upon your acceptance of, and compliance with, these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you are using the Website in your capacity as an employee, owner, or otherwise as an agent of another person or entity, you hereby affirm that you are authorized to represent such person or entity, and in that capacity, you agree that the person or entity that you represent will be bound by these Terms. You further represent and warrant that you are of legal age to form a binding contract, and that no legal reason exists that we should deny you access to the Website.

If you disagree with any part of the Terms, then you do not have permission to access the Website.

Intellectual Property

The Website and its original content, features, and functionality are, and will, remain the exclusive property of BLUEPATH SOLUTIONS, INC., and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States, and foreign countries. Our trademarks and trade dress may not be used in connection with any product or third party website without the prior written consent of an authorized representative of BLUEPATH SOLUTIONS, INC.

Links To Other Websites

Our Website may contain links to third party websites or services. We neither control, nor endorse such other websites, nor have we reviewed or approved any information or content that appears on such other websites. We do not warrant the offerings or services of any of these unrelated entities/individuals, or their websites. We recommend that you take reasonable precautions (such as scanning for viruses) with regard to any links that you choose to click through as you do so at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any third party websites that you visit.

BLUEPATH SOLUTIONS, INC., assumes no responsibility for the content, privacy policies, or practices of any such third party websites. You acknowledge and agree that BLUEPATH SOLUTIONS, INC., shall not be responsible or liable, directly or indirectly, for the quality, accuracy, legality, advertising, goods, services, or information located on, or through, any third party websites, nor 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 third party websites.

Termination

We may terminate or suspend your access to the Website immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever, including, without limitation, a breach of the Terms.

All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless BLUEPATH SOLUTIONS, INC., and its licensees, licensors, 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 and costs), resulting from, or arising out of (i) your use, and access of the Website; or (ii) a breach of these Terms.

BLUEPATH SOLUTIONS, INC., reserves the right to assume the defense and control of any indemnified claim, and all negotiations for settlement or compromise thereof, and you agree that you will, if and as requested by BLUEPATH SOLUTIONS, INC., fully cooperate with us in the defense of any such indemnified claim in addition to your other indemnity obligations hereunder.

Limitation of Liability

In no event shall BLUEPATH SOLUTIONS, INC., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from, or arising out of (i) your access to, or use of, or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and, (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

The Website is provided on an “AS IS” and “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF WHATSOEVER NATURE, EXPRESSED OR IMPLIED, IT BEING OUR INTENTION TO NEGATE AND EXCLUDE ALL WARRANTIES. NO OPINION, ADVICE, OR STATEMENT OF BLUEPATH PARTIES, WHETHER MADE IN THESE TERMS, ON THE WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLUEPATH SOLUTIONS, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, AND AGENTS (collectively the “BLUEPATH PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, (i) THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE; (ii) WARRANTIES OF TITLE AND NON-INFRINGEMENT; (iii) WARRANTIES THAT THE WEBSITE OR THE SERVER ON WHICH THE WEBSITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (iv) WARRANTIES RELATING TO THE ADEQUACY, ACCURACY, TIMELINESS, QUALITY, SAFETY OR COMPLETENESS OF ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE WEBSITE; (v) WARRANTIES THAT THE SITE WILL BE AVAILABLE FOR USE AT ANY PARTICULAR TIME OR LOCATION; (vi) WARRANTIES THAT THE WEBSITE WILL PERFORM AS DESCRIBED OR THAT ANY ERRORS WILL BE CORRECTED; (vii) WARRANTIES THAT ALL FEATURES, FUNCTIONS OR OPERATIONS OF THE SITE WILL BE AVAILABLE FOR UNINTERRUPTED, ERROR FREE, OR SECURE USE; (viii) WARRANTIES THAT THE PURPOSE AND/OR RESULTS FROM ACCESSING AND USING THE WEBSITE WILL MEET YOUR REQUIREMENTS; AND, (ix) ALL OTHER WARRANTIES WHATSOEVER CONTAINED IN OR CREATED BY CALIFORNIA LAW.

 

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, and therefore, the limitations above may not apply to you.

General

This Website is created, controlled and operated by BLUEPATH SOLUTIONS, INC., in the United States, and is intended for use by persons who are at least 18 years of age or older.

Entire Agreement

These Terms constitute the entire agreement between us regarding our Website, and the accessing and use thereof, and supersede and replace any prior agreements, oral or written, we might have had between us regarding the Website, and the accessing and use thereof.

Amendment

Any amendment to these Terms offered by you must be in writing, and signed by the Managing Director of BLUEPATH SOLUTIONS, INC.

Changes

We reserve the right, at our sole discretion and without notice or liability to you, to change and modify these Terms at any time. Changes to the Terms will be effective immediately after we post the modified Terms, and as a result, we encourage you to read these Terms from time to time to ensure that you are aware of your current and continuing rights and responsibilities in accessing and using the Website. Continued access and use of the Website after changes to these Terms have been published constitutes your binding acceptance of the modified Terms. If at any time the Terms are no longer acceptable to you, or you do not agree to the modified Terms, you should cease accessing and using the Website immediately.

Non-Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Captions

Headings and captions contained in these Terms are included for convenience only, and are not intended to define or govern the interpretation of any section or provision hereof.

Severability

If any provision of these Terms is held to be invalid or unenforceable by a Court, the remaining provisions of these Terms will remain in effect.

Choice of Law & Forum

These Terms shall be governed and construed in accordance with the laws of the State of California, U.S.A., without regard to its conflict of law provisions. Any dispute relating to these Terms shall be subject to the exclusive jurisdiction of the State and Federal Courts in Los Angeles, California, U.S.A. By accessing or using the Website, you consent to the personal and exclusive jurisdiction of the Los Angeles Superior Court (Central District) of the State of California and/or the United States District Court, Central District of California, agree to submit to the jurisdiction of these Courts, and hereby waive any and all venue and jurisdictional objections, whether personal or subject matter, thereto, and also consent to service of process by any means authorized pursuant to California law.

Assignment

The rights and obligations of BLUEPATH SOLUTIONS, INC., under these Terms may be assigned or delegated, in whole or in part, by BLUEPATH SOLUTIONS, INC., at any time, in its sole discretion. You may not assign or delegate these Terms, in whole or in part, and any attempt to do so will be null and void.

Cumulative Rights

Except as otherwise provided herein, no rights or remedies of BLUEPATH SOLUTIONS, INC., under these Terms, or granted by law (collectively “Right”), are exclusive, but are cumulative of all other rights and remedies. No single Right is exclusive of any other Right(s).

No Third Party Beneficiaries

These Terms shall not be construed as creating any right, claim, or cause of action on behalf of any third party. There are no third party beneficiaries of these Terms.

Contact Us

If you have any questions about these Terms, please contact BLUEPATH SOLUTIONS, INC.’s designated representative in writing as follows:

Matthew Gitlin, PharmD
Managing Director
BLUEPATH SOLUTIONS, INC.
10951 West Pico Blvd, Suite 120
Los Angeles, CA 90064 USA
Office: 310-774-0406 Ext: 301

Copyright © 2017 BLUEPATH SOLUTIONS, INC.