Terms and Conditions
Blue Topaz Utilities
Please read these terms and conditions carefully before using this site. Your use of this site constitutes acceptance of, and agreement to be bound by, these terms and conditions. If you do not wish to be bound by these terms and conditions, you may not continue to use this site.
Website and App
These Terms govern your use of the Website and any App. By accessing and using the Site or App, you agree to be bound by and comply with these Terms. You agree that Blue Topaz Utilities may change the Terms by posting the changes on the Site. Your continued use of the Site or any App following posting of any changes will constitute your acceptance of the changes.
THE TERMS AND CONDITIONS CONSTITUTE A CONTRACTUAL AGREEMENT BETWEEN YOU AND Blue Topaz Utilities. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR ANY APP. EACH USE BY YOU OF THIS SITE OR AN APP REAFFIRMS YOUR ACCEPTANCE OF AND YOUR AGREEMENT TO BE BOUND AND TO ABIDE BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS AND CONDITIONS, YOU SHOULD NOT CONTINUE TO USE THIS SITE OR THE APP.
Unless otherwise indicated, all content, information, images, works of authorship, trademarks, service marks, trade names, data or other intellectual property appearing on the Site or in an App (the “Content”) are the property of or licensed to Blue Topaz Utilities and are protected under United States and foreign copyright, trademark, and other intellectual property laws.
Blue Topaz Utilities or its licensors own and retain all proprietary rights in the Content, the Site and any App. Except for Content which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any Content appearing on the Site or in an App.
We grant you the limited right to display the Content only on your computer screen or mobile device, to copy the Content as reasonably necessary in connection with such display, and to print and store the Content for your personal, noncommercial use, provided that all copyright or other notices of proprietary rights appear on the printed and stored versions. You will not distribute, publish, transmit, modify, create derivative works from, or in any way commercially exploit any of the Content for any purpose. This agreement gives you no rights in the Content, products, services, processes, or technology contained in our web site. All such rights are retained by Blue Topaz Utilities and any third-party owners of such rights. You may not “frame” or “mirror” any Content or portion of our Site on any other server, without our prior written permission.
We reserve the right to terminate your access to the Site or any App, or any portion of it, at any time, without notice. Any breach of this agreement will result in termination of your right to use the Site and any App. Upon termination: (1) you are no longer authorized to access or use the Site or any App; and (2) the restrictions imposed on you with respect to downloaded material, the disclaimers and the limitations of liability set forth in this agreement will survive termination.
Certain areas of the Site and the App, such as Account Information, are restricted to authorized users through use of passwords. If you are an authorized user of the restricted areas, you agree that you are responsible for maintaining the confidentiality of your password and account information, if any. You agree to notify Blue Topaz Utilities if your password is lost or stolen or if you become aware that your password has been disclosed to an unauthorized third party or is otherwise compromised. You agree to immediately notify Blue Topaz Utilities if you become aware of any unauthorized use of your account or other breach of security relating to the Site or an App.
Our Site and Apps may contain links and pointers to internet sites maintained by third parties. We do not operate or control such sites or any information, products, or services provided on such sites. Third-party links are included solely for your convenience, and do not constitute an endorsement by us. The purchase of any goods or services from such third parties is solely between you and the applicable third party. You assume sole responsibility for use of third-party links, and the disclaimer and limitation of liability provisions set forth in these Terms are applicable for your use at such third-party sites. We do not monitor or approve the privacy or security practices of such sites; you access and use them at your own risk.
OUR WEB SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXTS, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN OUR SITE OR APPS, OR THE RESULTS OBTAINED FROM ACCESSING OR USING OUR SITE OR APPS. WE DO NOT GUARANTEE YOUR RECEIPT OF EMAILS GENERATED BY OUR SITE OR APPS. WE DO NOT WARRANT THAT THE CONTENT OR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR APPS, INCLUDING THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RISKS OF USE OF OUR SITE AND APPS.
Limitation of liability
IN NO EVENT SHALL Blue Topaz Utilities ITS AFFILIATES, OR LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE OUR SITE OR APPS OR FOR ANY INFORMATION, CONTENT OR MATERIALS ON OR OBTAINED THROUGH OUR SITE OR APPS OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THIRD PARTY LINKS, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY.
You agree to indemnify and hold Blue Topaz Utilities its officers, directors, agents, and employees from and against all claims, damages, and expenses, including attorney fees, costs, and expenses at trial and on appeal, arising out of any information, message, content, or materials uploaded, posted, distributed, or transmitted to or through our Site or Apps by you, or otherwise arising out of your use of our Site or Apps.
Notice to parents
Our Site and Apps are intended only for, and may be accessed only by, persons 18 years of age or older. If we learn that we have collected personal information from a person under age 18, we will delete that information as quickly as possible. If you believe that we might have any information about a person under age 18, please contact us at Web Team.
Blue Topaz Utilities controls and operates this site from its headquarters in the U.S. state of Oregon and makes no representation that the Content is appropriate or will be available for use in other locations. All Content is solely directed to individuals, companies or other entities located in the service territory of Blue Topaz Utilities The rights and liabilities of the parties arising out of or relating to this agreement will be governed by the laws of the State of Oregon, any litigation will be conducted exclusively in state or federal courts in Portland, Oregon, and you consent to personal jurisdiction of such courts.
This agreement will be deemed to include all other notices, policies, disclaimers, and other terms contained within or applicable to particular portions of our Site and any App; provided however, that in the event of a conflict between such other terms and these Terms, these Terms will control. This is the entire agreement between us and you with respect to our Site and any Apps. Blue Topaz Utilities reserves the right to modify these Terms without prior notice to you. Continued use of this Site or any App shall constitute acceptance and agreement to be bound by the modifications. If any portion of this agreement is found to be unenforceable, the remaining provisions will be enforced to the full extent permitted by law.
Please direct questions regarding these Terms or the content of our Site or Apps to a member of our team.