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Terms Of Use
Welcome to Blue Gable

These Terms of Service (these “Terms”) explain how you can use the Blue Gable mobile apps, websites, services and software (collectively “Blue Gable”), provided by Blue Gable, (“Blue Gable,” “we” or “our”) so please read these Terms before you get started. They apply to all visitors, users and others who access Blue Gable (“users”).

By using Blue Gable you agree to be bound by these Terms and to the collection and use of your information as spelled out in our Privacy Policy. If you are using Blue Gable on behalf of a group or organization, you agree to these Terms for that group or organization and represent that you have the authority to do so (in that case, “you” and “your” refers to that group or organization).

Using Blue Gable

Blue Gable is an app that helps you manage your building projects from your mobile device. When you sign up to use the app, you authorize Blue Gable to securely access your messages, photos and tasks. You retain any ownership and intellectual property rights you have in the content in your application (see the Copyright section of these Terms for more detail).

When signing up for Blue Gable, you agree to provide accurate information. You also understand that you’re responsible for the activity in your Blue Gable account and for safeguarding any passwords that you use. This goes without saying, but you‘re not allowed to access another user’s account without permission. 

Lots of people rely on Blue Gable, and we trust you to use Blue Gable and our services responsibly - which means, for example, you agree not to interfere with Blue Gable or our services or try to access them using a method other than the interface and the instructions that we provide.
You agree not to:

  • copy, distribute, or disclose any part of Blue Gable in any medium,
  • probe, scan, or test the vulnerability of any system or network;
  • breach or otherwise circumvent any security or authentication measures;
  • interfere with or disrupt any user, host, or network, for example: don’t send a virus, overload, spam, or mail-bomb any part of Blue Gable;
  • plant malware or otherwise use Blue Gable to distribute malware;
  • send unsolicited communications, promotions or advertisements, or spam;
  • send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
  • publish anything that is fraudulent, misleading, or infringes another's rights;
  • impersonate or misrepresent your affiliation with any person or entity;
  • sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any Blue Gable reservation codes;
  • violate the law in any way, or to violate the privacy of others, or to defame others. (for example, sending illegal or defamatory messages with Blue Gable)

We may permanently or temporarily revoke or suspend your access to Blue Gable without notice and liability for any reason including your violation of these Terms. Upon termination for any reason or no reason, you continue to be bound by these Terms.

Who can use Blue Gable?

You can use Blue Gable only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws and regulations. Sorry kids - use of Blue Gable by anyone under 13 is strictly prohibited.
Blue Gable has two types of users: 1) Subscribers and 2) Invitees of subscribers. Invitees do not pay for the app but their use is limited to the confines of the project they are invited to.
Subscribers have the ability to create new projects and invite people to collaborate on those projects.
Subscriptions commence once payment is made by the customer and continue for a 1 year term. Each subscription is for a single Authorized User and is personal to that Authorized User. Subscriptions renew automatically every year on the payment anniversary date unless cancelled by the customer.
A customer can cancel their subscription at any time by emailing info@blue-gable.com or through the help function within the application. If the customer cancels within 60 days of payment, they will receive a full refund. After 60 days there won’t be any refunds but the customer will be able to continue using the app for the remainder of the year with full functionality. At the end of the year the customer will have access to the projects that are already setup within the application but they won’t be able to create any new projects.

Content
Your stuff is your stuff

By using Blue Gable, you allow Blue Gable to help manage content, instant messages, photos, tasks, and attachments (anything you upload, submit, or transmit through Blue Gable, collectively “your stuff”). You retain ownership of any intellectual property rights that you hold in your stuff. So, what belongs to you remains yours - we don’t own it. These Terms do not give us any rights to your stuff or intellectual property except for the rights we need to provide Blue Gable to you, as explained in these Terms. You are responsible and liable for anything you copy, share, upload, download, attach, send, receive, record or otherwise do while using Blue Gable, and you represent that your stuff is actually your stuff or that you have all necessary rights to use your stuff on or through Blue Gable.

By using Blue Gable, you give Blue Gable permission to do things you ask it to do with your stuff, for example, hosting or sharing your stuff as you direct it to through Blue Gable. This includes sending messages (including those with attachments), photos, and tasks and providing previews to documents and images. It also includes creating backups of your recent and deferred stuff to ensure it is safe and always accessible to you. By using Blue Gable, you give Blue Gable the permissions needed to provide its services to you through Blue Gable, including extending that permission to trusted third parties that help us to run Blue Gable (like Amazon, which hosts our servers and Stripe, which handles our billing).

Our stuff is our stuff

We retain our rights title and interest in Blue Gable, and all that makes up Blue Gable, including, without limitation, software, design, text, graphics, logos, patents, trademarks, service marks, copyrights (“our stuff”), and all intellectual property rights related to our stuff. Subject to these Terms, we give you a non-exclusive, limited, non-transferable, freely revocable license to use Blue Gable for your personal, noncommercial use only (aka you can’t resell Blue Gable). Just like you retain ownership over your stuff, we reserve all rights not expressly granted in these Terms in Blue Gable and our stuff. These Terms do not provide you with any rights to use our trademarks, logos, domain names, or other brand features. Use of our stuff for any purpose not expressly permitted by these Terms is strictly prohibited.

You may choose to give us feedback or ideas about Blue Gable, including improvements (“ideas”). By submitting an idea, you agree that you’re doing it out of the goodness of your heart and not for financial gain or other recognition. We are free to use the idea or share it with others, or we may use a similar idea, developed by our employees or obtained from another source.

Copyright

You are responsible and liable for your stuff and what you otherwise copy, share, upload, download, attach, send, receive, record or otherwise use while using Blue Gable.

Privacy and Security

Your privacy is extremely important to us - 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. Please review our Privacy Policy, which explains exactly how we collect and store your stuff.

Software

Software from Blue Gable: Some use of Blue Gable requires you to download a client software package (“the app”). To use the app you must have a device that is compatible, so we cannot guarantee that the app will work on your device. We grant you a limited, nonexclusive, nontransferable, revocable license to use the app, solely to access Blue Gable. Your license to use the app is automatically revoked if you violate these Terms. You may not copy, modify, distribute, sell, or lease any part of Blue Gable or included software, nor may you reverse engineer or attempt to extract the source code of that software (unless laws prohibit those restrictions or you have our written permission or delete the copyright and other proprietary rights notices on the app).

Software from iTunes and Google Play: You acknowledge and agree these Terms are solely between you and Blue Gable, not Apple or Google, and that Apple and Google has no responsibility for Blue Gable or the content sent or received using Blue Gable. Your use of Blue Gable must comply with the App Store Terms of Service.

App Updates: From time to time, we may issue upgraded versions of the app. You agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the app is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the app or a copy of the app, and Blue Gable and our partners and suppliers retain all rights and interest in the app. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.

Modifying and Terminating Service

We are constantly changing and improving Blue Gable. We may add or remove features, and while we’ll do our best to give you advance notice about any major changes, you understand that we may stop, suspend, or change Blue Gable at any time without prior notice. We may also remove content from Blue Gable at our discretion.

Indemnity

You agree to defend, indemnify and hold harmless Blue Gable and its subsidiaries, agents, licensors, 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 Blue Gable, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (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) any claim or damages that arise as a result of any of your stuff or any that is submitted via your account; or (vi) any other party’s access and use of Blue Gable with your unique username, password or other appropriate security code.

No Warranty

We promise to provide you with a great service, but we can’t promise everything. Blue Gable is provided on an “as-is” and “as available” basis. Use of Blue Gable and the software is at your own risk. To the maximum extent permitted by applicable law, Blue Gable and the software is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Blue Gable and its licensors, do not warrant that the content is accurate, reliable or correct; that Blue Gable or the software will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that Blue Gable or the software is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of Blue Gable is downloaded at your own risk and you will be solely responsibly for any damage to your computer system or mobile device or loss of data that results from such download or use of the service.

Limitation of Liability

To the maximum extent permitted by law, in no event will Blue Gable, its affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Blue Gable has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the greater of $20 or the amounts paid by you to Blue Gable for the past three months of the services in question. Some states do not allow the types of limitations in this paragraph, so they may not apply to you. Blue Gable is controlled and operated from facilities in Canada. Blue Gable makes no representations that Blue Gable is appropriate or available for use in other locations. Those who access or use Blue Gable from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Federal and local laws and regulations, including but not limited to export and import regulations.

Notification Procedures and Changes to these Terms

Blue Gable 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 our website, as determined by Blue Gable in our sole discretion. Blue Gable reserves 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 these Terms. Blue Gable is 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. Blue Gable may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of Blue Gable after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) Blue Gable.

Arbitration

Arbitration: For any dispute with Blue Gable, you agree to first contact us at info@Blue Gable.com and attempt to resolve the dispute with us informally. In the unlikely event that Blue Gable has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Blue Gable claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, 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 Blue Gable are each waiving the right to a trial by jury or to participate in a class action.

These Terms constitute the entire and exclusive agreement between you and Blue Gable with respect to Blue Gable, and supersede and replace any other agreements, terms and conditions applicable to Blue Gable. These Terms create no third party beneficiary rights. Blue Gable’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but may be assigned by Blue Gable without restriction. Blue Gable and you are not legal partners or agents; instead, our relationship is that of independent contractors.

Please contact us at info@Blue Gable.com with any questions regarding these Terms.

Last Modified: October 25, 2020