These Terms of Use (“Terms”) govern your access to and use of the website located at www.bluecatweb.com, including any other websites, pages, or content operated by or on behalf of BlueCat that link to these Terms (collectively, the “Site”). By accessing or using the Site, or by engaging BlueCat in any manner, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site.
1. Overview and Scope
BlueCat Marketing, doing business as BlueCat (“BlueCat,” “Company,” “we,” “us,” or “our”), is a Florida-based business that provides website design, development, hosting, maintenance, and membership-based services, as well as related consulting and marketing services (collectively, the “Services”).
These Terms govern your use of the Site. The Site is provided primarily for informational, marketing, and lead-generation purposes. BlueCat does not operate a public software platform or client portal through the Site.
Any Services provided by BlueCat are governed by separate written agreements, proposals, statements of work, memberships, or other contractual documents (each, a “Service Agreement”). In the event of a conflict between these Terms and a Service Agreement, the Service Agreement will control.
2. Acceptance of Terms
By accessing the Site, submitting information through the Site, or engaging BlueCat for Services, you represent that you have read, understood, and agree to be bound by these Terms, as well as any additional terms or agreements referenced herein or provided in connection with specific Services.
If you are accessing or using the Site on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
3. Use of the Site
You agree to use the Site only for lawful purposes and in accordance with these Terms. You may not:
- Use the Site in any manner that violates applicable laws or regulations
- Attempt to gain unauthorized access to the Site, servers, or systems
- Introduce malware, viruses, or other harmful code
- Interfere with or disrupt the integrity or performance of the Site
- Use the Site to infringe upon the intellectual property or other rights of BlueCat or third parties
BlueCat reserves the right, in its sole discretion, to suspend, restrict, or terminate your access to the Site at any time and for any reason, including suspected misuse or violation of these Terms.
4. Services and Engagements
Information provided on the Site regarding Services is for general informational purposes only and does not constitute a binding offer. Any engagement for Services requires a separate Service Agreement executed by the parties. BlueCat reserves the right to accept or decline any potential engagement, membership, or project at its discretion.
5. Intellectual Property Rights
All content on the Site, including text, graphics, logos, designs, layouts, images, code, and other materials (collectively, the “Content”), is owned by or licensed to BlueCat and is protected by applicable intellectual property laws. Except as expressly permitted in writing by BlueCat, you may not copy, reproduce, distribute, modify, display, publish, or create derivative works from any Content without prior written consent.
Nothing in these Terms grants you any right, title, or interest in or to the Content, trademarks, or other intellectual property of BlueCat.
6. User Submissions
Any information or materials you submit through the Site, including inquiries, messages, or other communications (“Submissions”), are provided voluntarily. You grant BlueCat a non-exclusive, royalty-free, worldwide right to use, reproduce, and process such Submissions for the purpose of responding to your inquiry, evaluating potential engagements, and operating the Site.
You represent that any Submissions you provide do not violate the rights of any third party and do not contain unlawful or harmful material.
7. Privacy
Your use of the Site is subject to BlueCat’s Privacy Policy, which describes how we collect, use, and protect information. By using the Site, you consent to the collection and use of information as described in the Privacy Policy.
8. Third-Party Links and Resources
The Site may contain links to third-party websites or resources. BlueCat does not control and is not responsible for the content, availability, or practices of any third-party sites.
Your access to and use of third-party websites is at your own risk and subject to the terms and policies of those third parties.
9. Disclaimers
THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLUECAT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
BlueCat does not warrant that the information provided on the Site is accurate, complete, or current, and disclaims any obligation to update such information.
10. Limitation of Liability
To the maximum extent permitted by law, BlueCat shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to your access to or use of, or inability to access or use, the Site or any services, whether based on warranty, contract, tort, or any other legal theory, and whether or not BlueCat has been advised of the possibility of such damages.
BlueCat makes no representation or warranty that use of the Site or any services will result in any particular outcome or benefit, and you acknowledge and agree that you assume all risk associated with your use of the Site.
11. Indemnification
You agree to indemnify, defend, and hold harmless BlueCat and its officers, directors, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, and expenses arising out of or relating to your use of the Site, violation of these Terms, or infringement of any rights of another party.
12. Termination
BlueCat may terminate or suspend your access to the Site at any time, without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination shall survive, including intellectual property, disclaimers, limitation of liability, and indemnification provisions.
13. Governing Law and Venue
These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles.
Any legal action or proceeding arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in Florida, and you consent to the personal jurisdiction of such courts.
14. Changes to These Terms
BlueCat reserves the right to modify these Terms at any time. When changes are made, the “Last updated” date at the top of this page will be revised. Your continued use of the Site after changes become effective constitutes acceptance of the revised Terms.
If you do not agree to any updated Terms, you must discontinue use of the Site.
15. Contact Information
If you have questions about these Terms or the Site, please contact us at hello@bluecatweb.com