Terms of Use

The following are terms of a legal agreement (the ‘Agreement’) between you and blueKiwi. By accessing and/or browsing this or other websites owned or operated by blueKiwi, you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use our websites.

Prohibited Uses. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from our sites. The foregoing prohibition expressly includes, but is not limited to, the practices of ‘screen scraping’ or ‘database scraping’ to obtain lists of users or other information. You will not provide to blueKiwi any untrue, inaccurate or false user information or impersonate or falsely represent your affiliation with any person or entity. Except with the written permission of blueKiwi, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of our sites. Unauthorized individuals attempting to access prohibited areas of our sites may be subject to prosecution.

No Unlawful or Prohibited Use. As a condition of your use of our sites, you warrant to blueKiwi that you will not use our sites for any purpose that is unlawful or prohibited by these terms, conditions and notices. If you violate any of these terms, conditions or notices, your permission to use our sites automatically terminates.

Disclaimer of Warranties and Limitations of Liability. You use our sites at your own risk. Information on our sites may contain technical inaccuracies or typographical errors. blueKiwi assumes no responsibility regarding the accuracy of the information that is provided by blueKiwi and use of such information is at the recipient’s own risk. blueKiwi provides no assurances that any reported problems may be resolved with the use of any information that blueKiwi provides.

The information, software, products and services published on our sites may include inaccuracies or typographical errors. Changes are periodically added to the information herein. blueKiwi may make improvements or changes to our sites at any time. All information, products and services are provided as is and without warranty of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and noninfringement, neither blueKiwi nor its affiliates guarantee that their security procedures will prevent the loss of, alteration of, or improper access to, your information. blueKiwi is not responsible for invalid destinations and transmission errors in, corruption of, or the security of your information carried by means of internet carriers. blueKiwi makes all its sites ‘as is’ and makes no warranty that it sites will be uninterrupted, timely, secure or error free. You understand and agree that any material or data downloaded or otherwise obtained through the use of our sites is done at your own discretion and risk and that you will be solely responsible for any damage that results from the download of such material and/or data.

blueKiwi disclaims any liability or responsibility arising out of any claim that your access or use of our sites infringes any third party’s intellectual property rights. In no event shall blueKiwi and/or its affiliates be liable for a) any direct, indirect, incidental, special or consequential damages arising out of or in any way connected with the use of its sites or with the delay or inability to use its sites, or for any information, products and services obtained through its sites, or otherwise arising out of the use of its sites, whether based on contract, tort, strict liability or otherwise, even if blueKiwi or its affiliates has been advised of the possibility of damages; or b) any claims against you by any other party. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Links to Third Party Sites. Our sites may contain hyperlinks to websites operated by parties other than blueKiwi. Such hyperlinks are provided for your reference only. blueKiwi does not control such websites and is not responsible for their contents. The inclusion of hyperlinks by blueKiwi to such websites does not imply any endorsement of the material on such websites or any association with their operators, and you access and use such websites, including information, material, products and services therein, solely at your own risk. Furthermore, because our Privacy Policy is applicable only when you are on our sites, once you have linked to another website, you should read that website’s privacy policy before disclosing any information.

Changes to Site and Terms of Use. blueKiwi may make modifications, improvements or changes in the information, services, products and other materials on our sites, or terminate our sites at any time without notice. Any modifications to this Agreement shall be effective immediately upon posting of the modified agreement. Accordingly, you should review the Agreement periodically, and your continued access or use of our sites shall be deemed your acceptance of the modified Agreement.

Indemnification and Release. You agree to indemnify, defend and hold harmless blueKiwi and each of its officers, directors, managers, shareholders, members, agents, employees or subsidiaries from any liability, loss, claim, damage, cost and expense (including reasonable attorney’s fees) due to or arising out of, directly or indirectly, your use of our sites, any breach by you of this Agreement or our Privacy Policy, or your violation of any law or the rights of any third party.

Severability. If any provision of this Agreement is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected thereby. Such invalid or unenforceable provision shall be deemed modified to the extent necessary to render it valid and enforceable, and if no modification shall render it valid and enforceable, this Agreement shall be construed as if not containing such provision and the rights and obligations of the parties shall be construed and enforced accordingly.

Privacy Policy

This privacy policy expresses the standards of blueKiwi for maintenance of private data.

Our policy is not to sell or provide to others our customers’ information without making it clear that we intend to do so in this statement or at the time the information is collected. Note that when you use or purchase one of our products or services, we may need to contact you to follow up on the product or service. However, our policy is not to contact you for anything unrelated to the product or service unless you have “opted in” to such contact. An exception will be made in the rare case that we find a significant issue with a product or service that requires your immediate attention. For your protection, we may contact you via phone or email as the situation warrants.

Changes to This Policy

blueKiwi reserves the right to change this privacy policy at any time, with or without prior notice. blueKiwi is continually improving and adding new functionality and features to this website and improving and adding to our existing products, services, and programs. Because of these ongoing changes, changes in the law and the changing nature of technology, blueKiwi’s data practices will change from time to time. If and when our privacy policy changes, blueKiwi will post the changes on our website to notify you of the changes. We encourage you to check this page frequently. This policy was last updated on October 20, 2011.

Information Collected Online

Our website sometimes requires you to give us personal information when you do things like create an account or purchase products or services. In situations like these, we recognize your interest in the product or service and consider that to be “opting in” to allow blueKiwi to contact you with information, special offers or promotional materials in the future.

Also, our website sometimes requires you to give us personal information in order to do things like contact our business partners, download whitepapers or participate in online surveys. In situations like these, where you are accessing free products and services from blueKiwi and/or our business partners, we recognize your interest in the product or service and consider that to be “opting in” to allow blueKiwi and appropriate business partners to contact you with information, special offers or promotional materials in the future. blueKiwi may transfer your personal information to or share it with the business partner only for future marketing, development of new products, customer service, delivery of products and services, aftercare service and related activities thereof. If you do not wish to be contacted, we ask that you refrain from accessing these free products and services offered to you by blueKiwi and our partners.

Cookies and Other Browser Information. Our site automatically captures IP addresses. We use IP addresses to help diagnose problems with our server, to administer our website, and to help ensure the security of your interaction with the website. Your IP address is used to help identify you and your account.

As part of offering and providing customizable and personalized services, blueKiwi uses cookies to store and sometimes track information about you. A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer’s hard drive. All sections of bluekiwi-software.com where you are prompted to log in or that are customizable require your browser to accept cookies.

Third Party and Aggregated Data. blueKiwi reserves the right to disclose aggregated user statistics in order to describe our services to current and prospective partners and other third parties.

blueKiwi may have agreements with some third parties to perform certain dedicated tasks such as product and service fulfillment and e-mail housing. In these situations, we share your information with these third parties for the sole purpose of allowing them to perform these tasks.

When you contact us to inquire about products and services, blueKiwi may share your information with some third parties for the sole purpose of allowing them to perform these tasks. If you do not choose for your information to be shared with any third parties, you must explicitly state so when you contact us.

Disclosures Required By Law. Please be aware that in certain circumstances, it is possible that personal information may be subject to disclosure pursuant to judicial or other government subpoenas, warrants, or orders.

No Guarantees For Factors Beyond blueKiwi’s Control. While this privacy policy expresses blueKiwi’s standards for maintenance of private data, it is not in a position to guarantee that the standards will always be met. There may be factors beyond blueKiwi’s control (e.g., “viruses”, “crackers”) that may result in disclosure of data. As a consequence, blueKiwi disclaims any warranties or representations relating to maintenance or nondisclosure of private information.