Save My Life Privacy Policy

DISCLAIMER AND TERMS AND CONDITIONS AGREEMENT

Effective: July 15, 2019

By downloading and using this app/software you agree to this disclaimer and terms and conditions.

This Agreement sets forth details regarding Blu3 Management Group LLC, this software and You the User.

As part of this software, you may be able to send short message service (“SMS”) or text messages (collectively referred to as “Messages”).  You must have permission from each Recipient to send such Recipient an automated text message via the software.  If you do not have such permission to send messages to a Recipient, you must not send any Messages through the software to such Recipient.   

The Telephone Consumer Protection Act (the “TCPA”) may apply to any Message you send through this software that are received by a Recipient.  You will be responsible for complying with the TCPA, all regulations promulgated under the TCPA, and with any applicable state laws. You may not use this software to send Messages to telephone numbers that may not legally receive such Messages under the TCPA and/or applicable state law.

MESSAGES AND DATA RATES 

Message and data rates may apply from your mobile carrier. Blu3 Management Group LLC does not have any control over these rates, nor any other obligations you may have to your mobile carrier in connection with your text messaging service. By using this software you are accepting any such charges from your mobile carrier. Blu3 Management Group LLC does not control how these fees are charged to or collected from you. 

As with all Blu3 Management Group LLC Software and Services, we reserve the right to terminate this software in whole or in part, at any time without notice, and is not responsible for any content you send or may receive in any text message. The information in any message may be subject to certain time lags and/or delays. Blu3 Management Group LLC does not promise that this software is available across all carriers, and is not liable for content, delayed or undelivered messages. 

BLU3 MANAGEMENT GROUP LLC PROPRIETARY RIGHTS

Title, ownership rights and all intellectual property rights in and to this software shall remain the sole and exclusive property of Blu3 Management Group LLC. Blu3 Management Group LLC retains all rights not expressly granted to you in this Agreement. You are prohibited from attempting, or knowingly permitting or encouraging others to attempt, to reverse engineer, decompile, disassemble, or otherwise attempt to determine source code or protocols and only to the extent permissible by applicable law despite such prohibition. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose, any portion of this software, or use of this software, or access to this software.

MODIFICATIONS TO SERVICE

Blu3 Management Group LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Agreement (or any part thereof) with or without notice. You agree that Blu3 Management Group LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Agreement.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

A. YOUR USE OF THIS SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE AND SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Blu3 Management Group LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

B. Blu3 Management Group LLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED (VI) THAT THE INTERNET OR PHONE SERVICE WILL BE AVAILABLE AND WILL PERFORM.

C. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Blu3 Management Group LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.

INDEMNITY

You agree to indemnify and hold Blu3 Management Group LLC, and its subsidiaries, affiliates, officers, agents, attorneys, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Software or Service, your use of this Software and Service, your connection to this Software and  Service, your violation of this Agreement, your violation of any rights of another, or your violation of any law.

LIMITATION OF LIABILITY

A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Blu3 Management Group LLC SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Blu3 Management Group LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; OR (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

B. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Blu3 Management Group LLC disclaim all liability with regard Blu3 Management Group LLC customers, whether direct, indirect, incidental, consequential, punitive or otherwise, arising out of or related to the use of the services provided under this Agreement. You hereby release Blu3 Management Group LLC from and against all claims, liability and damages arising out of or related to Company Customer’s use of the services provided under this Agreement. Company Customer will be solely responsible for any third party claims, damages and liability arising out of, resulting from or caused by Company Customer’s use of the Services provided under this Agreement including, without limitation, any claims, damages and liability arising out of, resulting from or caused by any Message or Content generated by Company Customer.

TRADEMARK INFORMATION

The trademarks, service marks, logos and product and service names of Blu3 Management Group LLC are trademarks of Blu3 Management Group LLC. You agree not to display or use in any manner, the Blu3 Management Group LLC Marks without Blu3 Management Group LLC’ express prior written consent.

GENERAL INFORMATION

Choice of Law and Forum. This Agreement and the relationship between you and Blu3 Management Group LLC shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions. You and Blu3 Management Group LLC agree to submit to the personal and exclusive jurisdiction of the courts located within Missouri.

Waiver and Severability of Terms. The failure of Blu3 Management Group LLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

For more information, contact info@gotoblu.com.