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BluePath Finance, Inc. – TERMS AND CONDITIONS

The terms and conditions of use set forth herein apply to each of the pages of this website (collectively, the “Site”). Please read these terms and conditions of use carefully before using this Site.

By using this Site, you signify your agreement with the following terms and conditions of use without limitation or qualification. BluePath Finance, Inc., and affiliates (collectively referred to herein as “BluePath”) may at any time revise these conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms and conditions of use to which you are bound.

Restrictions on Use of Materials

Except as otherwise permitted by BluePath, no general information, materials, data, text, images, video, or audio (“Materials”) from www.bluepathfinance.com or any website owned, operated, licensed, or controlled by BluePath may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download Material displayed on this Site for non-commercial, personal use only; provided, however, that you also retain all copyright and other proprietary notices contained in the Materials. You may not distribute, modify, transmit, reuse, report, or use any portion of the content of this Site for public or commercial purposes, including the text, images, audio, and video, without BluePath’s prior written permission.

Trademarks and Copyrights

This Site and all its content including, all trademarks, service marks, trade names, logos, and icons are proprietary to BluePath. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Site without the prior written permission of BluePath or such third party that may own the trademarks displayed on this Site. Your use of the trademarks displayed on this Site, or any other content on this Site, except as provided herein, is strictly prohibited.

Images displayed on this Site are either the property of, or used with permission by, BluePath. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Links to Other Websites

This Site may contain links to other websites. BluePath does not review or monitor any websites linked from or to the Site and will not be responsible for the content of any such linked website. If you decide to access a linked website, you do so at your own risk. BluePath is not responsible for the information, materials, or services obtained on or from such other websites and will not be liable in any respect for any damages arising from your access of such websites. Any such links are provided merely for the convenience of the users of the Site and the inclusion of the links does not imply any endorsement, representation, or warranty by BluePath with respect to any such website, content, or services contained through such websites. Furthermore, you agree not to link any websites to this Site without the express prior written consent of BluePath.

Disclaimers

BluePath assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any Materials from this Site.

WITHOUT LIMITING THE FOREGOING OR ANYTHING ELSE SET FORTH HEREIN, THE SITE AND ALL OF ITS MATERIALS ARE MADE AVAILABLE BY BLUEPATH “AS IS,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. BLUEPATH MAKES NO WARRANTY THAT THE SITE, IN WHOLE OR IN PART, WILL MEET YOUR REQUIREMENTS. USERS OF THE SITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY, AND PERFORMANCE OF THE SITE AND ITS MATERIALS AND ACKNOWLEDGE THAT THE SITE AND ITS MATERIALS MAY BE REVISED, ALTERED, AND CHANGED FROM TIME TO TIME IN THE SOLE DISCRETION OF BLUEPATH. BLUEPATH DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY MATERIALS WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY SITE, INCLUDING ANY THIRD PARTY SITE REFERRED OR LINKED TO IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

BLUEPATH ASSUMES NO LIABILITY FOR LOSS OR DAMAGE RESULTING FROM ANY USE OF OR RELIANCE UPON THE SITE OR ITS CONTENTS. IN NO EVENT WILL BLUEPATH BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SITE, ITS MATERIALS, THE USE THEREOF, OR THE INABILITY TO USE THE SITE, EVEN IF BLUEPATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF ANY WARRANTY DISCLAIMER OR LIMITATION ON LIABILITY IN THIS AGREEMENT IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BLUEPATH UPON ANY CLAIM (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF THE SITE, ITS USE OR ITS CONTENTS SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00).

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification

You agree to defend, indemnify, and hold BluePath and its directors, officers, members, partners, principals, employees, agents, and representatives harmless from any and all claims, liabilities, costs, and expenses, including, without limitation, reasonable attorneys’ fees, arising in any way from: (i) your use of the Site or Materials, in whole or in part; or (ii) your breach or violation of law or any provisions contained herein. BluePath reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.

Governing Law and Consent to Jurisdiction

These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be performed wholly within such state. You agree that any dispute or action at law or inequity arising out of or relating to these terms and conditions of use or your use of the Site shall be commenced only in the state or federal courts located in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute or action.

Waiver

No waiver by BluePath of any right under or term or provision of these terms and conditions of use will be deemed a waiver of any other right, term, or provision of these terms and conditions of use at that time or a waiver of that or any other right, term, or provision of these terms and conditions of use at any other time.

Integration and Severability

If any provision of these terms and conditions of use is found to be invalid, unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from these terms and conditions of use and shall not affect the validity and enforceability of any remaining provisions. These terms and conditions of use represent and constitute the entire agreement between BluePath and you relating to the subject matter discussed herein.

Termination

These terms and conditions of use are effective until terminated by BluePath, provided that you may terminate the terms and conditions of use at any time by destroying all Materials obtained by you or on your behalf from the Site and all related documentation, copies, and installations whether made under these terms or otherwise. Such termination by you will not be effective if BluePath, in its sole discretion and without notice to you, determines that you failed to comply with any term or condition stated herein. Upon termination of these terms, you must destroy all Materials obtained by you or on your behalf from the Site and all associated documentation, copies, and installation whether made under these terms or otherwise.