By creating an account on the BLVD Status website ("Site" or "Service"), a service provided by BLVD Status ("BLVD Status" or "Company"), you agree to be bound by all terms and conditions ("Terms") listed on this page (collectively, the "Agreement").
BLVD Status does not give any warranty or other assurance as to the operation, quality or functionality of the Site. Access to the Site may be interrupted, restricted or delayed for any reason. BLVD Status also does not give any warranty or other assurance as to the content of the material appearing on the Site, its accuracy, completeness, timelessness or fitness for any particular purpose.
To the full extent permissible by law, BLVD Status disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Site or any material appearing on the Site, or from any action or decision taken as a result of using the Site or any such material.
The Site contains links to external sites. BLVD Status is not responsible for and has no control over the content of such sites. Information on the Site, or available via hypertext link from the Site, is made available without responsibility on the part of BLVD Status. BLVD Status disclaims all responsibility and liability (including for negligence) in relation to information on or accessible from the Site.
General
BLVD Status values the privacy of its users. BLVD Status will not provide any information about its users and/or their traffic data to any third party company for any purpose, unless required to do so by law.
Usage of Service
BLVD Status provides the traffic on its own Service at http://www.blvdstatus.com/users/boxGrid.php5 as a demonstration ("Demo") to the public of the Service. By using the Service, the same information that you view about your visitors (IP address, location, etc) will be available to visitors viewing the Demo. These visitors will not have access to any other information about you and/or know any web sites you have registered with the Service, unless you on your own, share your stats to the public.
Notice to visitors of your web site
The internet is not anonymous, and no one should expect their browsing habits to be private. However, it is considered good form to post a notice on your web site that you are using tracking software (BLVD Status or otherwise) to monitor the visitors to your web site. You agree to indemnify BLVD Status against any and all damages resulting from your failure to post such a notice.
General statistics
From time to time, BLVD Status may release statistical reports of the traffic trends for sites registered with the Service, such as web browser usage or geolocation data. These reports are of a general nature and will not contain any information that can be linked to any one person or web site.
BLVD Status hereby grants you a revocable, non-exclusive, non-transferable license to include the Company-provided JavaScript ("Script") in the HTML code for web page(s) that are properly registered for the Service and owned by you, solely for the purpose of accessing the Service and information available from the Service with respect to such web page(s). You shall not (i) use, reproduce, modify or create derivative works of the Script, (ii) host the Script code on your own servers, or (iii) allow third party access to all or any portion of the Script or Service.
You must register an account to use the Service. You agree not to share your account username and password with third parties, and to notify the Company immediately of any unauthorized usage.
Data
By using the Service, you agree to allow BLVD Status to collect and store data on your web site traffic. BLVD Status may randomly use your traffic data for internal feature development and bug fixing purposes. Otherwise, your data is treated as private and confidential, unless you elect to make it publicly accessible. BLVD Status also monitors the traffic levels of all registered sites on a regular basis, to monitor server resources.
Cancellation
BLVD Status may cancel or delete any account, for any reason, with or without notice. If you wish to cancel your account, you must notify BLVD Status by email to info@blvdstatus.com. All information associated with the account, including the account itself as well as the historical data, will be permanently deleted.
You represent and warrant to BLVD Status that you own all right, title and interest in and to the URLs of your website, and you own or have rights to publish all of the content published on or through your website and the user interface of your website.
The information, reports and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. BLVD Status and/or its respective suppliers may make improvements and/or changes in the Service at any time, without obligation to notify any person or entity of such changes.
BLVD Status does not represent or warrant that (i) the Service will be error-free or accessible at all times, (ii) defects will be corrected, (iii) the Service or the server that makes it available, are free of viruses or other harmful component, or (iv) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that BLVD Status shall not be responsible for unauthorized access to or alteration of your data.
Either party may terminate this agreement at any time and for any reason. In addition, this agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement or if you remove the Script from your web pages.
Upon any termination of this agreement, (i) BLVD Status will cease providing the Service; (ii) you will delete all copies of the Script from your web page(s) and certify thereto in writing to BLVD Status within five (5) business days of such termination; (iii) all of your historical report data will no longer be available to you.
THE SERVICE, THE SCRIPT AND REPORTS ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY THE COMPANY EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE SCRIPT, THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE, THE SCRIPT OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
THE COMPANY'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID BY YOU TO THE COMPANY FOR USE OF THE SERVICE.
You agree to indemnify, hold harmless and defend BLVD Status, at your expense, against any and all third party claims, actions, proceedings, and suits brought against BLVD Status or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by BLVD Status or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, or (iii) your unauthorized use of the Script code. In such a case, BLVD Status will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. BLVD Status reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
BLVD Status reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement on this web site. You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of the Company, (ii) you accept updated terms online, or (iii) you continue to use the Service after the Company has posted updates to the Agreement or to any policy governing the Service.
You will not use the Service in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.
BLVD Status shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the state of Utah without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Utah law, rules, and regulations, Utah law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Salt Lake City, Utah. Any notices to the Company must be sent by email to info@blvdstatus.com, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunder without the Company's prior written consent, and any such attempt is void. The relationship between BLVD Status and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.