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Terms of Use and Privacy Policy
Our Terms:
CONTRACTORS REGISTER, INC.®THE BLUE BOOK BUILDING AND CONSTRUCTION®
TERMS OF USE (last revised 08/01/16)
1. PURPOSE
These Terms of Use define the conditions under which Contractors Register, Inc. ("CRI"), makes its website available to users and the conditions under which users may have access to and use this website and the web-based services available on this website. This website and the services available through the website (together the "Website") are subject to compliance with these Terms of Use and all applicable laws and regulations.These Terms of Use constitute a legally binding agreement made by and between CRI and you, personally and, if applicable, on behalf of the entity for whom you are using this Website (collectively, "you" "You", "your", "Your" or "User"). These Terms of Use govern your use of this Website so please read them carefully. BY ACCESSING OR USING ANY PART OF THIS WEBSITE (INCLUDING LINKING TO THE WEBSITE AND ACCESSING OR DOWNLOADING ANY CRI SOFTWARE), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF THERE ARE ADDITIONAL POSTED GUIDELINES OR POLICIES APPLICABLE TO THE WEBSITE, YOU ARE REQUIRED TO FOLLOW THOSE AS WELL AND ANY GUIDELINES AND POLICIES ARE INCORPORATED BY REFERENCE INTO THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THIS WEBSITE.
INTERNET TECHNOLOGY AND APPLICABLE LAWS, RULES AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS OF USE AND/OR OUR PRIVACY POLICY AT ANY TIME. WE ENCOURAGE YOU TO REVIEW THESE TERMS OF USE AND OUR PRIVACY POLICY FROM TIME TO TIME FOR POSSIBLE CHANGES. YOUR CONTINUED USE OF THIS WEBSITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THESE TERMS OF USE AND PRIVACY POLICY THAT MAY BE POSTED. WE WILL POST THE AMENDED TERMS OF USE ON THE WEBSITE AND INDICATE AT THE TOP OF THE PAGE THE DATE LAST REVISED AND WILL POST ANY REVISED PRIVACY POLICY.
2. ACCESS TO THIS WEBSITE
You must comply with all of the terms and conditions of these Terms of Use, the policies referred to below, and all applicable laws, regulations and rules when you use this Website.This Website is intended to be used only by individuals and entities that can form legally binding contracts under applicable law. Persons using the Website to purchase products or services or utilizing resources on behalf of an employer must do so only with the authorization of their employer. Your access to the Website, sending us feedback, submitting comments or other posts, or other use of the Website will be deemed to be a representation that you are 18 years of age or older or otherwise are an entity that can form legally binding contracts under applicable law. The Website is not intended for children under the age of 13. CRI does not target its Website to children under 13 or knowingly collect personally identifiable information from children under the age of 13. If we become aware that we have collected personal information from a child under age 13, we will delete that information as quickly as possible.
We use the means that we believe are reasonable to provide access to this Website 24 hours a day, 7 days a week, except in the case of natural disasters or events beyond the control of CRI and subject to any breakdowns or any maintenance operations required to ensure the smooth operation of the Website service and equipment. CRI will not be liable for any failure or deficiency in the performance of this Website, and any Software provided through use of the Website, by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to CRI, fire, terrorism, natural disaster or war.
CRI grants users who accept these Terms of Use the right to connect to its Website by means of the user's computer, mobile or other electronic device. The communication protocols used are those currently used by the Internet network. The rights of access to and use of this Website are non-exclusive and non-transferable.
The Website is controlled and operated from facilities in the United States. CRI makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own risk and are entirely responsible for compliance with local law, including, but not limited to, export and import regulations. Software made available on or through this Site may be subject to United States export control laws, which state that certain software cannot be downloaded from this Website to certain countries or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. For more information, see the EULA. By using this Website, you represent and warrant that you are not located in, under the control of, or a national, or resident of any such country or on any such list.
3. PASSWORD AND ACCOUNT SECURITY
You may create your own account on the Website by completing the online registration process on the Website, and you must do so if you would like to receive certain content and materials provided by CRI. In doing so, you must provide us with accurate and complete registration information, and update it if this information changes. It is particularly important to keep the e-mail address associated with your account current because although you may be able to log into your Website account using an old e-mail address, you will not be able to receive messages from us. If you provide any information that is untrue, inaccurate, incomplete or not current, or CRI has grounds to suspect that such information is untrue, inaccurate, incomplete or not current, CRI has the right to suspend or terminate any issued password and refuse any and all current or future use of the Website. Following registration, we will create an account for you and assign you, or allow you to select, a password. You must keep your password confidential and not disclose your password to any person other than your direct employees, as applicable, required to have such access to your password in the normal course of your business. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Website if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Website.4. INTELLECTUAL PROPERTY RIGHTS
Except as provided herein, this Website and the contents of this Website (including, but not limited to, The Blue Book, data, information, design, text, graphics, illustrations, audio clips, video clips, other files, and the selection, arrangement and organization thereof) (the "Website Information") are owned by CRI, its licensors or other entities and are protected by copyright and other intellectual property rights. All right, title and interest in and to all copyrights, patents, trade secret rights, trademarks and other intellectual property rights in and to the Website Information (including, without limitation, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the this Website) and the structure, organization and code relating to the information or data accessed by you through your use of the Website or otherwise made available through your use of the Website and all other information or data supplied by CRI and/or its suppliers, products, free listings or website users and/or customers, including, without limitation, any and all information and data in machine readable form (collectively, "Data Information" and together with the Website Information, the "Proprietary Information"), are proprietary, confidential, and valuable trade secret information of CRI and/or its suppliers. Unauthorized use of the Proprietary Information is strictly prohibited.You acknowledge, and agree not to challenge in any manner, that the Proprietary Information: (i) is comprised of original collections and assemblies of preexisting data, the selection, organization and arrangement of which results in original works, (ii) incorporates and/or integrates data that is not preexisting but instead is the original expression of CRI or its suppliers, as the case may be, and (iii) derives value from the fact that such data was promptly selected, organized, arranged and published by CRI or its suppliers.
The elements presented on this Website, including, without limitation, the Proprietary Information, are subject to modification without notice and are made available without any kind of guarantee, whether express or tacit, and cannot give rise to any rights to compensation. The information and images contained on this Website, including, without limitation, the Proprietary Information, are protected by copyright.
Subject to the terms and conditions of these Terms of Use, you are hereby granted a limited, non-exclusive right to use the Proprietary Information on this Website in the normal course of your business, provided that you shall in no event use any Proprietary Information in transmission of "spam," mass e-mailings, chain letters, junk mail or any other type of unsolicited solicitation, whether electronic or otherwise. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. CRI will retain ownership of its intellectual property rights, including rights in and to the Proprietary Information, and you do not obtain any rights therein by virtue of these Terms of Use or otherwise, except as expressly set forth in these Terms of Use.
Without the express written consent of CRI, none of the contents of this Website, including, without limitation, the Proprietary Information, may be copied, reproduced, published, downloaded, posted, transmitted or distributed in any manner, except in the case of a simple recording of documents on your personal computer for your own use, in which case you shall ensure that the indications of ownership are kept intact. Modification of the contents or their use with another purpose constitutes an infringement of our property rights. It is forbidden to use these contents on another Website or in a computer network environment.
Trademarks, service marks, trade names, product names, logos, designs, titles, and words or phrases used on this Website, including, without limitation, the marks "THEBLUEBOOK.COM®," "CONTRACTORS REGISTER®," "VU360®," "SYNCWARE®," "THE BLUE BOOK®," "MY BLUE BOOK®," "BPM SELECT®," "BID SCOPE®," "BB-SUPPLY®," "THE BLUE BOOK BUILDING AND CONSTRUCTION®," "THE BLUE BOOK BUILDING & CONSTRUCTION NETWORK®" "AEC SOLUTIONS®," "BB-GATEWAY®", "BLUEBOOKUNIVERSITY.COM®", "BB BID®," "PROJECT SOURCE™", "JOBSITEEQUIP.COM", "BLUE BOOK UNIVERSITY™", "THE BLUE BOOK UNIVERSITY™", "PROJECT PIPELINE®", GET-BIDS™, PROVIEW® and related design marks are owned by or licensed by CRI, or to CRI by its licensors or other entities. All page headers, custom graphics, button icons and scripts are trademarks, trade dress or copyrights of CRI. All other trademarks, trade names, copyrights and the like that appear on this Website are the property of their respective owners. You may not use any of these trademarks, trade dress, copyrights or trade names without express permission from the appropriate party.
5. PROHIBITED CONDUCT; NONDISCLOSURE
In using this Website, you agree that you will not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass or stalk any individual, or disrupt or interfere with the security or use of this Website or any websites linked to it; (iii) interfere with or damage this Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) CRI, or create or use a false identity; (v) attempt to obtain unauthorized access to this Website or portions thereof that are restricted from general access; (vi) engage, directly or indirectly, in transmission of "spam," mass e-mailings, chain letters, junk mail or any other type of unsolicited solicitation, whether electronic or otherwise; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to this Website; (viii) use any meta tags or any other "hidden text" utilizing the CRI name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by CRI; (x) engage in any activity that interferes with any third party's ability to use or enjoy this Website; or (xi) assist any third party in engaging in any activity prohibited by these Terms of Use. You agree not to disclose or otherwise make the Proprietary Information available to any person other than your employees, if applicable, required to have such knowledge in the normal course of your business and who are authorized to access the Website, the Software downloaded or accessed through use of the Website, if applicable, and Proprietary Information hereunder. You expressly agree not to, directly or indirectly: (i) disclose, publish, transfer, distribute or disseminate, or cause or permit to be disclosed, published, transferred, distributed or disseminated, the Proprietary Information to any third party; (ii) use the Proprietary Information in any manner, as a basis for providing any product or service (a "Competitive Product or Service") or otherwise, which competes with any products or services of CRI or its affiliates, or otherwise use the Proprietary Information to compete with CRI or its affiliates; or (iii) use the Proprietary Information to provide data or competitive information to any provider of any Competitive Product or Service or affiliate thereof.6. SITE POSTINGS
This Website may offer opportunities for you to post content in the form of text, pictures, drawings, plans or designs ("Posting") that may be made available to the public. When you make a Posting to the Website or use any other Website services ("Site Features"), you will be subject to any additional guidelines or rules applicable to such Site Features. Any such additional guidelines or rules are hereby incorporated in these Terms of Use by reference. CRI reserves the right to change, suspend or discontinue any Site Features at any time, or to limit or restrict your access to certain Site Features at any time, without notice to you and in its sole discretion.If you submit any Postings, you are acknowledging that any such Posting (i) is not confidential or proprietary to you or any other person or entity, and does not create any confidential, fiduciary, contractually implied or other relationship between you and CRI or its agents and representatives other than as expressly set forth in these Terms of Use and (ii) may be used by CRI for any purpose, including for promotional or advertising purposes, in accordance with our Privacy Policy.
You are prohibited from submitting any Posting that: (i) restricts or inhibits any other user from using and enjoying this Website or any of CRI's other websites (the "Sites"); (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; or (viii) constitutes or contains false or misleading statements of fact.
You understand that when using the Website, you will be exposed to Postings from a variety of sources, and that CRI is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Postings. You further understand and acknowledge that you may be exposed to Postings that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CRI with respect thereto. CRI is not responsible for any Posting to our Website. Although CRI may monitor and/or review any Posting, CRI is not obligated to do so and CRI assumes no liability or obligation with respect to any Posting.
You acknowledge that any Posting may be used by any third party, and CRI assumes no liability for such disclosures. Without limiting the generality of the foregoing, in the event that you use the Site Features to exchange information with third parties, you acknowledge that CRI does not control or guarantee the legality, authenticity, accuracy or quality of any information posted by a third party on our Website or the use by such third party of any such information. You are solely responsible for your interactions with other users of the Website and any content that you post. CRI will not be liable for any damage or harm resulting from any content or your interactions with other users of the Website. CRI recommends that you use caution when exchanging information with any person that you interact with on this Website. CRI is not responsible for monitoring any exchange of information between you and any third party and you release us from claims, demands and damages of every kind and nature, known or unknown, arising out of or in any way connected with any exchange of information between you and any third party or any dispute you may have with any third party. CRI recommends that you do not include any personally identifiable information as part of any Posting. By submitting a Posting, you are granting CRI a perpetual, worldwide, royalty-free, non-exclusive, sublicensable and irrevocable right and license to use, copy, reproduce, prepare derivative works based upon, distribute, perform and display such information in whole or in part, in any form, media or technology known or hereafter developed as long as such use is consistent with our Privacy Policy. Without limiting the generality of the foregoing, you agree that CRI may disclose in response to court orders or to law enforcement entities, edit or delete any Posting. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.
You acknowledge that CRI does not pre-screen Postings, but that CRI and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to edit or disable, any Posting that is available via the Website. By way of example and without limiting the foregoing, CRI and its designees may edit or disable, or restrict access to or the availability of, any Posting that (i) violates the terms of these Terms of Use; (ii) constitutes illegal, obscene, lewd, lascivious, filthy, excessively violent, harassing, offensive, objectionable or otherwise inappropriate material; or (iii) is required to be reviewed, monitored, edited or deleted by any court order, or in any governmental, administrative or judicial proceeding. You must evaluate and bear all risks associated with the use of any Postings, including any reliance on the accuracy, completeness, or usefulness of such Postings and any costs associated with your Posting, such as data and messages rates of your provider that may apply. CRI assumes no liability for use of any Posting by any third party. Subject to the terms of these Terms of Use, you may access Postings solely (i) for your information and personal use and (ii) as intended through the normal functionality of the Website.
Postings are made available to you for your information and personal use solely as intended through the normal functionality of the Website. Postings are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under these Terms of Use. CRI respects the intellectual property rights of others and expects its users to do the same. CRI may remove content that in its sole discretion appears to infringe the intellectual property rights of others. It is also our policy to suspend or terminate the accounts of repeat offenders. If we remove or disable access to comply with the Digital Millennium Copyright Act ("DMCA") we will make a good-faith attempt to contact the owner, author, or administrator of each affected account so that they may make a counter notification pursuant to section 512(g) that Act.
Infringement Notification. If you believe that content residing on or accessible through our Website infringes a copyright you own or for which are a designated agent, please send a written notice of infringement with the information that sets forth the items specified below. To expedite our ability to process your request, the notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works at the Website are covered by a single notification, provide a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit CRI to locate the material. Please provide a specific URL for each item.
- Information reasonably sufficient to permit CRI to contact you, such as an address, telephone number, and email address, along with your full name.
- If true, the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."
- If true, the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Send the document to CRI's Designated Copyright Agent to receive notifications of claimed infringement at the contact information given below:
Designated Copyright Agent c/o Contractors Register, Inc.800 E. Main St.Jefferson Valley, NY 10535
Phone: 914-245-0200 Fax: 914-245-0873 Email: legal@thebluebook.com
On receiving a notification that complies with the DMCA, CRI will expeditiously remove or disable access to the content that is alleged to be infringing and take reasonable steps to forward the written notification to the alleged infringer to notify the alleged infringer that CRI has removed or disabled access to the material.
Counter Notification. If you believe that your material has been removed improperly, you may file a counter notification. To file a counter notification with us, you must provide a written communication that sets forth the items specified below. Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
To expedite our ability to process your counter notification, the written notification must include the following:
- A physical or electronic signature.
- Identification of the specific URLs of material that CRI has removed or to which CRI has disabled access.
- Your full name, address, telephone number, and email address, and the username of your CRI account.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or any judicial district in which CRI may be found if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection 512(c)(1)(C) of the DMCA or an agent of such person.
- If true, the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Send the written communication to CRI's Designated Copyright Agent at the contact information given below:
Designated Copyright Agent c/o Contractors Register, Inc.800 E. Main St.Jefferson Valley, NY 10535
Phone: 914-245-0200 Fax: 914-245-0873 Email: legal@thebluebook.com
7. SERVICES AND FEES
When you use certain Site Features or license certain CRI software downloaded from the Website or accessed from the Website ("Software"), additional terms and conditions provided with such Site Features or Software may apply and you are required to follow those and such terms and conditions are incorporated by reference into these Terms of Use. In addition, you may be required to register and meet certain eligibility requirements, including but not limited to providing certain information, including your name, email address and other required information, including bank or credit card information and authorizations, or other necessary items, subject to the approval of CRI. CRI, in its sole discretion, may charge fees for access to our Website. When you post content on our Website, use Software, use other Site Features that have a fee you will have an opportunity to review and accept the fees that you will be charged based your access to the Website services, applicable Software and Site Features, which fees and terms and conditions may change from time to time in CRI's sole discretion unless otherwise agreed by you and CRI in writing. We may choose to temporarily change the fees for our services for promotional events (for example, free posting days) or new Site Features, and such changes are effective when we post the temporary promotional event or new Site Features on the Website or as we otherwise agree with you in writing. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the services in a timely manner with a valid payment method ("Payment Method". If your Payment Method fails or is past due, we collect fees owed using other collection methods, including retaining collection agencies and legal counsel, and you agree to reimburse us for any expense associated with such collection methods.8. HYPERLINKS
In order to respect the integrity of the contents of this Website and avoid creating confusion amongst Internet users regarding the origin of the aforementioned contents, the following are forbidden: (i) extended links which allow Internet users access to pages within this Website without first passing through the Home Page of the Website or through subsections of the Website; (ii) inline links which allow the user to automatically see the contents of this Website at a specific location; and (iii) framing links, which enable a page from this Website to appear in a frame within the page of the Website visited by the user. The following are permitted: (i) simple links to the Home Page of this Website; and (ii) simple links to the home page of the various subsections of this Website. Except as otherwise set forth in these Terms of Use, you agree not to establish any hyperlinks to any of CRI's Sites without CRI's prior written consent.In any event, links from websites containing immoral, violent, pornographic or pedophilic material, or websites that undermine human dignity or that are intended to display or sell objects, substances and/or works that are banned or illicit, are strictly forbidden.
Under no circumstances shall a hyperlink to this Website from the website of a third party imply co-operation between CRI and such third-party website. CRI has no control over third-party websites and therefore assumes no responsibility with respect to contents, products, services, information, hardware or software of websites containing a hyperlink to this Website. This Website may contain links to the websites of CRI partners or to the websites of third party companies.
CRI does not own and has no control over these websites and therefore assumes no responsibility with respect to the availability of these websites, their content, advertising material, and the products or services available at or through these websites. CRI does not endorse any of these hyperlinked websites but provides hyperlinks to such websites only as a convenience. CRI accepts no liability for any direct or indirect damage that may result from a user's visit to the partner or third-party websites, or from the use of the contents and services of these websites by the user.
You acknowledge that CRI shall not be responsible or liable for the content or conduct of, associated with, or related to any hyperlinked website or advertiser site, and, accordingly, your access and use of any hyperlinked website or advertiser site shall be solely at your own risk. If you have any questions or concerns regarding any hyperlinked website or advertiser site, you should review any terms and conditions and privacy policy maintained by that hyperlinked website or advertiser site, or contact that hyperlinked website's or advertiser site's website administrator.
9. REPRESENTATIONS AND WARRANTIES AND INDEMNIFICATION
You represent, warrant and covenant to CRI that: (i) you have the full power and authority to enter into and perform your obligations under these Terms of Use; (ii) your assent to and performance of your obligations under these Terms of Use do not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; (iii) you are age 18 or over, able to form a legally binding contract, and these Terms of Use constitute legal, valid and binding obligations on you, enforceable in accordance with their terms and conditions; (iv) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of CRI or any third party in your use of the Website; and (v) you will comply with all applicable laws, rules and regulations in your use of the Website, including these Terms of Use.You represent, warrant and covenant to CRI that: (a)you are not, and shall not be during the period of your use of the Website, a supplier of any Competitive Product or Service, nor are you accessing the website, Software, and/or Proprietary Information, directly or indirectly, for the purpose of providing data or competitive information to a supplier of any Competitive Product or Service or any affiliate thereof or otherwise competing with CRI or its affiliates; and (b) you have provided true and accurate information as to your actual identity.
You agree to indemnify and hold CRI and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders ("Indemnified Parties") harmless from any and all damages, losses, costs or expenses (including without limitation, attorneys' fees and costs) incurred in connection with any third party claim, demand or action ("Claim") brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of these Terms of Use or (ii) arising from, related to, or connected with your use of this Website, any Software, and/or the Proprietary Information. If you are obligated to provide indemnification pursuant to this provision, CRI may, in its sole and absolute discretion, control the disposition of any third party Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any third party Claim without the consent of CRI.
10. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
THE WEBSITE, SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE AND ANY PROPRIETARY INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE WEBSITE, SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE, AND/OR PROPRIETARY INFORMATION TO ACHIEVE YOUR INTENDED RESULTS AND SOLE RESPONSIBILITY FOR THE USE OF, AND RESULTS OBTAINED FROM THE WEBSITE, SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE, AND/OR THE PROPRIETARY INFORMATION. ANY CONTENT OR SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. WITHOUT LIMITING THE FOREGOING PROVISIONS, CRI MAKES NO WARRANTY THAT THE WEBSITE, SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE, AND/OR THE PROPRIETARY INFORMATION OR ITS USE WILL BE ERROR-FREE, SECURE, VIRUS FREE, OR FREE FROM INTERRUPTIONS, DEFECTS OR OTHER FAILURES OR HARMFUL COMPONENTS OR THAT THE WEBSITE, SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE, AND/OR THE PROPRIETARY INFORMATION WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR BE COMPATIBLE WITH YOUR EQUIPMENT OR OTHER HARDWARE, SOFTWARE OR BROWSER CONFIGURATION OR THAT INACCURACIES OR ERRORS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRI DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, AND WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE, ALL WITH REGARD TO THE WEBSITE, SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE, AND/OR THE PROPRIETARY INFORMATION. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE WEBSITE, SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE, AND/OR THE PROPRIETARY INFORMATION. THE ENTIRE RISK OF THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE WEBSITE, SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE, AND/OR THE PROPRIETARY INFORMATION, IF ANY REMAINS SOLELY WITH YOU. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.CRI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY ADVERTISING AND CRI WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
CRI reserves the right to modify or correct the contents of its Website at any time, without notice. CRI shall not be liable in the event of contamination of your computer equipment as a result of virus propagation or other computer "infections." You are responsible for taking all appropriate measures to protect your own data and software, including measures to protect your data and software from contamination by any viruses circulating via the Internet. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL CRI, ITS EMPLOYEES, SUPPLIERS OR THE THIRD PARTIES MENTIONED ON ITS WEBSITE BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL INFORMATION, LOSS OF DATA, USER INFORMATION OR OTHER INFORMATION, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE WEBSITE, THE SOFTWARE, THE PROPRIETARY INFORMATION, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY CRI, ITS EMPLOYEES, SUPPLIERS OR THE THIRD PARTIES MENTIONED ON ITS WEBSITE, AND EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
11. TERMINATION
CRI may, in its sole discretion and without any liability, change, modify, suspend, make improvements to or discontinue any aspect of the Website, temporarily or permanently, at any time without prior notice.12. JURISDICTION; APPLICABLE LAW; DISPUTE RESOLUTION
These Terms of Use shall be governed, construed and applied in all respects by the laws of the State of New York, without regard to any provision governing conflicts of law. Any disputes arising out of, relating to, or connected with these Terms of Use or your use of this Website shall be brought exclusively before the federal or state courts serving the County of Westchester, State of New York. The use of this Website implies your express consent to the personal jurisdiction and venue of such courts.You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
13. WAIVER OF CLASS ACTION RIGHTS; LIMITATION OF ACTIONS
By entering into these Terms of Use, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these Terms of Use or your use of the Website must be asserted individually.14. CORRESPONDENCE WITH CRI
To correspond with CRI by e-mail, Internet users must use the email address provided herein. Our replies to e-mails may not be equated to or considered proof of advertising, promotional or commercial activity in the destination country of these replies. Correspondence from CRI to you shall be sent to you at the address provided by you.15. ENTIRE AGREEMENT; SEVERABILITY
These Terms of Use, our Privacy Policy and, to the extent applicable, any member or subscriber agreements, additional terms and conditions related to Site Features, and the End User License Agreement ("EULA"), constitute the entire agreement between the parties with respect to the use of the CRI Website, superseding all prior or contemporaneous oral or written agreements or understanding with respect to such subject matter. If any provision of these Terms of Use is held to be unenforceable or invalid in whole or in part, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remaining provisions shall be given full force and effect. To the extent applicable, these Terms of Use are subject to the express terms of the EULA.16. OTHER PROVISIONS
CRI's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. CRI may assign its rights and duties under these Terms of Use to any party at any time without notice to you.17. FOR USER USE ONLY
Except as otherwise specifically set forth herein, the information, including without limitation, Proprietary Information, made available through your use and access of the Website is intended only for you and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than you is prohibited.18. COMMENTS, QUESTIONS AND REQUESTS
Please send any notices or requests by email to: legal@thebluebook.comPrivacy Policy
Last Revised: 11/27/20
This Privacy Policy describes how Contractors Register, d/b/a The Blue Book Building & Construction Network (collectively, “Blue Book,” “we,” “us,” or “our”) collects, uses, shares, and safeguards personal information. This Privacy Policy also tells you about your rights and choices with respect to your personal information, and how you can reach us to get answers to your questions. You can jump to particular topics by going to the headings below:
Types Of Information We Collect.
Use And Processing Of Information.
Your California Privacy Rights
How We Protect Personal Information
Types Of Information We Collect.
The following provides examples of the type of information that we collect from you and how we use that information.
|
Context |
Types of Data |
Primary Purpose for Collection |
|
Account Registration |
We collect your name and contact information when you create an account. We also collect information relating to the actions that you perform while logged into your account. |
We use this information to provide account related functionalities to our users. Accounts can be used for easy checkout and to save your preferences and transaction history. |
|
Company Information |
We collect the name and contact information of companies and their employees with whom we may interact. |
We use this information to contact companies and communicate with them concerning normal business administration such as projects, services, and billing. |
|
Cookies and first party tracking |
We use cookies and clear GIFs. “Cookies” are small pieces of information that a website sends to a computer’s hard drive while a web site is viewed. |
We use this information to ensure our website operates efficiently. |
|
Cookies and Third Party Tracking |
We participate in behavior-based advertising. This means that a third party uses technology (e.g., a cookie) to collect information about your use of our website so that they can provide advertising about products and services tailored to your interests on our website, or on other websites. |
We use this information to engage in google advertising and google analytics. |
|
Distance Information |
When you use our App we collect your location from the GPS, Wi-Fi, and/or cellular technology in your device to determine your location. |
We have a legitimate interest in understanding our users and providing tailored services. In some contexts our use is also based upon your consent to provide us with geo location information. |
|
Email Interconnectivity |
If you receive email from us, we use certain tools to capture data related to when you open our message, click on any links or banners it contains and make purchases. |
We use this information to understand how you interact with our communications to you. |
|
Feedback/Support |
If you provide us feedback or contact us for support we will collect your name and e-mail address, as well as any other content that you send to us, in order to reply. |
We use this information in order to receive, and act upon, your feedback or issues. |
|
Mailing List |
When you sign up for one of our mailing lists we collect your email address or postal address. |
We share information about our products and services with individuals that consent to receive such information. We also use this information to share information about our products or services. |
|
Mobile Devices |
We collect information from your mobile device such as unique identifying information broadcast from your device when visiting our website. |
We use this information to identify unique visitors and understand how users interact with us on their mobile devices. |
|
Order Placement |
We collect your name, billing address, shipping address, e-mail address, phone number, and credit card number when you place an order. |
We use your information to perform our contract to provide you with products or services. |
|
Surveys |
When you participate in a survey we collect information that you provide through the survey. If the survey is provided by a third party service provider, the third party’s privacy policy applies to the collection, use, and disclosure of your information. |
We use this information to understand your opinions and collect information relevant to our organization. |
|
Website interactions |
We use technology to monitor how you interact with our website. This may include which links you click on, or information that you type into our online forms. This may also include information about your device or browser. |
We use this information to understand how you interact with our website to better improve it, and to understand your preferences and interests in order to select offerings that you might find most useful. We also have a legitimate interest in detecting and preventing fraud. |
|
Web logs |
We collect information, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to a computer when the Internet is used), domain name, click-activity, referring website, and/or a date/time stamp for visitors. |
We use this information to monitor our networks and the visitors to our websites. Among other things, it helps us understand which of our products or services is the most popular. |
In addition to the information that we collect from you directly, we may also receive information about you from other sources, including third parties, business partners, our affiliates, or publicly available sources. For example, if you submit a job application, or become an employee, we may conduct a background check.
Use And Processing Of Information.
In addition to the purposes and uses described above, we use information in the following ways:
· To identify you when you visit our websites.
· To improve our services and product offerings.
· To conduct analytics.
· To respond to inquiries related to support, employment opportunities, or other requests.
· To send marketing and promotional materials, including information relating to our products, services, sales, or promotions.
· For internal administrative purposes, as well as to manage our relationships.
Although the sections above describe our primary purpose in collecting your information, in many situations we have more than one purpose. As a result, our collection and processing of your information is based in different contexts upon your consent, our need to perform a contract, our obligations under law, and/or our general interest in conducting our business.
In addition to the specific situations discussed elsewhere in this policy, we disclose information in the following situations:
1. Affiliates and Acquisitions. We may share information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). If another company acquires, or plans to acquire, our company, business, or our assets, we will also share information with that company, including at the negotiation stage.
2. Other Disclosures with Your Consent. We may ask if you would like us to share your information with other unaffiliated third parties who are not described elsewhere in this policy.
3. Other Disclosures without Your Consent. We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws. We may also share your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of products to or the provision of services by a third party intermediary.
4. Public. Some of our websites may provide the opportunity to post comments, or reviews, in a public forum. If you decide to submit information on these pages, that information may be publicly available.
5. Partner Promotion. We may offer contests, sweepstakes, or other promotions with third party partners. If you decide to enter a contest, sweepstakes, or promotion that is sponsored by a third party partner the information that you provide will be shared with us and with them. Their use of your information is not governed by this privacy policy.
6. Service Providers. We may share your information with service providers. Among other things service providers may help us to administer our website, conduct surveys, provide technical support, process payments, and assist in the fulfillment of orders.
You can make the following choices regarding your personal information:
1. Online Tracking. We do not currently recognize automated browser signals regarding tracking mechanisms, which may include "Do Not Track" instructions.
2. Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in e-mails that you receive. If you decide not to receive promotional emails, we may still send you service related communications.
3. Promotional Mailings. If at any time you do not want to receive offers, circulars from us you can remove yourself from our mailing lists by emailing us (our contact information is below) with “No Promotional Email” in the subject line along with your name, address and zip code. Please note that our mailings are prepared in advance of their being sent. Although we will remove your name from our mailing list after receiving your request, you may still receive mailings from us that had been initiated prior to your name being removed.
4. Promotional Text Messages. If you receive a text message from us that contains or project information you can opt-out of receiving future text messages by replying “STOP.”
Your California Privacy Rights
If you are a California resident, you may have certain rights.
Access To Your Personal Information. You may request access to your personal information by contacting us at the address described below. If required by law, upon request, we will grant you reasonable access to the personal information that we have about you. Note that California residents may be entitled to ask us for a notice describing what categories of personal information (if any) we share with third parties or affiliates for direct marketing.
Deletion Of Your Personal Information. You may request that we delete your personal information by contacting us at the address described below. If required by law we will grant a request to delete information, but you should note that in many situations we must keep your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes. Please address written requests and questions about your rights to legal@thebluebook.com or call us at 1-800-431-2584 x3321.
Note that, as required by law, we will require you to prove your identity. We may conduct an identity verification by phone call or email. Depending on your request, we may ask you for information to provide your identity, including, but not limited to, your name, the date of your last transaction with us, or your address. We may also ask you to provide a signed declaration confirming your identity.
In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights on your behalf. We will require verification that you provided the authorized agent permission to make a request on your behalf. You must provide us with a copy of the signed permission you have given to the authorized agent to submit the request on your behalf and verify your own identity directly with us.
If you are an authorized agent submitting a request on behalf of an individual you must attach a copy of the following information to the request:
1. A signed and notorized letter indicating that you have authorization to act on the consumer’s behalf.
2. If you are a business, proof that you are registered with the Secretary of State to conduct business in California.
If we do not receive both pieces of information, the request will be denied.
California Civil Code Sections 1798.115(c), 1798.130(a)(5)(c), 1798.130(c), and 1798.140 indicate that organizations should disclose whether certain categories of information are collected, “sold” or transferred for an organization’s “business purpose”(as those terms are defined under California law). You can find a list of the categories of information that we collect and share here. Please note that because this list is comprehensive it may refer to types of information that we share about people other than you. If you would like more information concerning the categories of personal information (if any) we share with third parties or affiliates for those parties to use for direct marketing please submit a written request to us using the information in the "Contact Information" section below. We do not discriminate against California residents who exercise any of their rights described in this Privacy Policy.
How We Protect Personal Information
No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your personal information from unauthorized access, use, or disclosure, we cannot guarantee the security of your personal information. In the event that we are required by law to inform you of a breach to your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.
Some of our websites permit you to create an account. When you do you will be prompted to create a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you. You should notify us of any unauthorized use of your password or account.
The following additional information relates to our privacy practices:
· Third Party Applications/Websites. We have no control over the privacy practices of websites or applications that we do not own.
· Changes To This Privacy Policy. We may change our privacy policy and practices over time. To the extent that our policy changes in a material way, the policy that was in place at the time that you submitted personal information to us will generally govern that information unless we receive your consent to the new privacy policy. We will note the effective date of the latest version at the beginning of the Privacy Policy.
· Accessibility. This Privacy Policy may be accessed through audio readers.
· Children. We do not sell the personal information of minors under 16 years of age without affirmative authorization.
If you have any questions, comments, or complaints concerning our privacy practices please contact us at the appropriate address below. We will attempt to respond to your requests and to provide you with additional privacy-related information.
Contractors Register, Inc.
Jefferson Valley, NY 10535
(800) 431-2584 x3321 Fax: (914) 243-0287
www.thebluebook.com
Effective Date: 11/27/20
EULA
CONTRACTORS REGISTER, INC.®
THE BLUE BOOK BUILDING AND CONSTRUCTION®"
END USER LICENSE AGREEMENT (last revised 08/01/16)
IMPORTANT - READ CAREFULLY:
THE BLUE BOOK BUILDING AND CONSTRUCTION®"
END USER LICENSE AGREEMENT (last revised 08/01/16)
IMPORTANT - READ CAREFULLY:
1. PURPOSE
This End-User License Agreement ("EULA") is a legal agreement between You ("You", "you", "Your" and "your" includes You personally and, if applicable, on behalf of the entity for whom You are using the Software (as defined herein)) and Contractors Register, Inc., its subsidiaries, affiliates and licensees (collectively "CRI") concerning Your authorized use of the following, including, without limitation, any updates and revisions to the following that CRI may provide (each, a "Software Product"): MY BLUE BOOK®, BB-SUPPLY®, BB BID®, VU360® PLUGIN, SYNCWARE® PLUGIN, BPM SELECT®, THE BLUE BOOK BUILDING & CONSTRUCTION NETWORK®, THEBLUEBOOK.COM®, JOBSITEEQUIP.COM™, PROJECT SOURCE™, BB-GATEWAY®, BLUE BOOK UNIVERSITY™, THE BLUE BOOK UNIVERSITY™ . PROJECT PIPELINE® GET-BIDS™ AND PROVIEW®. This EULA defines the conditions under which CRI makes the Software available to You and the conditions under which You may have access to and use the Software. For purposes of this EULA, "Software" shall mean all of the Software Products collectively and/or any or each of such Software Products, as the context requires. The Software includes computer software with object code component parts, all other component parts, any associated media, any printed materials, any updates, and any "online" or electronic documentation, as applicable.1.3 BY ACCESSING, INSTALLING, COPYING OR OTHERWISE USING ANY OF THE SOFTWARE PRODUCTS, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA, INCLUDING THE WEBSITE TERMS AND PRIVACY POLICY (AS EACH IS HEREINAFTER DEFINED) WHICH ARE HEREBY INCORPORATED HEREIN AND MADE A PART HEREOF. IF YOU DO NOT AGREE TO BE SO BOUND, CRI IS UNWILLING TO LICENSE ANY OF THE SOFTWARE PRODUCTS TO YOU AND YOU MAY NOT ACCESS, INSTALL, COPY OR OTHERWISE USE ANY OF THE SOFTWARE PRODUCTS.
2. ACCESS TO CRI'S NETWORK VIA THE SOFTWARE
Except as expressly provided herein, the Software is intended to be used only by individuals and entities that can form legally binding contracts under applicable law. Persons using the Software and our Network (defined below) to purchase products or services or utilizing resources on behalf of an employer must do so only with the authorization of their employer. You must comply with all of the terms and conditions of this EULA, the policies referred to herein, and all applicable laws, regulations and rules when You use the Software. The Software may provide access to, or be made available by CRI through, CRI's websites and network/Internet servers ("Network") used by CRI to support certain functionality of the Software. In addition, the Software enables You to share Postings (as hereinafter defined) that may be made available to the public and the Software enables You to share information with others that You authorize. Access to CRI's Network is by means of the user's computer which runs the Software, or accesses the Software through a CRI Network server, and is connected to a telecommunications network allowing access to CRI's Network. The communication protocols used by the Software are those currently used by the Internet network. The rights of access to and use of CRI's Network are non-exclusive and non-transferable. While continuous access to the Internet and to CRI's Network is not required for You to use the Software (e.g., portions of the Software may be used offline), Your access to, and certain functionality of, the Software will automatically be shut down if You have not accessed the Network for a period of thirty (30) days until such time as You do access the Network (at which time Your access to the Software will be automatically restored). No automatic shut down or restriction of the Software pursuant to this Section will result in the termination of this EULA or any of the terms and conditions herein. To the extent that You use certain Site Features (defined below) through the Network, You will be subject to any additional guidelines, restrictions or rules applicable to such access, including, without limitation, any technical specifications that CRI may provide from time to time and CRI's Terms of Use ("Website Terms") and Privacy Policy ("Privacy Policy"), which are available at http://www.thebluebook.com or such other URL as CRI may provide from time to time (the "Site"). CRI uses the means that it believes is reasonable to provide access to its Network through the Software 24 hours a day, 7 days a week, except in the case of natural disasters or events beyond the control of CRI and subject to any breakdowns or any maintenance operations required to ensure the smooth operation of its website service and equipment. CRI will not be liable for any failure or deficiency in the performance of its Network by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to CRI, fire, terrorism, natural disaster or war. You are responsible for taking all appropriate measures to back-up Your own Data (defined below) and to protect Your own Data, software and equipment.3. LICENSE GRANT; SINGLE USER
Subject to the terms and conditions of this EULA, CRI hereby grants to You a limited, non-sublicensable, non-exclusive, non-transferable right to use one copy of the specified version of each Software Product (or with respect to a Software Product which is a web-based service, such right does not entitle You to make any copies, but rather simply to access and use such service through the Internet) and the accompanying documentation, which shall include, without limitation, any printed materials, "online" or electronic data provided by or obtained from CRI with regard to the Software ("Documentation"), solely for Your individual use. Even though copies of the Software may be provided on media of different formats, including, without limitation, electronically over the Internet, copies of the Software on different media formats do not constitute multiple licenses to the Software. This license authorizes You (excluding any Software Product offered solely as a web-based service) to make one copy of the Software solely for backup or archival purposes, provided that the backup, archival or any other type of copies of the Software and Documentation You make contains all of the proprietary notices set forth in or on the version of the Software You are then using pursuant to this EULA.3.2 You may use only one copy of the Software on a total of one computer or workstation or one such other electronic device for which the Software was designed ("Client Device"), unless otherwise set forth herein (for a Software Product offered as a service, only use such service under a particular set of log-in credentials on one computer workstation or electronic device at a time). The component parts of the Software may not be used individually or jointly, in full or in part, on more than one Client Device, unless otherwise set forth herein. The Software is "in use" on a Client Device when it is loaded into the temporary memory (i.e., random-access memory or RAM) of such Client Device.