TERMS & CONDITIONS

Terms of Use and Privacy Policy 

Last updated: May 2023

  • These Terms of Use and Privacy Policy (these “Terms”) set forth the terms of use governing the website located at cimelioblu.com (the “Website”), which is owned and operated by Cimelio Blu, LLC (“Cimelio Blu”, “we”, “us” or “our”),  and the privacy practices of Cimelio Blue, including our information gathering and dissemination practices. These Terms set forth your obligations and the obligations of Cimelio Blu with respect to your use of the Website. By using the Website, you agree to abide by these Terms. 

We may change these Terms from time to time without notice to you, including as necessary to address new issues and reflect changes on our Website or in the law. We will post those changes here. If we make any material changes to these Terms, we will post an announcement on the home page of the Website.

BY ACCESSING AND USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING AS THEY MAY BE MODIFIED, AND CONSENT TO OUR USING ANY INFORMATION THAT YOU PROVIDE TO US OR THAT WE COLLECT, IN ACCORDANCE WITH THESE TERMS.

Terms of Use

No Advice

Cimelio Blu provides no advice or recommendations with respect to the use of this Website, and the information and content contained herein are provided for informational purposes only and do not constitute (and should not be used as) a recommendation or solicitation to purchase or sell any security or make any type of investment or financial decision, nor do the contents of this Website constitute legal, tax, or accounting advice or advice regarding the suitability or profitability of any transaction or investment.  It is the Website visitor’s responsibility to evaluate the completeness, accuracy and usefulness of any information or content available on this Website and any decisions based on such information or content are the sole responsibility of the visitor.  We make no representation or warranty that any products or other matters described on this Website are appropriate or suitable for all persons.

Ownership of Content

All text, images, graphics, logos, sounds and software code and other content (“Content”) available on or through the Website are protected under the copyright laws, trademark laws and other intellectual property laws of the United States and other countries and are the property of Cimelio Blu, unless otherwise stated. They may only be used for the personal education of visitors to the Website and they may not be placed in the public domain. Except as expressly permitted herein, you may not reproduce, redistribute, publish, store, display, modify, transmit, sell, transfer, create derivative works of, publicly perform or otherwise use or exploit, by electronic or any other means, any of the Content without Cimelio Blu’s prior written consent.

Trademarks

CIMELIO BLU and other marks and logos used on the Website are service marks of Cimelio Blu.  They may not be used or displayed without the prior written consent of Cimelio Blu.  All other trademarks, service marks and trade names and logos appearing on the Website are the property of their respective owners and are included on the Website for informational purposes only.  No right, title or interest in any Content, trademark, service mark, trade name or logo appearing on this Website is transferred to you as a result of your use of the Website, and you may not use or reproduce any such Content, trademarks, service marks, trade names or logos without consent of the relevant owner thereof (including Cimelio Blu, as applicable).  

Conduct on our Website

The Website and the software underlying the Website and any services are the property of Cimelio Blu and its contractors.  You may only access and use the Website in compliance with these Terms.  You agree not to copy, modify, rent, lease, loan, sell, assign, distribute or reverse engineer any of the software or technology underlying the Website or any Content, information, products or services available on the Website.  

Use of the Website is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court and law-enforcement requests or requirements relating to your use of the Website.  We have the right, but not the obligation, to take any of the following actions, in our sole discretion, at any time and for any reason without giving you any prior notice: (i) restrict, suspend or terminate your access to all or any part of the Website, Content or our products or services; (ii) modify, suspend or discontinue all or any part of our products or services; (ii) refuse, move or remove any Content; or (iii) adopt additional general practices, fees and policies concerning the Website, Content and the products and services we provide or revise our general practices and policies.  You agree that we are not responsible and will not be liable to you or any third party for your failure to comply with these Terms.

Website Directed at United States Visitors

The Website and all Content, information, products and services available thereon are offered from, and targeted at and intended for visitors residing in, the United States. We make no representations or warranties that the Website or such Content, information, products and services are appropriate or available for use in countries outside of the United States. Visitors who choose to access the Website from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access. If you use this Website outside of the United States, you hereby consent to having your personal data collected, transferred to and processed in the United States.  Access to this Website and any Content, information, products and services available hereon is prohibited where such access or use violates applicable laws or regulations.

Children Under 18

Children under 18 are not eligible to use our Website.

Disclaimer of Warranties

You expressly acknowledge and agree that:

  • (a) YOUR USE OF THE WEBSITE AND ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES AVAILABLE THEREON IS AT YOUR SOLE RISK. THE WEBSITE AND ALL SUCH INFORMATION, CONTENT, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CIMELIO BLU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE AND ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES AVAILABLE THEREON.
  • (b) CIMELIO BLU DOES NOT WARRANT OR REPRESENT THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY INFORMATION, CONTENT, PRODUCTS, SERVICES OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS, (v) THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (vi) ANY ERRORS IN THE SITE WILL BE CORRECTED.    
  • (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR, AND WE DISCLAIM ALL LIABILITY FROM OR RELATING TO, (i) ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR OBTAINING OF ANY SUCH MATERIAL, (ii) DELETION, FAILURE TO STORE, MISDELIVERY OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL, AND (iii) SERVICE OUTAGES, FAILURE OF OUR SERVICE PROVIDERS, VIRUSES, MALWARE, NATURAL DISASTERS, DESTRUCTION OR DAMAGE OF OUR FACILITIES, ACTS OF NATURE, WAR, CIVIL DISTURBANCE OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL. YOU (AND NOT CIMELIO BLU OR ANY OF ITS OWNERS, LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
  • (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE OR ANY OF THE INFORMATION, CONTENT, PRODUCTS OR SERVICES AVAILABLE THEREON SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
  • (e) YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE WEBSITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

Limitation of Liability

Cimelio Blu and its owners, officers, directors, agents, partners and employees shall not be liable to you or any third party for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the Website or any Content, products or services available thereon, or resulting from any Content or other information, products or services obtained or messages received or transactions entered into through the Website, or resulting from unauthorized access to or alteration of your transmissions of data, including, but not limited to, damages for loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.

If you are dissatisfied with any portion of the Website or any Content, information, products or services available on or through the Website, or with any of these Terms, your sole and exclusive remedy is to discontinue using this Website.

Indemnification

By using the Website, you agree to indemnify, defend and hold Cimelio Blu and all of its officers, directors, owners, agents, partners, employees, representatives, advisors, information providers, suppliers and licensors (collectively, the “Indemnified Parties”) harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred by any Indemnified Party in connection with any claims arising out of your access to, use or misuse of the Website or any Content, information, products or services available on or through the Website, or your breach or violation of these Terms.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Indemnified Parties, and you agree to cooperate with our defense of these claims.

Privacy Policy

This section describes our privacy practices with respect to the personal information we collect or obtain in connection with the Website.  These privacy practices apply only to the Website and do not necessarily apply to our offline collection of information.

Information We May Collect and Track

Cimelio Blu may collect and maintain non-public information (“Information”) about the users of the Website that users may provide, such as users’ name, address, telephone number, and email address. Users may also be asked for additional required or optional Information.  If you contact us, we may keep a record of your correspondence and the information contained therein.  From time to time, we may archive and store the information you submit to or through the Website.  You may decline to provide requested Information, but you may be unable to access certain services and sections of the Website.  

We may also collect and maintain certain tracking data, including information regarding the number and frequency of visitors to the Website, the websites that users access before and after they visit the Website, the Internet browsers used by our visitors and our visitors’ IP addresses. Such Information is aggregated and will not be tied to you in any personally-identifiable manner other than your IP address. We may use your IP address to help diagnose problems with our server, and to administer the Website.

How We May Use Your Information

The Information you may provide to us or that we may collect in connection with your use of the Website may be used for our reasonable business purposes and the purpose for which you provided it, subject to these Terms, including, without limitation, to respond to your requests or correspondence, to contact you about the Website and/or to inform you about our activities and products . The Information, including tracking data, may also be analyzed so that we can serve you in the best manner possible on our Website through new features and functions and can provide you with useful information from Cimelio Blu, and may also be used to create reports on user demographics and the traffic patterns on the Website.

We may employ outside agents or third-party service providers to operate the Website and employ others to perform functions on our behalf, such as sending postal mail and e-mail and analyzing data. In such instances, these third parties may have access to personally-identifiable information needed to perform their functions, but these third parties may not use your Information for any other purpose.

How We May Disclose Your Information

To the extent we collect any Information about you, we will not disclose such Information to third parties, except: (i) if you have requested or authorized the disclosure of the Information, (ii) when we believe such disclosure is permitted and/or required by law, regulation or other governmental order, (iii) to our agents, consultants, sub-contractors and service providers in connection with the operation of the Website and our business; (iv) to enforce these Terms; (v) when we believe that such disclosure is necessary to protect the rights, property, security or safety of Cimelio Blu Website users or the public or to respond to an emergency; or (vi) as otherwise stated in these Terms.  Any Information provided to third parties is limited to the information needed to perform their functions. We seek to limit third-party use of information; however, we are not responsible for such third-party use of information. 

We may also share or transfer Information in the event of a bankruptcy, or in the event or during negotiation of any merger, acquisition, sale, joint venture, or reorganization involving all or a portion of our business, or otherwise in connection with a change of control of Cimelio Blu. You hereby authorize us to disclose your Information in those circumstances.

Other than as disclosed in these Terms, we keep any personal information we may collect from you private and will not share it with any third party, unless you have authorized us to or we are legally required to do so.

How Your Information Is Protected

In the event we collect any Information about you, we will take reasonable precautions to protect your Information from loss, misuse or alteration and  will also restrict access to your Information to those employees who need to know that Information to provide services to you. You should recognize, however, that there is no such thing as “perfect security” on the Internet and we cannot ensure or warrant the security of any information you may transmit to us. We are not responsible for and will not be liable for any security breach of our systems or data or any interception of transmissions.

Demographic Information

Demographic and profile data may be collected at our sites. We may provide such information in an aggregated or de-identified format to third parties without disclosure of personally-identifying information.

Correcting or Updating Personal Information

In the event we collect any personal information about you and your personal information changes, we will gladly correct, update, or remove any data you have previously provided to us. You may change your personal information at any time by sending Cimelio Blu an e-mail at the email address indicated on the Website. We may retain a copy of the prior version for our records.

Links to Third Party Sites

The Website may contain or provide access to links to sites owned and operated by other parties. The availability of such third-party links or services on the Site does not signify that we have any association with such third parties and does not constitute our endorsement of any information, content, products or services available through such third-party sites or services.  Your use of any third-party sites and services may be subject to the applicable third-party terms and conditions of use and privacy policies. We are not responsible for and have no control over the terms and conditions and privacy policies of those sites, or the activities of such third parties.  We encourage you to review the privacy policies of those sites prior to providing them with any Information.  You acknowledge and agree that we will have no liability for any damage or loss of any sort incurred as the result of your transactions or interactions with third parties.

Additional Terms

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in full force and effect.

If we are required by applicable law or judicial order to notify you of certain events, you hereby acknowledge and agree that any such notices will be effective upon our posting them on the Site, delivering them to you via email or your otherwise becoming aware of such notices through other means.  You are responsible for providing us with accurate contact information and we are not responsible for any failure to notify you due to your provision of inaccurate contact information.  

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms constitute the entire agreement between you and Cimelio Blu and govern your use of the Website, superseding any prior agreements that you may have with us, provided that some of the services available through the Website may be subject to additional terms and conditions regarding privacy and use of information, and your use of those services is subject to those terms and conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.

Headings in these Terms are provided solely for convenience and have no legal or contractual effect.

Applicable Law

These Terms will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Website will be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

© 2023 Cimelio Blu. All rights reserved.