that apply to your use of the www.BlueSkyPortal.com web site (the "Web Site" or
"Site") and services owned or operated by Custom Home Inventory Services, Inc.,
referred to here as "BLUE SKY PORTAL" and collectively "we," "us," or "our", and
any other site that we own and operate or may own or operate in the future. Unless
otherwise stated, all references to the Web Site in these terms and conditions include
all such sites. By using the Web Site, you agree to comply with all of the Terms
of Use. If you do not agree to these terms, please discontinue use of the Web Site.
1. Scope of Terms and Conditions
By virtue of your usage of the Site, you agree to be bound by these terms, and any
additional terms that correspond to any special program or promotion. These terms
are legally binding upon you as a user of the Web Site. By using this site after
we post any changes to these terms and conditions, you agree to accept those changes,
whether or not you have reviewed them. If at any time you choose not to accept these
terms and conditions of use please discontinue use of the Web Site.
2. Web Site Registration, Security, Accounts and Password
Due to the nature of the transactions available through the Web Site and BLUE SKY
PORTAL's desire to maintain the confidentiality of user information, BLUE SKY PORTAL
has undertaken certain security measures, including the use of passwords and user
identification numbers/words, to assist in keeping your information confidential.
When your account is created, you may need to provide a unique user name, a password
and an e-mail address. You are responsible for maintaining password confidentiality
and for your account, and are entirely responsible for all activities that occur
under your password. Changes to your password or any other account information may
be made at any time by accessing your My Account page once you have logged in. You
agree to immediately notify BLUE SKY PORTAL of any loss, theft, or unauthorized
use of your password or other breach of security, and to exit from your account
at the end of each session. BLUE SKY PORTAL cannot and will not be liable for any
losses or damages resulting from your failure to comply with this Section. Except
where directly authorized by law, you certify that you are not using another person's
password or user identification to access an account or other area of the Site.
You agree not to falsely state or otherwise misrepresent your affiliation with a
person or entity to obtain access to an account or the Site.
You also agree to: (1) provide certain current, complete, and accurate information
when prompted to do so by us, and (2) maintain and update this information as required
to keep it current, complete and accurate. If any information provided by you during
your original registration or in your My Account is inaccurate, BLUE SKY PORTAL
reserves the right to terminate your account immediately and your right to use the
BLUE SKY PORTAL services.
3. Lawful Use Only
You may not use the Web Site, in whole or in part, for any purpose that is unlawful
or prohibited by these Terms and Conditions. You may not take the results from a
Web Site search and reformat and display them, or mirror the Web Site home page
or results pages on your web site. You may not "meta-search" the Web Site.
You agree that you will not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, transfer, download, post, create derivative works from,
frame in another web page, use on any other web site, transfer or sell any information,
software, lists of users, databases or other lists, products or services provided
through or obtained from the Web Site, including, but not limited to the text, graphics,
logos, photos, and audio and visual files, without express written permission from
BLUE SKY PORTAL.
This means, among other activities, that you agree not to engage in the practices
of "screen scraping," "database scraping," or any other activity with the purpose
of obtaining lists of users or other information. You agree that you will not use
the Web Site in any manner that could damage, disable, overburden, or impair the
Web Site or interfere with any other party's use and enjoyment of the Web Site.
You may not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the BlueSkyPortal.com
You, or any agent or party on your behalf, agree that you shall not enter the Site
in order to use data digitized by BLUE SKY PORTAL for any purpose other than those
Your privacy is very important to us. Click to review the BlueSkyPortal.com
5. Electronic Communications
When you visit the Web Site or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically. We
will communicate with you by e-mail or by posting notices on this Site. You agree
that all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be
6. Service and Product Descriptions
BLUE SKY PORTAL and its affiliates attempt to be as accurate as possible. However,
BLUE SKY PORTAL does not warrant that service or product descriptions or other content
of this Site is accurate, complete, reliable, current, or error-free. If a service
or product offered by BLUE SKY PORTAL itself is not as described, your sole remedies
are to contact BLUE SKY PORTAL and abide by its respective policies.
7. Copyrights and Trademarks
The materials used and displayed on the Web Site, including but not limited to text,
software, photographs, graphics, illustrations and artwork, video, music and sound,
and names, logos, trademarks and service marks (collectively, the "Materials"),
are the property of BLUE SKY PORTAL or its affiliates or licensors who have granted
BLUE SKY PORTAL permission to use such Materials. All Materials are protected by
copyright, trademark and other laws. You agree not to modify, reproduce, retransmit,
distribute, disseminate, sell, publish, broadcast or circulate any Material without
the written permission of BLUE SKY PORTAL or the appropriate affiliate or licensor.
8. Links to Third-Party Web Sites
BLUE SKY PORTAL and the Web Site may provide hyperlinks to our Vendor's web sites
and other third-party web sites as a convenience to users of the Web Site. BLUE
SKY PORTAL does not control third-party web sites and is not responsible for the
contents of any linked-to, third-party web sites or any hyperlink in a linked-to
web site. BLUE SKY PORTAL does not endorse, recommend or approve any third-party
web site hyperlinked from the Web Site. Any content, representations or warranties
made on such other web sites are the sole responsibility of the operator of the
site, and BLUE SKY PORTAL assumes no liability, obligation, or responsibility for
such content, representations, or warranties. Some of the internet sites that you
visit through these links may assess separate charges for the content, goods or
services that they provide. Costs, taxes or other charges you incur when visiting
these web sites are your sole responsibility.
Other sites may link to the Web Site only through a plain-text link. Permission
must be granted by us, for any other type of link to the Web Site. To seek our permission,
you may write to BLUE SKY PORTAL at info@BlueSkyPortal.com
. We reserve the right,
however, to rescind any permission granted by us to link through a plain-text link
or any other type of link, and to require termination of any such link to the Web
Site, at our discretion at any time.
9. Disclaimer of Warranties
The information and materials on the Web Site could include technical inaccuracies
or typographical errors. Changes are periodically made to the information contained
The information, photography, text, graphics and other materials provided on the
Web Site are intended solely for informational purposes only and are not intended
to constitute an offer or solicitation, or advice or an opinion to buy, sell, or
trade any asset or financial instrument. While we make every effort to provide accurate
information on the Web Site, we cannot guarantee that all of the information on
our Web Site is correct or current.
You understand that, except for information, products or services clearly identified
as being supplied directly by BLUE SKY PORTAL, BLUE SKY PORTAL does not operate,
control, endorse, guarantee, represent or warrant any information, products or services
on, or accessed through, the Web Site in any way. Except for BLUE SKY PORTAL identified
information, products or services, all information, products and services offered
on the Web Site are offered by third parties that are not affiliated with, nor under
the control of, BLUE SKY PORTAL. BLUE SKY PORTAL will not and does not guarantee,
represent or warrant that files or software of any kind, or from any source, available
for use or downloading through the Web Site, will be free of infection or viruses,
worms, Trojan Horses or other code or defects that manifest contaminating or destructive
FURTHERMORE, BY USING THE BLUESKYPORTAL.COM WEB SITE, YOU ACKNOWLEDGE THAT BLUE
SKY PORTAL IS NOT A SELLER OF OUR VENDOR'S PRODUCTS AND SERVICES (OR ANY THIRD PARTY
PRODUCTS OR SERVICES), NOR DOES BLUE SKY PORTAL OFFER ADVICE, OPINIONS, OR EXPERTISE
WITH RESPECT TO SUCH VENDORS, PRODUCTS, SERVICES, OR RELATED TOPICS.
BLUE SKY PORTAL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION,
MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY "AS
IS" BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS TO THE FULLEST
EXTENT PERMITTED BY LAW ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
OF PROPRIETARY RIGHTS. BLUE SKY PORTAL DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEB SITE OR BLUE SKY PORTAL'S OTHER
SERVICES. BLUE SKY PORTAL DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE
OBTAINED THROUGH THE WEB SITE OR ITS OTHER SERVICES. BLUE SKY PORTAL DISCLAIMS ANY
WARRANTIES FOR SERVICES OR GOODS RECEIVED OR OBTAINED THROUGH OR ADVERTISED ON THE
WEB SITE OR OTHER BLUE SKY PORTAL SITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY
THE WEB SITE OR BLUE SKY PORTAL, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED
THROUGH ANY LINKS PROVIDED IN THE WEB SITE OR OTHERWISE BY BLUE SKY PORTAL.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA
THROUGH THE USE OF THE WEB SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT
VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BLUE SKY PORTAL BE LIABLE TO ANY USER ON ACCOUNT OF
THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE WEB SITE OR OTHER BLUE SKY PORTAL
SERVICES, OR THE PRODUCTS OR SERVICES OFFERED BY ANY VENDOR LISTED ON THE SITE OR
OTHERWISE REFERRED BY BLUE SKY PORTAL, ARISING FROM ANY CLAIM RELATING TO THE USE
OF THIS SITE, OR INFORMATION OR NOTIFICATIONS CONTAINED, OBTAINED, OR ACCESSED THROUGH
THIS SITE, OR OTHERWISE TRANSMITTED TO THE USER BY OR ON BEHALF OF BLUE SKY PORTAL.
BY USING THIS SITE AND OUR SERVICES, YOU UNDERSTAND AND ACCEPT THAT THE INFORMATION
WE PROVIDE CAN BE INACCURATE AND INCOMPLETE; YOU ASSUME THAT RISK, AS WELL AS THE
RISK OF ALL DECISIONS YOU MAKE BASED UPON OR AS A CONSEQUENCE OF RECEIVING OR NOT
THE INFORMATION OR ANY NOTIFICATIONS.
THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH
CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
(EVEN IF BLUE SKY PORTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH
LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE
OF AND RELIANCE ON THE WEB SITE OR OTHER BLUE SKY PORTAL SERVICES, FROM INABILITY
TO USE THE WEB SITE OR OTHER SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR
TERMINATION OF THE WEB SITE OR OTHER SERVICES (INCLUDING SUCH DAMAGES INCURRED BY
THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED
BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE
OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEB SITE, AS WELL AS BY REASON OF
ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE OR RECEIVED
THROUGH ANY LINKS PROVIDED IN THE WEB SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT
LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS,
OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE
OR NON-PERFORMANCE OF THE WEB SITE OR OTHER BLUE SKY PORTAL SERVICES OR ANY INFORMATION
OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEB SITE
OR THOSE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall BLUE SKY PORTAL be
held liable for any delay or failure in performance resulting directly or indirectly
from acts of nature, forces, or causes beyond its reasonable control, including,
without limitation, Internet failures, computer equipment failures, telecommunication
equipment failures, other equipment failures, electrical power failures, strikes,
labor disputes, riots, insurrections, civil disturbances, shortages of labor or
materials, fires, floods, storms, explosions, acts of God, war, governmental actions,
orders of domestic or foreign courts or tribunals, non-performance of third parties,
or loss of or fluctuations in heat, light, or air conditioning.
11. Third Party Sources
In order to provide a comprehensive resource for our users, BLUE SKY PORTAL may
offer information from many sources. The accuracy of such information has not necessarily
been verified. If you believe any information is inaccurate, please contact BLUE
SKY PORTAL at info@BlueSkyPortal.com
12. Applicable Law, Venue and Limitation of Actions
These terms and conditions and any claims relating to the information available
on the Web Site shall be governed by the laws of the State of California U.S.A.,
excluding the application of its conflicts of law rules, and without giving effect
to your actual state or country of residence.
BLUE SKY PORTAL makes no representation that the information on the Web Site is
appropriate or available for use in other locations, and access to the Web Site
from territories where the contents of the Web Site may be illegal is prohibited.
Those who choose to access the Web Site from other locations do so on their own
initiative and are responsible for compliance with applicable local laws.
Regardless of where you access this site, you agree that any action at law or in
equity arising out of or relating to these terms and conditions shall be filed and
adjudicated only in the federal or state courts located in San Diego, California
U.S.A., and you hereby irrevocably and unconditionally consent and submit to the
exclusive jurisdiction and venue of such courts over any suit, action or proceeding
arising out of these terms and conditions.
to the subject matter hereof and supersede and replace all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter. Any
and signed by an officer of BLUE SKY PORTAL. User and BLUE SKY PORTAL agree that
any lawsuit arising out of or related to BLUE SKY PORTAL's services or this Web
Site must commence within a maximum of two (2) years after the cause of action arises;
otherwise, such cause of action is permanently barred. The section titles in these
or contractual significance.
BLUE SKY PORTAL may give notice to you by e-mail, a posting on the Site, or other
reasonable means. You must give notice to BLUE SKY PORTAL in writing or via e-mail
or as otherwise expressly provided by BLUE SKY PORTAL. BLUE SKY PORTAL may broadcast,
distribute or display notices or messages through the Web Site to inform you of
broadcast, distributions or displays of information shall constitute notice to you.
You agree that we may treat specific actions by you, such as checking boxes to receive
e-mail updates, sending us an e-mail directly or through the BLUE SKY PORTAL site,
or leaving a telephone message with an e-mail address for customer service to respond
to a query about your account, as a request that we communicate personal financial
or other information with you by unencrypted e-mail. You acknowledge and agree that
unencrypted e-mail sent over the Internet is not secure and may be read by others,
and you agree that when you request that we send you e-mail you are authorizing
us to transmit and disclose your information (including your personal financial
or other information) from time to time in an unencrypted manner. You further acknowledge
that e-mails sent with this information are not stored in a secure manner.
You may terminate your participation in BLUE SKY PORTAL's programs or services with
or without cause at any time which will take immediate effect. You agree that BLUE
SKY PORTAL, in its sole discretion, with or without cause, may terminate your password,
user identification (or any part thereof) or use of the Site for any reason, including,
without limitation, if BLUE SKY PORTAL believes that you have violated or acted
may be effected without prior notice, and acknowledge and agree that BLUE SKY PORTAL
may immediately deactivate or delete your password and user identification and any
electronic access to information in your account and/or bar any further access to
such files or the Site. Further, you agree that BLUE SKY PORTAL shall not be liable
to you or any third party for any termination of your access to the Site.
Should you object to any terms and conditions of our programs, services, or these
or Terms or Use in any way, your only recourse is to immediately: (1) discontinue
use of the relevant BLUE SKY PORTAL program or service; and (2) notify BLUE SKY
PORTAL of your termination and, (3) at your discretion, notify BLUE SKY PORTAL of
the reasons for your termination. Upon termination of your use of the BLUE SKY PORTAL
service, your right to use the service shall cease immediately. You shall have no
right and BLUE SKY PORTAL will have no obligation thereafter to forward any unread
or unsent messages to you or any third party on your behalf. Sections of these Terms
of Use shall survive termination, as those sections would reasonably expect to do
time to time, for any reason, and without notice at any time by posting new Terms
will be apprised of any changes. You can send e-mail to BLUE SKY PORTAL with any