Terms and Conditions
TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR OBTAINING A BLUESTAR INSPECTION REPORT ON YOUR VEHICLE. THESE TERMS AND CONDITIONS APPLY TO THE WEBSITE BLUESTAR.COM AND ANY BLUESTAR MOBILE DEVICE APPLICATION INTENDED FOR USE BY CONSUMERS (COLLECTIVELY, THE “SITE”). BY VISITING OR USING THE SITE, OR ANY PAGE OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND BLUESTAR. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR OBTAIN A BLUESTAR REPORT FOR YOUR VEHICLE.
BLUESTAR RESERVES THE RIGHT, AT ITS DISCRETION, TO UPDATE OR REVISE THESE TERMS AND CONDITIONS. PLEASE CHECK THE TERMS AND CONDITIONS PERIODICALLY FOR REVISIONS AND UPDATES. YOUR CONTINUED USE OF THE SITE AFTER THE POSTING OF ANY CHANGES TO THE TERMS AND CONDITIONS CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
1. General. The Site is owned and operated by BLUESTAR Inspections, Inc. (“BLUESTAR”). BLUESTAR has the right at any time to change or discontinue any aspect or feature of the Site or services offered, including, without limitation, the content, hours of availability, and equipment needed for access to or use of the Site, items covered in the vehicle inspection, price, and number and location of authorized BLUESTAR inspection stations. By using the Site, you hereby agree that you are at least eighteen (18) years of age and bound by all of the following provisions of these Terms and Conditions.
Communications, if any, between BLUESTAR and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other communications exchanged between you and BLUESTAR electronically shall satisfy any legal requirements that such communications be in writing.
2. Restrictions on Use. The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos and graphics (the “Content”). The Content of the Site, as well as the organization, layout, arrangement and design elements of the Site and each individual page of the Site, are the property of BLUSTAR and its affiliates and are protected by United States and international copyright, trademark and other applicable intellectual property laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part; with the exception to the above being a link to or printed copy of the applicable BLUESTAR INSPECTION REPORT on a given vehicle. Except as otherwise expressly permitted under these Terms and Conditions or copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of BLUESTAR or the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or printing the copyrighted material, or by using the Site.
BLUESTAR offers you access to the Site and to the Content available on the Site solely for your own personal and non-commercial use. You may not resell or make any commercial use of the Site or the Content, YOU MAY NOT MAKE USE OF ANY ROBOTS, SPIDERS, OR SIMILAR DATA MINING, DATA GATHERING OR EXTRACTION TOOLS OR MANUAL PROCESSES TO COLLECT, GATHER OR COPY ANY OF THE CONTENT. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Site not otherwise permitted herein. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BLUESTAR or its affiliates without prior express written consent. You may not use meta tags or any other “hidden text” utilizing the BLUESTAR name, logos, or trademarks without the express written consent of BLUESTAR.
Systematic retrieval of the Content or other data from the Site to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of BLUESTAR is strictly prohibited.
You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other person’s use and enjoyment of the Site.
The provisions of this Section 2 are for the benefit of BLUESTAR, its subsidiaries, and affiliates, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Illegal and/or unauthorized uses of the Site, including, without limitation, any activities or use of the Site that are fraudulent or otherwise objectionable or inappropriate, or violate (i) these Terms and Conditions, (ii) the rights of BLUESTAR or any affiliate, or (iii) any law or regulation, will be investigated. BLUESTAR may take any legal action, as it deems appropriate and necessary, including, without limitation, civil and criminal proceedings, and proceedings for restraining orders and injunctions. You agree that monetary damages may not provide a sufficient remedy and you consent to injunctive or other equitable relief for such violations without the requirement that BLUESTAR post a bond.
3. Vehicle Inspections and Reports. Vehicle inspections are performed by independent, third-party mechanics and auto repair shops. BLUESTAR does not own, operate, or control any repair shop or mechanic designated as a BLUESTAR certified inspection location, station or shop, as such, BLUESTAR does not guarantee the inspection results or any additional work performed by such mechanics and repair shops. BLUESTAR INSPECTION REPORTS ARE NOT A WARRANTY OR GUARANTY ON THE VEHICLE. NEITHER BLUESTAR, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE BUYER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE LISTED ON THE SITE OR IN A BLUESTAR INSPECTION REPORT. Used car buyers should not rely solely on a BLUESTAR inspection report in their decision to buy a vehicle. The inspection report is meant to cover certain items, but not all mechanical components of a vehicle. Likewise, items that may appear acceptable now, may need work or attention shortly after the inspection is completed. BLUESTAR is not liable or responsible for any damage to your vehicle caused during the inspection or while your vehicle is in the possession of the mechanic or auto repair shop. Any such claims are between the consumer and the repair shop. If you believe that any mechanic at a BLUESTAR inspection station acts unprofessional in any way, please contact BLUESTAR at 801-903-1701.
Vehicle Remains “As Is”. Because the vehicle being inspected is a used vehicle, you agree that, even after inspection, if you decide to purchase any vehicle for which a BLUESTAR inspection report has been obtained, you will be purchasing the vehicle in an “as is” condition, unless otherwise warranted by the seller. The BLUESTAR inspection report shall not be construed as a substitute for any safety and/or emissions inspection that is required by applicable state laws.
4. Refund and Reinspection Policies. BLUESTAR does not offer refunds. Vehicle owners that have a BLUESTAR inspection report completed and do not like the results may choose not to have the report posted online, but are not eligible for a refund. Consumers having their vehicles reinspected after completing certain repairs but prior to the BLUESTAR report being posted online may be charged a reinspection fee of up to $50 by the resinspecting mechanic. There is no fee to BLUESTAR for the reinspection, but the mechanic or auto repair shop may charge a fee depending on the time and labor needed to reinspect the vehicle. BLUESTAR inspection reports are posted online and accessible for 60 days from the date of the original inspection. Hence, the actual time an inspection report is available and accessible online may be less than 60 days if the vehicle owner chooses to have repairs completed and the vehicle reinspected prior to posting.
5. Disclaimer of Warranty; Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER BLUESTAR, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE, OR MATERIALS PROVIDED THROUGH THE SITE.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES RELATING TO ANY OF THE VEHICLES ABOUT WHICH INFORMATION IS POSTED ON THE SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BLUESTAR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL BLUESTAR, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BLUESTAR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR OBTAINING ANY REPORTS FROM THSI SITE OR FOR THE BLUESTAR INSPECTION ON YOUR VEHICLE.
6. Indemnification. You agree to defend, indemnify, and hold harmless BLUESTAR and its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of (i) your use of the Site or any information you obtain from the Site or its content (including, without limitation, any BLUESTAR Inspection Reports), (ii) any distribution, publication, refusal to publish, deletion, editing or other use of the content you provide, (ii) your breach of these Terms and Conditions or (iii) any actual, prospective or terminated sale or other transaction between you and a third party.
7. Trademarks and Patents. All trademarks and service marks of BLUESTAR and its subsidiaries or affiliates displayed on the Site are subject to state, federal, and/or international trademark protection. Unless expressly authorized by BLUESTAR, you may not use its trademarks or service marks with any product or service, or in any manner that is likely to cause confusion among customers, or that might disparage or discredit BLUESTAR. All other trademarks appearing on the Site are the property of their respective owners, including third party providers of products and services with links to and from the Site.
8. Third Party Content. Any information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of BLUESTAR.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
The Site may include functionality that allows users to post comments. You may post comments or submit materials on the Site so long as the content is not illegal or in violation of any applicable laws or regulations (including, without limitation, any vehicle advertising laws), obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the content.
If you do post content or submit material, and unless we indicate otherwise, you grant BLUESTAR and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity. BLUESTAR has the right but not the obligation to monitor and edit or remove any activity or content. BLUESTAR takes no responsibility and assumes no liability for any content posted by you or any third party.
9. Viruses. BLUESTAR assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
10. Export Control. Software and other materials from the Site may also be subject to United States Export Control laws. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the US Commerce Department’s Table of Deny Orders. BLUESTAR does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Laws.
11. BLUESTAR Inspection Locations / Authorized Mechanics. BLUESTAR certified inspection locations are independent mechanics and repair shops. BLUESTAR provides guidelines on how to perform the 45-category, 150 point plus mechanical inspection, but other than this has no control, ownership, or authority over such mechanics and repair shops. BLUESTAR implements procedures to seek out quality mechanics, but does not guarantee the work of any mechanic or repair shop, as each is independently owned and operated separate from BLUESTAR.
12. Changed Terms. BLUESTAR has the right at any time to change or modify the Terms and Conditions applicable to use of the Site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Site, or by electronic or conventional mail, or by any other means. Any use of the Site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions, or deletions.
13. Miscellaneous. These Terms and Conditions constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These Terms and Conditions shall be construed in accordance with the laws of the State of Utah, without regard to its conflict of laws rules, including but not limited to, the Uniform Computer Information Transactions Act (“UCITA”). You hereby consent to the personal jurisdiction of any state or Federal court in the State of Utah, acknowledge that venue is proper in the State of Utah, agree that any action related to these Terms and Conditions must be brought in a state or Federal court in the State of Utah, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
14. Digital Millennium Copyright Act Notice. It is the policy of BLUESTAR to respect the intellectual property of others. If you are alleging that material available on or through this Site infringes upon your copyright, please submit a written notification pursuant to the Digital Millennium Copyright Act (‘DMCA’). The notice must include the following to be effective:
- 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, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit BLUESTAR to locate the material
- Information reasonably sufficient to permit BLUESTAR to contact you, such as an address, telephone number, and, if available, an email address
- A statement that you 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
All written notices should be sent to the following:
BLUESTAR INSPECTIONS, INC
Attn: General Counsel
520 N. Marketplace Drive, Suite 200
Centerville, UT 84010
Phone: (801) 903-1701
BY VISITING OR USING THE SITE, ANY PAGE OF THE SITE, OR BY OBTAINING A BLUESTAR INSPECTION FOR YOUR VEHICLE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND BLUESTAR INSPECTIONS, INC. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR USE ANY OF THE SERVICES OFFERED ON THIS SITE.
© 2016 BLUESTAR INSPECTIONS, INC.
Last Updated February 2016.