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IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER WWW.BLUEEDGEFINANCIAL.COM. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 11, 16, and 17). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
The use of www.blueedgefinancial.com (hereafter “Website”), which is owned and maintained by Blue Edge Financial LLC d/b/a Blue Edge Financial (“Blue Edge Financial,” “we,” “our,” “us”), is governed by the terms and conditions set forth below. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, subscribing, or placing an order over the Website, you and your business agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF USE & SALE (“TERMS”) TOGETHER WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND BLUE EDGE FINANCIAL. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY BLUE EDGE FINANCIAL, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18
Blue Edge Financial reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at www.blueedgefinancial.com. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.
The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Blue Edge Financial trademark and logo are proprietary marks of Blue Edge Financial, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Blue Edge Financial.
Subject to your continued strict compliance with all Terms, Blue Edge Financial provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
If you purchase a subscription to Blue Edge Financial’s software over the Website, Blue Edge Financial provides to you a revocable, limited, non-exclusive, non-sublicenseable, non-transferrable license to use the software. You acknowledge and agree that: (1) the software is copyrighted material under United States and international copyright laws that is exclusively owned by Blue Edge Financial; (2) you do not acquire any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of Blue Edge Financial; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. (6) you will not use the software to manage other’s finances unless licensed to do so and with written consent from the owner’s of Blue Edge Financial.
You agree not to use or attempt to use the Website or any software provided by Blue Edge Financial, whether alone, or in conjunction with other software or hardware, in any unlawful
manner or a manner harmful to Blue Edge Financial. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:
These restrictions are in addition to those set forth in Section 14, which also apply to you. You further agree to conduct yourself and all of your businesses in full compliance with all applicable laws, whether through the use of Blue Edge Financial or otherwise.
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Policy. Our Privacy Policy may be viewed at www.blueedgefinancial.com. Blue Edge Financial reserves the right to modify its Privacy Policy in its reasonable discretion from time-to-time. Our Privacy Policy is incorporated into this Agreement by reference.
As a Blue Edge Financial user, you will be required to create an account with Blue Edge Financial. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Blue Edge Financial user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to, Blue Edge Financial under your user account. You agree to immediately notify Blue Edge Financial of any unauthorized use of your password or user name or any other breach of security related to your user account. You agree that Blue Edge Financial is not liable, and you will hold Blue Edge Financial harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 20 below for additional information.
If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at support@blueedgefinancial.com in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
Blue Edge Financial can change the monthly membership subscription rate at any time. If the membership subscription rate changes after you subscribe, we will notify you by email and give you an opportunity to cancel. If you wish to cancel your subscription at any time, you must follow the instructions in the knowledge base article “How do I cancel?” or live chat us at www.blueedgefinancial.com to request the cancellation. This must be done at least one day before your next subscription due date, or your credit card may still be charged. When canceling your account, you have the option to have the account terminated immediately or by your next due date. There is no pro-rating if you decide to terminate immediately. If you do not cancel at least one day before the next due date, your subscription will automatically continue and the payment card that you provided at the time of enrollment online will be charged the full monthly membership subscription rate provided at the time of enrollment each month until you cancel.
The Prop Farming Blueprint does NOT have a 30-day money back guarantee. Instead, the guarantee is that you are entitled to a full refund and reimbursement of up to five challenge fees if you are not funded any dollar amount by a proprietary firm within six months of purchase of the Prop Farming Blueprint Membership AND you have proved and/or performed the following:
1. You may use any strategy that shows PASS in the “Last Result” column AND it must have a recency score of at least 250 points (the more points the better). This includes any “weekly” or “daily” strategy on any of the prop firm leaderboards only (ie not including the Alpari leaderboard). And you must use the strategy on the same prop firm as the strategy’s leaderboard. For example if you use a strategy from the TFF leaderboard on FTMO or you use a TFF strategy on any other prop firm besides TFF, it will not count as an attempt towards the guarantee.
2. You are encouraged but not required to take and successfully pass an FTMO trial challenge before taking any real challenges. This will ensure the trader knows how to set things up correctly.
3. During a challenge, you may not manually intervene with the strategy or Titan X in any way that wasn’t backtested first. Acceptable proof would be access to the trading account logs showing no manual trades were taken and that Titan X was executing as expected and had matching results to the forward tests on the leaderboard results file and therefore was set up and run correctly.
4. Only one challenge attempt per strategy will count towards the guarantee at a time. You don’t necessarily need to wait for your original challenge to finish before starting a new one as long as the new one is using a different strategy than the original one. Otherwise, it will only count as one challenge attempt towards the guarantee.
5. If you use a unique start time for a challenge i.e. not starting at the weekly market open or if you change any settings to make your strategy unique, you must provide a backtest to your success coach showing that your are able to achieve results that have a recency score of at least 250 and a Last Result = PASS.
6. After three failed challenge attempts, you must schedule a call with your assigned success coach to assess your progress and put together a game plan moving forward. If you need help contacting your assigned success coach, you can reach out to live chat support on our website www.blueedgefinancial.com.
7. After three failed attempts and a call with your success coach, you must attempt two more challenges in order to qualify for the guarantee. You must be able to show that the strategy discussed with the success coach was implemented successfully.
8. You must use the current version of Titan X that is available for download on our website. You may not use a beta version that is still in testing. Please be aware of any known bugs with the current version of Titan X by staying up-to-date in the discord announcement channels. You can also check with your success coach for any known bugs. Any sudden, unknown bugs that were not announced that cause you to fail your challenge will be counted as a failed attempt towards the guarantee. However you are responsible for managing any known bugs that were announced or that are listed on the downloads page of our website.
9. Any challenge or verification that is initiated during the month of December and fails will not count as an attempt towards the guarantee.
10. If you have failed five challenges following the guidelines above, after the 5th failed challenge, you must schedule another call with your success coach either directly or by contacting live chat support at www.blueedgefinancial.com. The success coach will review the final two failed challenges. If five challenges have been failed and it has been confirmed that the strategy has been followed correctly, Blue Edge Financial will either a) pass a challenge for you. This would be acceptable as a replacement for giving a refund if the challenge is passed or b) refund the trader initial amount paid to join the program plus a reimbursement for up to 5 challenges. The client has the option to choose either A or B.
Please note:
The max amount of challenge fees reimbursed is $3,000. If any strategy is not followed exactly according to the checklist or as instructed in other training, it does not count towards the guarantee.
If your challenge is flagged by the prop firm for not following any of that prop firm’s rules, this does not count towards the guarantee. It is your responsibility to research and comply with their chosen prop firm’s rules.
Finally if you receive or purchase a DFY funded account and make a withdrawal using a Titan X strategy from the leaderboard, then that would fulfill this guarantee and the trader is no longer eligible for a refund.
All of the above steps must be followed exactly to be eligible for a refund to avoid the refund policy being taken advantage of.
Please note that any of the above is subject to change. We will announce any changes in discord. Please make sure you’re aware of any changes before attempting a new live challenge attempt in case of any changes. Any changes that are made after starting a challenge attempt will not apply to a challenge already in progress.
*For those who purchased Prop Farming Blueprint from the webinar between the dates of June 15th and June 18th, the same conditions to fulfill the guarantee are stated above. However, instead of refunding the amount spent on the program plus reimbursing your challenge fees if eligible for a refund, you will receive double your money used to purchase the program. This is part of the double your money back guarantee explained on the webinar.
You agree that, unless Blue Edge Financial decides they are no longer able to provide you a 100k funded account, You are not eligible for a refund. You understand that market conditions are unpredictable and, at times, Blue Edge Financial will fail the challenge. If Blue Edge Financial fails your challenge that you paid for, Blue Edge Financial agrees to pay for another challenge out of pocket and agrees to repeat this process until You are funded. The only circumstance in which Blue Edge Financial would give you a refund of what you paid to Blue Edge Financial would be if Blue Edge Financial were to decide that getting You funded is no longer possible. You understand that trading forex and the prop firm industry are risky. You also understand that, once funded, Blue Edge Financial does not have any control over your funded account or the actions of the prop firm. You understand that if you run into any issues with your funded account, you must contact the prop firm to resolve the issue, and issues with your funded account do not make you eligible for a refund for the service Blue Edge Financial provided to you.
A Blue Edge Financial user is responsible for paying all sums due to Blue Edge Financial in connection with their monthly subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access. Every calendar month, your account will be charged the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively, “Fees”). Failure by the Blue Edge Financial user to use any of the services available through the service provided by Blue Edge Financial does not relieve the Blue Edge Financial user of their payment obligations under these Terms.
Potential users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount).
IF YOU ARE A BLUE EDGE FINANCIAL USER WITH A MONTHLY SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO BLUE EDGE FINANCIAL, YOU MAY DO SO THROUGH YOUR ACCOUNT DASHBOARD OR BY E-MAILING SUPPORT@BLUEEDGEFINANCIAL.COM AT LEAST TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH.
Blue Edge Financial reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event Blue Edge Financial starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 20 below.
In addition to any Fees, Blue Edge Financial may also charge applicable value added or other tax.
Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the e-mail address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third party carrier.
Products, services, and prices are generally posted at the following URL, but are subject to change: www.blueedgefinancial.com. ClickFunnels reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.
Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing or placing an order over the Website, you authorize Blue Edge Financial to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of Blue Edge Financial services, and unless you terminate your subscription as provided herein, you agree that Blue Edge Financial may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after e-mail notice has been provided to you.
Blue Edge Financial takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
When ordering products or services, please note that Blue Edge Financial does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final except as provided in Section 6 of these Terms. Blue Edge Financial’s descriptions of, or references to, products or services not owned by Blue Edge Financial are not intended to imply endorsement of that product or service, or constitute a warranty by Blue Edge Financial.
The Forex Market is unpredictable and the way the software handles the market will always vary. The level of commitment to learning Forex will also vary by individual. Therefore, individual results will vary from user to user. YOUR INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOU, INCLUDING BUT NOT LIMITED TO YOUR WORK ETHIC, AVAILABILITY, AND CAPABILITIES.
Blue Edge Financial does not promise, guarantee, or warrant your success, income, or sales. You understand and acknowledge that Blue Edge Financial will not at any time provide sales leads or referrals to you. Those who purchase our products or services will receive access to software and tools to create be more successful in the Forex Market. I However, we do not guarantee your success and based upon many market factors that we cannot control, the software and tools we provide may or may not meet your expectations. Further, we do not make earnings claims, efforts claims, return on investment claims, or claims that our software, tools, or other offerings will make you any specific amount of money, and it is possible that you will not earn your investment back, or even lose money in the market. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not purchase our products or services if that is your expectation. Instead, you should purchase with the understanding that using the information and software purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics.
You agree that you will only use Blue Edge Financial’s products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose. Blue Edge Financial shall have no liability for your violation of any laws. You are solely and exclusively responsible for collecting and reporting any and all sales and use tax, and any other taxes, which may apply to sales of products or services by you business including, but not limited to, taxes which may apply to voluntary donations provided by your customers (as described in Section 13 below). You are also solely responsible for reporting any and all taxes associated with your profits in the Forex Market. Blue Edge Financial shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business, or your profits in the Forex Market. You agree to indemnify Blue Edge Financial as set out in Section 20 below in the event that you and/or your business violates any law and a claim is threatened or asserted against Blue Edge Financial as a result.
Blue Edge Financial may offer you an opportunity to become an independent Blue Edge Financial Affiliate (“Affiliate”), wherein you have the opportunity to earn money from commissions for Blue Edge Financial accounts that you sell to other users. Blue Ege Financial reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts.
COMPLIANCE WITH LAWS. As an Affiliate and otherwise including without limitation as a Blue Edge Financial user, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. Affiliates are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.
If you use any messaging software, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend Blue Edge Financial from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against Blue Edge Financial relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware. You further understand and agree that Blue Edge Financial has no control over, and therefore cannot be responsible for the functionality or failures of any third party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications.
In addition to the foregoing, Blue Edge Financial requires you to follow these best practices when sending electronic communications:
Affiliates are independent contractors and are not employees or agents of Blue Edge Financial. Affiliates have no authority to act on behalf of or bind Blue Edge Financial. Affiliates shall be solely and exclusively responsible for all costs and other expenses incurred. Sections 18 and 20 below – in their entirety (as well as all other terms in this Agreement) – apply to Affiliates, and further govern the relationship between Blue Edge Financial and each Affiliate.
To find out more information about the Affiliate program and the additional terms that apply, please click here.
Blue Edge Financial is pleased to hear from users and customers and welcomes your comments regarding our services and products. Blue Edge Financial may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Blue Edge Financial’s services or products, in printed and online media, as Blue Edge Financial determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our services or products. As set forth above in Section 11, your results will vary depending upon a variety of factors unique to you and market forces beyond Blue Edge Financial’s control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant Blue Edge Financial a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.
Additionally, Blue Edge Financial reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Blue Edge Financial shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
Any posts you share publicly on the internet using Blue Edge Financial products, you are 100% fully liable for showing complete trading report history. This includes all losses & gains using any Blue Edge Financial tools. Blue Edge Financial is not responsible for any misrepresentation any user declares on the internet regarding the transparency of their trading results using a Blue Edge Financial product. Again all testimonials / screenshots must be represented transparently including all gains and losses.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL BLUE EDGE FINANCIAL OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER BLUE EDGE FINANCIAL HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL BLUE EDGE FINANCIAL’S LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO BLUE EDGE FINANCIAL FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST BLUE EDGE FINANCIAL OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
If you have a complaint, dispute, or controversy, you agree to first contact us at support@blueedgefinancial.com to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Policy, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 19 and 20 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Utah County, Utah unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Policy, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Blue Edge Financial.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of Utah without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and Blue Edge Financial agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Blue Edge Financial expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120-day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with Blue Edge Financial, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
In order to prevent or limit irreparable injury to Blue Edge Financial, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Blue Edge Financial or a third-party, Blue Edge Financial shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Utah County, Utah restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Blue Edge Financial from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Utah County, Utah for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Blue Edge Financial, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.
If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send Blue Edge Financial a notice requesting that Blue Edge Financial remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Blue Edge Financial a counter-notice. Notices and counter-notices should be sent to Blue Edge Financial, Attention Legal Department, 1621 Central Avenue, Cheyenne, WY 82001, or by e-mail to support@blueedgefinancial.com. These Terms fully incorporate by reference the DMCA Policy.
The Website may contain links to other websites. Blue Edge Financial assumes no responsibility for the content or functionality of any non-Blue Edge Financial website to which we provide a link. Please see our Privacy Policyfor more details.
This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Blue Edge Financial services or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 11, 13, 15 through 20, and 24 through 32 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Blue Edge Financial.
Upon termination, you remain responsible for any outstanding payments to Blue Edge Financial.
No failure or delay on the part of Blue Edge Financial in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Blue Edge Financial.
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Policy, or any matter concerning Blue Edge Financial, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of Utah without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 18 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Utah County, Utah, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.
Blue Edge Financial will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
Blue Edge Financial may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without Blue Edge Financial’s (or its assigns’) express written consent.
All information communicated on the Website is considered an electronic communication. When you communicate with Blue Edge Financial through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You can review the most current version of the Terms at any time at www.blueedgefinancial.com under the “Terms of Use” link. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Policy by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not re-sell, re-distribute, or export any product or service that you order from the Website. You further represent that Blue Edge Financial has the right to rely upon all information provided to Blue Edge Financial by you, and Blue Edge Financial may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify Blue Edge Financial of the same within 24 hours. Blue Edge Financial, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by Blue Edge Financial without incurring any obligation or liability to you.
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and Blue Edge Financial and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Blue Edge Financial. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to support@blueedgefinancial.com.
If you have any questions or inquiries concerning any of the Terms, you may contact Blue Edge Financial by e-mail at support@blueedgefinancial.com.
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