Last updated April 4, 2019. Replaces all prior versions.
IMPORTANT—READ CAREFULLY PRIOR TO USING BLUEBEAM’S SERVICES AND/OR SOFTWARE. THESE GENERAL TERMS AND ALL APPLICABLE ADDITIONAL TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BLUEBEAM, INC. ("BLUEBEAM"). BY ACCESSING AND OTHERWISE USING ANY PORTION OF THE SERVICES OR SOFTWARE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CREATE A USER ACCOUNT AND DO NOT ACCESS OR USE THE SERVICES OR SOFTWARE. YOU AGREE THAT YOUR ACCESS AND/OR USE OF THE SERVICES AND SOFTWARE REPRESENTS YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS.
Bluebeam’s Services and Software may be subject to one or more of the additional terms below (“Additional Terms”). If there is a conflict between the General Terms and the Additional Terms, the Additional Terms govern in regard to that particular Service or Software only. The Additional Terms are subject to change as provided therein.
Licensed Not Sold.
You acknowledge and agree that the Services and Software are licensed, not sold. All references in the General Terms or any Additional Terms to “sale”, “selling” or “purchase” of the Services and/or Software means the sale and/or purchase of a license to use the Services and/or Software only as licensed.
Intellectual Property Notice and Reservation of Rights.
Nothing in the Terms, nor your use of the Services or Software, shall constitute a sale or transfer of any copyright, trademark, trade dress, moral right, patent (whether pending or issued) or trade secret right (collectively the “Intellectual Property Rights”). All right, title, and interest in and to the Services and Software, including, without limitation, all Intellectual Property Rights therein, are owned and retained by Bluebeam. All rights not expressly granted by Bluebeam are hereby reserved.
Bluebeam User Account.
To purchase, access and/or use the Services, license Software and otherwise engage with us on matters described in these Terms, you must create and maintain a user account (“User Account”). User Accounts are restricted to those persons 18 years of age or older at the time of registration.
Registration Data. “Registration Data” includes only your first and last name and email address. When you create a User Account, you agree to (a) provide true, accurate, current and complete Registration Data; (b) to the extent you provide other information about yourself and as applicable your company and/or employer such as your employer’s name, your title, your address and/or country or region, or areas of work or interest (collectively “Profile Data”), you also agree to provide true, accurate and current Profile Data; and (c) update and maintain the Registration Data and Profile Data, if applicable, and promptly respond to requests from us to keep the Registration Data and Profile Data accurate and true. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Bluebeam has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bluebeam has the right to suspend or terminate your User Account and refuse any and all current or future use of the Services (or any portion thereof) or Software.
User Name Confirmation. Each User Account must have the associated e-mail address verified within seven (7) days of the User Account’s creation to remain active. Bluebeam is not responsible for e-mail notifications that are not delivered due to technologies such as spam, filters, or firewalls.
Password Requirements. Passwords must be at least 8 characters and include at least one uppercase letter, one lowercase letter, one number and one special character (e.g. !@#$%). You are solely responsible for maintaining the confidentiality of Your password.
Activity and Responsibility. You are solely responsible for any and all activity that occurs under your User Account, and Bluebeam shall have no responsibility with regard to the use, disclosure, or management of your User Account information or any content accessed, uploaded, processed or exchanged through use of your User Account. You are responsible for (a) keeping your User Account information confidential; (b) promptly notifying Bluebeam of any suspected or unauthorized use of your User Account or disclosure of your password to any third person/party; and (c) ensuring that you exit from your User Account at the end of each session.
Business Account. A User Account may be created for you by an administrator, such as your employer. If you are using a User Account assigned to you by an administrator different or additional terms may apply to you and the administrator may be able to access or disable your User Account.
Termination You may terminate your User Account at any time for any reason. Bluebeam may terminate your User Account, if in its sole and reasonable direction, we believe you have violated or these Terms. Upon termination, Bluebeam will permanently delete your password and any content that Bluebeam is not otherwise legally obligated to retain.
In order to enhance the quality of the Services and Software and to protect you and other Bluebeam licensees, customers, potential customers and affiliated third parties from illegal, irresponsible, or disruptive activities, you are required to comply with Bluebeam’s Acceptable Use Policy.
Future Modifications of these Terms.
Bluebeam may revise, modify or update the General Terms or any Additional Terms from time to time due to changes in the law, regulatory requirements, or improvements or enhancements to the Services and/or Software. Therefore, Bluebeam reserves the right to update and modify the General Terms or any of the Additional Terms at any time upon notice to you (a “Change Notice”). Bluebeam will send you a Change Notice by sending an email to the email address associated with your User Account or via an in-Service notification. If you do not agree with any of the updates and/or modifications made, you must immediately (i) remove all of your content; (ii) cancel your User Account; and (iii) discontinue all access and use of the Services and Software. By continuing to use the Services and/or Software after receipt of a Change Notice, you agree to be bound by the modified Terms.
Future Modification of the Services and/or Software.
Bluebeam is continually developing, changing and improving our Services and Software. We reserve the right to revise, modify or update the Services and Software from time to time in its sole discretion to add new features or functionality, modify existing features or functionality, or remove features or functionality. Bluebeam also reserves the right to discontinue (temporarily or permanently) the Services or Software, in whole or in part, or create new limits regarding the use of our Services and Software without liability to you or any third party.
Warranties and Disclaimers.
Bluebeam provides our Services and Software using a commercially reasonable level of skill and care. OTHER THAN AS EXPRESSLY SET FORTH IN THESE GENERAL TERMS OR ADDITIONAL TERMS, NEITHER BLUEBEAM NOR ITS SUPPLIERS OR VENDORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES OR SOFTWARE.
THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WHATSOEVER AND YOUR USE OF THE SERVICES AND/OR SOFTWARE IS AT YOUR OWN RISK. BLUEBEAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO AVAILABILITY, ACCURACY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SERVICES AND SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE THEREOF. BLUEBEAM MAKES NO WARRANTY THAT THE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS OR THAT THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLUEBEAM BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING NEGLIGENCE) FOR ANY LOST REVENUES, LOST PROFITS, LOST DATA, OR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR SOFTWARE EVEN IF BLUEBEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Internet Access and Fees.
The processing and transmission of communications and content from you to the Services and/or Software may involve transmissions over the internet and may involve one or more internet service providers, mobile service providers and networks (“Third Party Providers”). You acknowledge and agree that your use of Third Party Providers services are your sole responsibility and that Bluebeam cannot and will not be liable for the timeliness, deletion, mis-delivery or failure of any Third Party Providers or any charges, fee or taxes you may incur from such Third Party Providers.
Links and Third Parties.
The Services and/or Software may contain links to other internet sites or online resources over which Bluebeam has no control. These links and resources are provided for convenience only and should not be construed as an endorsement by Bluebeam of any content, items, or services on such third party websites. Your access, viewing and use of such website links, including any content, items or services therein, are solely at your own risk. Bluebeam is not responsible or liable in any way for any content, advertising, services or goods on or available from such third party websites or resources.
DMCA and Copyright Infringement.
Bluebeam respects the intellectual property rights of others and we expect you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the notification steps outlined in our DMCA Policy.
Trade and Export Laws.
The Services and Software and your use thereof are subject to the United States and international trade and export laws, regulation and restrictions (“Export Laws”). Export Laws govern the import, export and use of the Services and Software. You agree to comply with all applicable Export Laws. You agree that you will not access or use the Services or Software from within a United States sanctioned location or if you appear on any United States government restricted parties list. You agree that you will not upload or otherwise provide Bluebeam with any content, documents, or other materials that cannot legally be transferred from your location to the United States or from the United States to your location.
Bluebeam’s websites describing the Services and Software are accessible worldwide; however, not all Services, Software or features thereof may be available in your country. The Services and Software are also not available in all languages.
Notices to Bluebeam shall be sent via email to email@example.com.
Notices to you shall be sent via email to the email address you provide and maintain in your User Account.
You may not assign or otherwise transfer the Terms or your rights and obligations under the Terms, in whole or in part, without Bluebeam’s prior written consent, and any such attempt will be void. Bluebeam may transfer our rights under the Terms to a third party.
Whenever possible, each provision of the General Terms and Additional Terms shall be interpreted in such a manner as to be effective and valid under applicable law. Notwithstanding the foregoing, if any term, provision, covenant or condition of the General Terms and Additional Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
No failure or delay by Bluebeam in enforcing any right or provision of the General Terms or Additional Terms will be deemed a waiver unless made in writing and signed by a duly authorized representative of Bluebeam. No single waiver will be considered a continuing or subsequent waiver.
The General Terms and all Additional Terms are written in the English language and shall be construed and interpreted in accordance with such language, regardless of any translations that may be created and/or executed.
The General Terms and all Additional Terms shall be governed and construed in accordance with the laws of the State of California, excluding California’s choice-of-law principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of California, excluding California’s choice-of-law principles. The provisions of the United Nations Convention on Contracts for International Sales of Goods shall not apply to the General Terms or Additional Terms or the transactions contemplated thereby.
Any dispute, controversy or claim arising out of or relating to these General Terms or any Additional Terms which cannot be reasonably settled by good faith negotiations within ninety (90) days of the start of such negotiations (a "Claim"), shall be settled by arbitration in accordance with the rules of the American Arbitration Association then existing when the Claim is first made (the “Arbitration Rules”). Judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. If the Terms contain provisions that conflict with the Arbitration Rules, the Terms shall govern. The arbitration shall be conducted in Los Angeles County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. Any appeal shall be heard and decided by a panel of three neutral arbitrators. The neutral arbitrator and the members of any appeal panel shall be retired judges or justices of any California state or federal court and shall be experienced in negotiating, making and consummating agreements of the type contemplated herein. You further agree that a restraining order, injunction, writ of possession and/or writ of attachment may be applied for from a court of competent jurisdiction by you or us pending resolution of the Claim.