Terms of Service

These Terms of Service (“Terms”) govern your access to and use of www.thebluefoundations.com and any webpages, content, materials, features, or functionality made available through the website (collectively, the “Website”).

The Website is operated by Blue Foundations (“Blue Foundations,” “we,” “us,” or “our”).

By accessing or using the Website, you agree to these Terms. If you do not agree with these Terms, please do not use the Website.

1. Purpose of the Website

The Website provides information concerning Blue Foundations, our capabilities, services, solutions, experience, and related business activities.

Website content is provided for general informational and business-development purposes.

Descriptions of services, technologies, capabilities, methodologies, case studies, results, or potential solutions do not constitute a binding offer or commitment by Blue Foundations to provide any particular service, functionality, deliverable, price, schedule, result, or performance level.

2. No Client Relationship Created by Website Use

Accessing the Website, submitting an inquiry, requesting a consultation, sending information to Blue Foundations, or otherwise communicating with us through the Website does not, by itself, establish a client, consulting, fiduciary, partnership, joint venture, agency, employment, or other professional relationship between you and Blue Foundations.

A client relationship will generally be established only through a separate written agreement or other written arrangement accepted by authorized representatives of the applicable parties.

You should not submit confidential, proprietary, trade-secret, regulated, or highly sensitive information through a general Website contact form unless Blue Foundations has expressly agreed to receive such information through that channel.

3. Separate Client Agreements

Professional services provided by Blue Foundations may be governed by separate agreements, including proposals, statements of work (“SOWs”), master services agreements (“MSAs”), service-level agreements (“SLAs”), nondisclosure agreements (“NDAs”), purchase orders, licensing agreements, or other written contracts.

If there is a conflict between these Terms and an executed agreement governing services provided by Blue Foundations, the executed agreement will control with respect to the subject matter covered by that agreement.

These Website Terms are not intended to modify the terms of an existing executed client agreement unless that agreement expressly provides otherwise.

4. No Professional Advice

Information available through the Website is general in nature and should not be considered legal, financial, accounting, tax, investment, cybersecurity, regulatory, or other specialized professional advice.

Technology, cybersecurity, artificial intelligence, cloud, infrastructure, data, and business decisions depend on circumstances specific to each organization.

You should obtain appropriate professional advice and conduct appropriate technical, legal, security, and business evaluations before relying on Website information to make material decisions.

5. Intellectual Property

Unless otherwise stated, the Website and its original content, design, graphics, branding, logos, text, diagrams, illustrations, icons, methodologies, presentations, visual elements, and other materials are owned by or licensed to Blue Foundations and are protected by applicable intellectual-property laws.

The Blue Foundations name, logos, branding, and associated marks may not be used in a manner that suggests endorsement, sponsorship, affiliation, or authorization without our prior written permission.

Subject to these Terms, Blue Foundations grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Website for lawful personal or internal business informational purposes.

No ownership rights are transferred to you by your use of the Website.

6. Restrictions on Use

You may not, without authorization:

• Copy, reproduce, republish, distribute, sell, license, or commercially exploit substantial portions of the Website or its proprietary content;
• Modify or create derivative works from proprietary Website materials except as permitted by law;
• Remove copyright, trademark, attribution, or proprietary notices;
• Use Blue Foundations branding in a manner likely to cause confusion;
• Attempt to gain unauthorized access to the Website, servers, systems, accounts, or networks;
• Probe, scan, or test vulnerabilities without authorization;
• Interfere with or disrupt Website functionality, security, infrastructure, or other users;
• Introduce malicious software, code, files, scripts, or other harmful technology;
• Use automated systems to access, scrape, harvest, extract, or reproduce Website content in a manner that places an unreasonable burden on our systems or violates applicable law;
• Impersonate Blue Foundations or another person or organization;
• Use the Website for fraudulent, unlawful, deceptive, abusive, or malicious purposes; or
• Assist another party in engaging in prohibited conduct.

Nothing in these Terms is intended to restrict conduct that cannot lawfully be restricted.

7. Artificial Intelligence, Technology, and Demonstration Content

Blue Foundations may discuss, demonstrate, describe, or provide examples involving artificial intelligence, automation, software engineering, data analytics, cybersecurity, cloud computing, systems integration, digital infrastructure, or other technologies.

Technology capabilities, demonstrations, conceptual architectures, examples, prototypes, forecasts, projections, or descriptions presented on the Website are illustrative unless expressly stated otherwise.

Actual performance, suitability, accuracy, availability, security, implementation requirements, costs, timelines, and outcomes depend on numerous factors and must be evaluated in the context of a specific engagement.

No Website content constitutes a guarantee that a particular technology, architecture, product, service, or implementation will be appropriate for a particular organization or use case.

8. Case Studies, Results, and Testimonials

The Website may describe prior engagements, use cases, success stories, outcomes, improvements, projections, estimates, or other results.

Such information is provided for illustrative purposes and does not guarantee that another client, project, system, or implementation will achieve the same or similar results.

Results vary based on factors including business requirements, data quality, technical environment, implementation scope, third-party systems, client participation, market conditions, and other circumstances.

9. Third-Party Products and Services

Blue Foundations may reference, integrate with, recommend, implement, or provide links to products, platforms, software, websites, cloud services, APIs, technologies, or services provided by third parties.

Unless expressly stated otherwise, references to third-party products or companies do not imply sponsorship, endorsement, partnership, or affiliation.

Third-party products and services are governed by their respective providers’ terms, licenses, privacy policies, availability, and practices.

Blue Foundations does not control third-party services and is not responsible for their independent acts, omissions, content, security, availability, policies, or performance.

10. Website Availability and Accuracy

We seek to provide useful and accurate information, but we do not warrant that Website content will always be complete, current, accurate, error-free, or available without interruption.

Technology, products, services, standards, regulations, pricing, capabilities, and industry practices can change rapidly.

Blue Foundations may modify, update, suspend, withdraw, or discontinue any portion of the Website at any time without notice.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

BLUE FOUNDATIONS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS REGARDING THE WEBSITE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, TO THE EXTENT PERMITTED BY LAW, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND SECURITY.

BLUE FOUNDATIONS DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, FREE FROM HARMFUL COMPONENTS, OR SUITABLE FOR ANY PARTICULAR PURPOSE.

Some jurisdictions do not permit the exclusion of certain warranties, so portions of this section may not apply to you.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUE FOUNDATIONS AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AFFILIATES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE OR ITS CONTENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUE FOUNDATIONS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT, IF ANY, YOU PAID BLUE FOUNDATIONS SPECIFICALLY FOR ACCESS TO THE WEBSITE DURING THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

THE LIMITATIONS IN THIS SECTION APPLY ONLY TO CLAIMS ARISING FROM OR RELATING TO THE WEBSITE AND DO NOT SUPERSEDE LIABILITY PROVISIONS CONTAINED IN A SEPARATE EXECUTED AGREEMENT BETWEEN BLUE FOUNDATIONS AND A CLIENT.

Some jurisdictions do not permit certain limitations of liability, and in those jurisdictions these limitations apply only to the maximum extent permitted by law.

13. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Blue Foundations and its owners, officers, directors, employees, contractors, representatives, affiliates, and agents from claims, liabilities, damages, losses, and reasonable costs and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• Your unlawful or unauthorized use of the Website;
• Your material violation of these Terms;
• Your infringement or violation of another party’s rights through your use of the Website; or
• Content or materials you knowingly submit through the Website in violation of applicable law or third-party rights.

Blue Foundations reserves the right to assume control of the defense of a matter subject to indemnification, in which case you agree to reasonably cooperate with our defense.

14. Privacy

Your use of the Website is also subject to the Blue Foundations Privacy Policy.

Please review the Privacy Policy for information concerning how we collect, use, disclose, and protect information associated with Website interactions.

15. Suspension or Termination of Access

Blue Foundations may restrict, suspend, or terminate access to all or part of the Website where we reasonably believe such action is necessary to protect the Website, Blue Foundations, our systems, other users, or third parties; respond to suspected unlawful or abusive conduct; or enforce these Terms.

16. Governing Law

These Terms and disputes arising out of or relating to the Website will be governed by the laws of the State of Florida, without regard to conflict-of-law principles, except to the extent applicable law requires otherwise.

Subject to applicable law and any controlling written agreement between the parties, legal proceedings arising solely from use of the Website shall be brought in a court of competent jurisdiction located in Miami-Dade County, Florida, and the parties consent to the jurisdiction of such courts.

17. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permissible or, where appropriate, severed from these Terms.

The remaining provisions will continue in full force and effect.

18. No Waiver

Blue Foundations’ failure to exercise or enforce a right or provision under these Terms does not constitute a waiver of that right or provision.

19. Assignment

You may not assign or transfer your rights or obligations under these Terms without Blue Foundations’ prior written consent.

Blue Foundations may assign or transfer these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, change of control, or by operation of law, subject to applicable law.

20. Entire Agreement Regarding Website Use

These Terms, together with the Privacy Policy and any additional terms expressly applicable to particular Website functionality, constitute the agreement between you and Blue Foundations concerning your general use of the Website.

They do not replace or modify a separate executed agreement governing professional services or another business relationship between you and Blue Foundations.

21. Changes to These Terms

Blue Foundations may revise these Terms periodically to reflect changes in our Website, business practices, legal requirements, or other circumstances.

The “Last Updated” date at the top of this page identifies the most recent revision.

Your continued use of the Website following the effective date of revised Terms constitutes acceptance to the extent permitted by applicable law.

22. Contact Us

Questions concerning these Terms may be directed to:

Blue Foundations
Miami, Florida
United States
Website: www.thebluefoundations.com