Blue Skies Digital

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TERMS OF SERVICE

Last Updated: November 4, 2024

Please read the Terms of Service carefully and in their entirety before purchasing.This is a binding agreement. These Terms of Service form a legally binding agreement between you and us and should be read carefully.TABLE OF CONTENTS1. DEFINTIONS
2. OUR SERVICES
3. CONSENT
4. APPROPRIATE CONTENT
5. INTELLECTUAL PROPERTY OWNERSHIP
6. PURCHASE AND ACCESS TERMS
7. PAYMENT TERMS
8. CANCELLATION POLICY
9. REFUND POLICY
10. DISCLAIMER: YOUR INDIVIDUAL RESULTS WILL VARY
11. TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
12. DISCLAIMERS OF OTHER WARRANTIES
13. LIMITATION OF LIABILITY
14. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
15. OUR ADDITIONAL REMEDIES
16. INDEMNIFICATION
17. TERMINATION
18. NO WAIVER
19. GOVERNING LAW AND VENUE
20. FORCE MAJEURE
21. ASSIGNMENT
22. ELECTRONIC SIGNATURE
23. CHANGES TO THE AGREEMENT
24. SEVERABILITY
25. ENTIRE AGREEMENT
26. CONTACTING USSECTION 1 - DEFINITIONS“Company, “We”, “I”, “Our”, or “Us” means Brian Heemstra.“You” or “Your” means the purchaser and person, company, or entity using our services.SECTION 2 - OUR SERVICESWe are providing to you the following services (“our services”): advertising space on digital screens placed in local businesses for a defined period of time.Unless otherwise mutually agreed, your advertisement will be displayed on a rotating basis at time intervals determined by us; you are not purchasing exclusive space or a specified time interval. The same digital screen displaying your advertisement will display advertisements from other people, companies, or businesses using our services.SECTION 3 - CONSENTBy using Our services, you implicitly and voluntarily agree to act in accordance with, agree to, and abide by the Terms of Service. If you do not agree, then you must stop using Our services immediately.SECTION 4 - APPROPRIATE CONTENTYou agree that any content you provide that is intended to be displayed for advertising will be appropriate for public display. It will not be lewd or offensive and will not include (without limitation) nudity, profanity, drugs, illegal activities, trademark violation, or copyright infringement. We reserve the right, in our sole and absolute discretion, to refuse any advertising that we believe violates this standard of appropriate content. We further reserve the right, in our sole and absolute discretion, to remove any advertising that we believe violates this standard of appropriate content.SECTION 5 - INTELLECTUAL PROPERTY OWNERSHIPAny images, drawings, writings, and/or renderings that you send to us are intellectual property owned by you. Any images, drawings, writings, and/or renderings that we create on your behalf or at your direction are intellectual property owned by us.SECTION 6 - PURCHASE AND ACCESS TERMSYou cannot give or share your password or login information with anyone. If you do, we have the right to cancel your service without a refund.You cannot distribute, copy, forward, and/or share any information or intellectual property owned by us with anyone else. Anything information and/or material you have access to as part of our services is intended for your use only.SECTION 7 - PAYMENT TERMSWhen you pay for our services, you authorize and give us permission to deduct the payment from the payment source you provided. Your information (i.e. credit card number, contact information, bank account number, etc) may be collected by a third-party merchant or payment processor (i.e. Stripe, Paypal, etc), who may have privacy policies or security practices that are different than ours. We are not responsible for a third-party’s independent policies or practices.If your payment is not successfully made by the due date, you have a three-day grace period to make your payment. If such payment is not received by us, we reserve the right to suspend or terminate your access to our services. If you fail to make payment within the grace period or at any other time, you are still responsible for any and all payments owed to us.SECTION 8 - CANCELLATION POLICYYou may cancel your subscription at any time. Your access to our service will remain valid until the end of the time period you have already paid for. Payments will not be prorated to the date of cancellation. At the end of the time period you have already paid for, your access will be cancelled and our obligation to you to perform our services will end.SECTION 9 - REFUND POLICYExcept as stated below, we do not issue refunds; all purchases are final.If one of our digital screens upon which you purchased advertising space is removed from a location and we are unable to place said screen in a space satisfactory to you within 14 calendar days, we will issue a pro-rated refund for any unused calendar days that you paid for but did not receive the benefit of.SECTION 10 - DISCLAIMER: YOUR INDIVIDUAL RESULTS WILL VARYEvery business is different, employing different strategic approaches and organizational structures, and offering different services and products. Therefore, individual results will vary from user to user. Your business’s individual results will vary depending upon a variety of factors unique to your business, including but not limited to your location, business model, advertising method and strategy, staff and facility size, and service and product offerings.We do not promise, guarantee, or warrant your business’ success, income, or sales. We will not provide sales leads or referrals to your business.We do not offer any tax, accounting, financial, or legal advice. You should consult your accountant, attorney, financial advisor, or other appropriately licensed professional for advice on these topics.Every business is different, employing different strategic approaches and organizational structures, and offering different services and products. Therefore, individual results will vary from user to user. Your business’s individual results will vary depending upon a variety of factors unique to your business, including but not limited to your location, business model, advertising method and strategy, staff and facility size, and service and product offerings. We do not promise, guarantee, or warrant your business’ success, income, or sales. You understand and acknowledge that we will not at any time provide sales leads or referrals to you or your business. Those businesses who purchase our services or products will receive access to marketing and operational strategies and tools. However, we do not guarantee your business’s success and based upon many market factors that we cannot control, the tools and strategies we provide may or may not be applicable to your specific business. Further, we do not make claims that our tools, strategies, or other offerings will make your business any specific amount of money, and it is possible that you will not earn your investment back. 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 services or products if that is your expectation. Instead, you should purchase with the understanding that using the information and tools 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’s accountant, attorney, or financial advisor for advice on these topics.SECTION 11 - TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOSWe are pleased to hear from users and clients and welcome your comments regarding our services and products. We 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 our services or products, in printed and online media, as we determine in our sole and exclusive discretion. Testimonials represent the unique experience of the participants and businesses submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products. Your business’s results will vary depending upon a variety of factors unique to your business and market forces beyond our control.Anything that you or your business submit or post publicly online and/or provide us, or post on any social media or other site about us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, biographies, your business’s name, comments, and suggestions is and will be treated as non-confidential and nonproprietary, and we will have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such submissions. You and your business agree that this authorization and license may be assigned by us to any other party.Additionally, we reserve the right to correct grammatical and typing errors, to shorten submissions prior to publication or use, and to review all submissions prior to publication or use. We are under no obligation to use any, or any part of, any submission.SECTION 12 - DISCLAIMERS OF OTHER WARRANTIESExcept where otherwise inapplicable or prohibited by law:We do not guarantee, represent, or warrant that your use of our services will be uninterrupted, timely, or error-free.We do not offer any representations, guarantees, or warranties, of any variety, regarding our services in any way including, but not limited to, your future income, sales, potential, profitability, or losses derived as a result of your use of our services. Our services are offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of our services.SECTION 13 - LIMITATION OF LIABILITYExcept where otherwise inapplicable or prohibited by law, in no case will we be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), statute, strict liability, or otherwise, arising from your use or attempted use of any part of our services, or for any other claim related in any way to your use or attempted use our services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our services.If, notwithstanding the limitation of liability set forth above, we are found liable under any theory, our liability to you and your exclusive remedy will be limited to the lesser of (i) USD $1,000.00, or (ii) the total amount of money you or your business paid to us in the three (3) month period immediately preceding the incident on which your alleged claim is based. This limitation of liability will apply for all claims, regardless of whether we were aware of or advised in advance of the possibility of damages or such claims. Some states do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

SECTION 14 - DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVERPlease read this arbitration provision carefully to understand your rights. Except where prohibited by law, you agree that any claim that you may have in the future must be resolved through final and binding confidential arbitration. You agree to waive the right to a trial by jury. The rights that you would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist. You agree to only bring a claim in an individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding. You further agree that the arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding.There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms of Service as a court would.If you have a complaint, dispute, or controversy, you agree to first contact us at [email protected] to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use any service, product, or information, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days will 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 will also be subject to this arbitration provision, except as provided in Sections 15 and 16 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Oklahoma City, Oklahoma, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator will 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 Mediation Procedures, in effect at the time of submission of the demand for arbitration. The arbitrator will have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms of Service, this arbitration provision, and any other terms incorporated by reference into these Terms of Service. The arbitrator will have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator will 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 us.Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, and regardless of which party partially or fully prevails, the parties will each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. The arbitrator will follow the substantive law of the State of Oklahoma without regard to its conflicts of laws principles. Any award rendered will include a confidential written opinion and will 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 we agree that disputes will only be arbitrated on an individual basis and will not be consolidated on a class wide or other representative basis, nor consolidated with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and we 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 us, 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 will be rendered null and void and will 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 will remain in full force and effect.YOU UNDERSTAND THAT YOU 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.Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs up to $5,000.00.SECTION 15 - OUR ADDITIONAL REMEDIESIn order to prevent or limit irreparable injury to us, 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 our intellectual property or a third-party, we will 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 Oklahoma City, Oklahoma, enjoining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement will be construed as prohibiting us from pursuing in court any other remedies available to us for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you. You hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Oklahoma City, Oklahoma, for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.SECTION 16 - INDEMNIFICATIONTo the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless us, our 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, information, services, or products, (2) information you submit or transmit to us, (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.SECTION 17 - TERMINATIONThis Agreement will take effect (or will re-take effect) at the time you submit payment to begin using our services. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your access to our services at any time without notice. Sections 10, 17, 18, 19, 20, and 21, as well as any representations, warranties, and other obligations made or undertaken by you, will survive the termination of this Agreement and/or your account or relationship with us. Sections 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, and 25 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you will survive the termination of this Agreement and/or your account or relationship with us. Upon termination, you remain responsible for any outstanding payments to us on a non-prorated basis.SECTION 18 - NO WAIVERNo failure or delay on our part 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 will only be effective if in writing and signed by us.SECTION 19 - GOVERNING LAW AND VENUEThis Agreement and any issue or dispute arising out of or otherwise related to this Agreement or any matter concerning us will be governed exclusively by the laws of the State of Oklahoma 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 14 above, the parties agree any such claim or dispute will be exclusively brought in and decided by the state or federal courts located in Oklahoma City, Oklahoma, 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. The parties will bear their own respective costs and attorneys’ fees, regardless of which party prevails.SECTION 20 - FORCE MAJEUREWe will not be responsible to you for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” means: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond our control. Delays due to any of the above causes will not be deemed to be a breach of or failure to perform under this Agreement. We will not be required against our will to adjust any labor or other similar dispute except in accordance with applicable law.SECTION 21 - ASSIGNMENTWe may assign our rights under this Agreement at any time, without notice. Your rights and obligations under this Agreement cannot be assigned without our (or our assigns’) express written consent.SECTION 22 - ELECTRONIC SIGNATUREYou 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 will have the same force and effect as if they were in writing and signed by the party sending the communication.SECTION 23 - CHANGES TO THE AGREEMENTWe reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, 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 services following the posting of any changes to the Agreement constitutes acceptance of those changes.SECTION 24 - SEVERABILITYIf any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable under applicable law, such invalidity or unenforceability will not invalidate the entire agreement. The provision or wording determined to be invalid or unenforceable will be severed from the rest of this Agreement and the remaining provisions will remain in effect and enforceable.SECTION 25 - ENTIRE AGREEMENTThese Terms of Service constitute the entire agreement and understanding between you and us, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written. We may also, in the future, offer new services and/or features. Such new features and/or services will also be subject to these Terms of Service. Any ambiguities in the interpretation of these Terms or the Agreement will not be construed against the drafting party.SECTION 26 - CONTACTING USIf you have questions about the Terms of Service, you may contact us by email at [email protected]

PRIVACY POLICY

Last Updated: November 4, 2024

We do not share your personal information with third parties nor do we store any information about your visit to this website other than to analyze and optimize your content and reading experience through the use of cookies. You can turn off the use of cookies at anytime by changing your browser settings. We are not responsible for republished content from this blog on other blogs or websites without our permission.Third party vendors, including Google, use cookies that enable Google and its partners to serve ads based on your prior visits to RuthSoukup.com and other sites on the Internet. You can opt out of the use of Google’s DoubleClick cookie for interest-based advertising by visiting Ads Settings. You can also opt out of a third-party vendor’s use of cookies for interest based advertising by visiting aboutads.info.Any information you post on a public website is not private, and we are not responsible for protecting the privacy of the information or the comment's author (i.e. you).Any testimonials, reviews, pictures, and/or videos you give about our products or services are subject to our Terms of Service.This privacy policy is subject to change without notice. If you have any questions, please contact [email protected].