Call Today For Your Free-"MoldFreeNow™" Inspection 505-227-8851
TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND
BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE
RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ
THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT
ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS
EFFECTIVE AS OF 04/01/2018.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern
the relationship with our users and others which may interact or interface with Blue Sky Restoration, also
known as Blue Sky, located at 3205 Claremont Ave, Albuquerque, New Mexico 87107 and our subsidiaries
and affiliates, in association with the use of the Blue Sky website, which includes
https://moldinspectionalbuquerque.moldfreenow.com/, (the “Site”) and its Services, which shall be defined
below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a news and information website which has the following description:
To provide mold removal services.
Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the
purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and
applications, which may include some mobile applications and that those applications may be made
available on various social media networking sites and numerous other platforms and downloadable
programs, are the sole property of Blue Sky Restoration. At its discretion, Blue Sky Restoration may offer
additional website Services and/or products, or update, modify or revise any current content and Services,
and this Agreement shall apply to any and all additional Services and/or products and any and all updated,
modified or revised Services unless otherwise stipulated. Blue Sky Restoration does hereby reserve the
right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user
acknowledge, accept and agree thatBlue Sky Restora!on shall not be held liable for any such updates,
modifica!ons, revisions, suspensions or discon!nuance of any of our Services and/or products. Your con!nued
use of the Services provided, a%er such pos!ng of any updates, changes, and/or modifica!ons shall cons!tute
your acceptance of such updates, changes and/or modifica!ons, and as such, frequent review of this Agreement
and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and
and as such Blue Sky Restora!on shall not assume any responsibility or obliga!on for the !meliness, missed
delivery, deletion and/or any failure to store user content, communication or personalization settings.
PRIVACY POLICY
Every member’s registration data and various other personal information are strictly protected by the Blue
Sky Restoration Online Privacy Policy (see the full Privacy Policy at
https://moldinspectionalbuquerque.moldfreenow.com/privacy-policy/). As a member, you herein consent to
the collection and use of the information provided, including the transfer of information within the United
States and/or other countries for storage, processing or use by Blue Sky Restoration and/or our subsidiaries
and affiliates.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all
local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting
and/or transferring of software, technology and other technical data may be subject to the export and import
laws of the United States and possibly other countries. Through the use of our network, you thus agree to
comply with all applicable export and import laws, statutes and regulations, including, but not limited to,
the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export
exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of
any other government which may be part of an export-prohibited country identified in applicable
export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our
network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or
biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which
would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Blue Sky Restoration shall not lay claim to ownership of any content submitted by any visitor or user, nor
make such content available for inclusion on our website Services. Therefore, you hereby grant and allow
f o r Blue Sky Restoration the below listed worldwide, royalty-free and non-exclusive licenses, as
applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Blue Sky
Restoration’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt,
publicly perform and/or publicly display said Content on our network Services is for the sole
purpose of providing and promoting the specific area to which this content was placed and/or made
available for viewing. This license shall be available so long as you are a member of Blue Sky
Restoration’s sites, and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly
accessible areas of Blue Sky Restoration’s sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network
Services are for the sole purpose of providing and promoting the specific area in which this content
was placed and/or made available for viewing. This license shall be available so long as you are a
member of Blue Sky Restoration’s sites and shall terminate at such time when you elect to
discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of
Blue Sky Restoration’s sites, the continuous, binding and completely sub-licensable license which is
meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform
and/or publicly display said content, whether in whole or in part, and the incorporation of any such
Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Blue Sky Restoration’s sites are those
such areas of our network properties which are meant to be available to the general public, and which
would include message boards and groups that are openly available to users.
CONTRIBUTIONS TO COMPANY WEBSITE
Blue Sky Restoration provides an area for our users to contribute feedback to our website. When you
submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and
agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) Blue Sky shall not be liable or under any obligation to ensure or maintain confidentiality, expressed
or implied, related to any Contributions;
c) Blue Sky shall be entitled to make use of and/or disclose any such Contributions in any such manner
as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of Blue Sky; and
e) Blue Sky is under no obligation to either compensate or provide any form of reimbursement in any
manner or nature.
INDEMNITY
All users herein agree to insure and hold Blue Sky Restoration, our subsidiaries, affiliates, agents,
employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may
include, but is not limited to, reasonable attorney fees made by any third party which may arise from any
content a user of our site may submit, post, modify, transmit or otherwise make available through our
Services, the use of Blue Sky Services or your connection with these Services, your violations of the Terms
of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial
reason any part, use of, or access to Blue Sky’s sites.
MODIFICATIONS
Blue Sky Restoration shall reserve the right at any time it may deem fit, to modify, alter and or discontinue,
whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In
addition, we shall not be held liable to you or to any third party for any such alteration, modification,
suspension and/or discontinuance of our Services, or any part thereof.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located
on or through our Services, which may include the payment and/or delivery of such related goods and/or
Services, and any such other term, condition, warranty and/or representation associated with such dealings,
are and shall be solely between you and any such advertiser. Moreover, you herein agree that Blue Sky
Restoration shall not be held responsible or liable for any loss or damage of any nature or manner incurred
as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either Blue Sky Restoration or any third parties may provide links to other websites and/or resources. Thus,
you acknowledge and agree that we are not responsible for the availability of any such external sites or
resources, and as such, we do not endorse nor are we responsible or liable for any content, products,
advertising or any other materials, on or available from such third party sites or resources. Furthermore, you
acknowledge and agree that Blue Sky Restoration shall not be responsible or liable, directly or indirectly,
for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection
with the use of or the reliance on any such content, goods or Services made available on or through any
such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Blue Sky Restoration’s Services and any essential software that
may be used in connection with our Services (“Software”) shall contain proprietary and confidential
material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein
acknowledge and agree that any Content which may be contained in any advertisements or information
presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or
other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law
or as authorized by Blue Sky Restoration or such applicable licensor, you agree not to alter, modify, lease,
rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which
are based on Blue Sky Restoration Services (e.g. Content or Software), in whole or part.
Blue Sky Restoration herein has granted you personal, non-transferable and non-exclusive rights and/or
license to make use of the object code or our Software on a single computer, as long as you do not, and shall
not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer,
reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense,
grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do
herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any
modified versions of the Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services
through any means other than through the interface which is provided by Blue Sky Restoration for use in
accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF BLUE SKY RESTORATION SERVICES AND SOFTWARE ARE AT THE SOLE
RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS”
AND/OR “AS AVAILABLE” BASIS. BLUE SKY RESTORATION AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
b) BLUE SKY RESTORATION AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) BLUE SKY
RESTORATION SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii)
BLUE SKY RESTORATION SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE
OBTAINED FROM THE USE OF THE BLUE SKY RESTORATION SERVICES OR
SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS,
SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED
OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR
EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE
SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF BLUE SKY RESTORATION SERVICES OR SOFTWARE SHALL BE ACCESSED
BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF
ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET
ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT
COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR
MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM BLUE SKY RESTORATION OR BY WAY OF OR
FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE
YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE
CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BLUE SKY
RESTORATION AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF
ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN
THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Blue Sky Restoration (and its officers, directors,
employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from
claims, demands and damages (actual and consequential) of every kind and nature, known and unknown,
suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such
dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or
other information from our Services concerning companies, stock quotes, investments or securities, please
review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this
particular type of information, the phrase “Let the investor beware” is appropriate. Blue Sky Restoration’s
content is provided primarily for informational purposes, and no content that shall be provided or included
in our Services is intended for trading or investing purposes. Blue Sky Restoration and our licensors shall
not be responsible or liable for the accuracy, usefulness or availability of any information transmitted
and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or
investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there
shall be no third-party beneficiaries to this agreement.
NOTICE
Blue Sky Restoration may furnish you with notices, including those with regards to any changes to the
TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our
website Services, or other reasonable means currently known or any which may be herein after developed.
Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an
unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have
received any and all notices that would have been delivered had you accessed our Services in an authorized
manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Blue Sky Restoration trademarks, copyright,
trade name, service marks, and other Blue Sky Restoration logos and any brand features, and/or product
and service names are trademarks and as such, are and shall remain the property of Blue Sky Restoration.
You herein agree not to display and/or use in any manner the Blue Sky Restoration logo or marks without
obtaining Blue Sky Restoration’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
Blue Sky Restoration will always respect the intellectual property of others, and we ask that all of our users
do the same. With regards to appropriate circumstances and at its sole discretion, Blue Sky Restoration
may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of
others. If you feel that your work has been duplicated in such a way that would constitute copyright
infringement, or if you believe your intellectual property rights have been otherwise violated, you should
provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of
the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been
infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by
the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your
notice is truthful and accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
T h e Blue Sky Restoration Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
Mailing Address:
Blue Sky Restoration
Attn: Copyright Agent
3205 Claremont Ave
Albuquerque, New Mexico 87107
Telephone: 505-227-8851
Email: j64koonce@gmail.com
CLOSED CAPTIONING
BE IT KNOWN, that Blue Sky Restoration complies with all applicable Federal Communications
Commission rules and regulations regarding the closed captioning of video content. For more information,
please visit our website at https://moldinspectionalbuquerque.moldfreenow.com/.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Blue Sky Restoration and shall govern the use
of our Services, superseding any prior version of this TOS between you and us with respect to Blue Sky
Restoration Services. You may also be subject to additional terms and conditions that may apply when you
use or purchase certain other Blue Sky Restoration Services, affiliate Services, third-party content or thirdparty
software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Blue Sky Restoration with regard to the TOS that the
relationship between the parties shall be governed by the laws of the state of New Mexico without regard to
its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or
relating to the TOS, or the relationship between you and Blue Sky Restoration, shall be filed within the
courts having jurisdiction within the County of Bernalillo County, New Mexico or the U.S. District Court
located in said state. You and Blue Sky Restoration agree to submit to the jurisdiction of the courts as
previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the
parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Blue Sky Restoration fail to exercise or enforce any right or provision of the TOS, such
failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS
remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or
action arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said
claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Blue Sky Restoration as follows:
Mailing Address:
Blue Sky Restoration
3205 Claremont Ave
Albuquerque, New Mexico 87107
Telephone: 505-227-8851
Email: j64koonce@gmail.com

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