Terms of Service

1. Acceptance of Terms

These Terms of Service (Terms) constitute a legally binding agreement between you (whether individually or on behalf of an entity) and BHF Construction Inc, doing business as Blue Haven (Blue Haven, we, us, or our), concerning your access to and use of the bluehaven.buzz website and any related services, content, and functionality (collectively, the Services).

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using the Services and must discontinue use immediately.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the website. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates.

2. Services Description

Blue Haven provides computer systems design, digital infrastructure engineering, and related consulting services. The specific scope, deliverables, timelines, and fees for any project engagement will be set forth in a separate written agreement, statement of work, or service contract executed between Blue Haven and the client (each, a Project Agreement).

These Terms govern your use of our website and form the general framework for our business relationship. In the event of any conflict between these Terms and a duly executed Project Agreement, the Project Agreement shall control with respect to the specific engagement it covers.

We make no representation that the Services, or any content or materials available through our website, are appropriate or available for use in all locations. Accessing the Services from jurisdictions where such access is illegal is prohibited, and you do so at your own risk.

3. Intellectual Property Rights

3.1 Our Intellectual Property

Unless otherwise expressly stated in a Project Agreement, all content, materials, and intellectual property on our website and created by us in the course of providing the Services — including but not limited to source code, object code, documentation, architectural designs, specifications, diagrams, methodologies, processes, tools, frameworks, text, graphics, logos, icons, images, audio and video clips, software, and the design, selection, and arrangement thereof — are owned by BHF Construction Inc, its licensors, or other providers, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

3.2 License to Use Website

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website for your personal or internal business purposes. This license does not include any right to:

• Modify, copy, reproduce, republish, download, or distribute any portion of the website content, except as necessary to view it in a web browser.
• Use any data mining, robots, scraping, or similar data gathering or extraction methods on the website.
• Use the website or any content for any commercial purpose not expressly authorized by us in writing.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices.
• Reverse engineer, decompile, or disassemble any aspect of the website or Services.

3.3 Client Deliverables

Upon full payment for Services rendered under a Project Agreement, Blue Haven will assign to the client ownership of the final deliverables specified in that Project Agreement, subject to Blue Haven's retention of rights in any pre-existing materials, tools, methodologies, frameworks, and know-how used in the creation of such deliverables. The specific intellectual property terms for each engagement will be detailed in the applicable Project Agreement.

3.4 Trademarks

The Blue Haven name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of BHF Construction Inc. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on our website are the trademarks of their respective owners.

4. User Representations and Obligations

By using the Services, you represent and warrant that:

• You have the legal capacity and authority to enter into these Terms and to comply with them.
• If you are using the Services on behalf of an entity, you are authorized to bind that entity to these Terms.
• All information you provide to us is true, accurate, current, and complete, and you will maintain and promptly update such information as necessary.
• You will not use the Services for any illegal or unauthorized purpose, and your use of the Services will not violate any applicable law or regulation.
• You will not interfere with or disrupt the Services, the servers or networks connected to the Services, or the security of the Services.
• You will not upload, transmit, or distribute any viruses, malware, or other harmful computer code through the Services.

5. Prohibited Activities

In connection with your use of the Services, you agree not to:

• Use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services.
• Attempt to gain unauthorized access to any part of the Services, other accounts, computer systems, or networks connected to the Services through hacking, password mining, or any other means.
• Use any automated means, including robots, spiders, crawlers, or scripts, to access, scrape, or index any portion of the Services without our express written consent.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
• Attempt to probe, scan, or test the vulnerability of any system or network associated with the Services.
• Impersonate or misrepresent your affiliation with any person or entity.
• Use the Services to transmit, distribute, or store material that is defamatory, obscene, fraudulent, or otherwise objectionable.
• Violate any applicable local, state, national, or international law or regulation.

We reserve the right to terminate or suspend your access to the Services for any violation of this section, without prior notice and at our sole discretion.

6. Third-Party Content and Links

Our website may contain links to third-party websites, services, and resources that are not owned or controlled by Blue Haven. We do not endorse, monitor, or assume responsibility for any third-party content, advertising, products, services, or other materials made available through such third-party websites or resources.

You acknowledge and agree that Blue Haven is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such third-party content, goods, or services available on or through any such websites or resources. Your interactions with third parties found through our Services are solely between you and the third party.

7. Disclaimer of Warranties

THE SERVICES, INCLUDING OUR WEBSITE AND ALL CONTENT, MATERIALS, AND INFORMATION MADE AVAILABLE THROUGH IT, ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLUE HAVEN AND BHF CONSTRUCTION INC DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; OR THAT THE INFORMATION ON OUR WEBSITE IS ACCURATE, COMPLETE, RELIABLE, OR CURRENT. WE MAY MAKE CHANGES TO THE SERVICES AND THE CONTENT AT ANY TIME WITHOUT NOTICE.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLUE HAVEN, BHF CONSTRUCTION INC, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless Blue Haven, BHF Construction Inc, and their respective officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to the Services, including any content you submit, post, or transmit through the Services.
• Your violation of these Terms or of any applicable law, rule, or regulation.
• Your violation of any third-party right, including without limitation any intellectual property, privacy, or proprietary right.
• Any claim that content or information you provided caused damage to a third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.

10. Confidentiality

In the course of our engagement, we may receive confidential or proprietary information from you, and you may receive such information from us. Each party agrees to use the other party's confidential information solely for the purpose of performing obligations or exercising rights under these Terms and any applicable Project Agreement, and to protect such confidential information using the same degree of care used to protect its own confidential information of like importance, but in no event less than reasonable care.

Confidential information does not include information that: (a) is or becomes publicly available through no breach of these Terms; (b) was rightfully known by the receiving party prior to disclosure; (c) is rightfully obtained by the receiving party from a third party without restriction; or (d) is independently developed by the receiving party without use of the disclosing party's confidential information.

11. Termination

We may terminate or suspend your access to the Services, in whole or in part, at any time, with or without cause, with or without notice, effective immediately. All provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, limitations of liability, and indemnification obligations.

For engagements governed by a Project Agreement, termination procedures and consequences will be set forth in the applicable Project Agreement.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms and any dispute arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

12.2 Informal Resolution

Before initiating any formal legal action, you agree to first contact us at support@bluehaven.buzz and attempt to resolve the dispute informally. We will attempt to resolve the dispute informally with you. If the dispute is not resolved within sixty (60) days of your first communication, either party may proceed with formal action as set forth below.

12.3 Venue

Any legal action or proceeding arising out of or relating to these Terms or the Services shall be instituted exclusively in the federal or state courts located in Santa Clara County, California. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

12.4 Time Limitation

Any claim or cause of action arising out of or relating to these Terms or the Services must be filed within one (1) year after the claim or cause of action arose, or it shall be permanently barred, notwithstanding any statute of limitations or other law to the contrary.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Project Agreement, constitute the entire agreement between you and Blue Haven regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

13.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to reflect the parties' original intent to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.

13.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction. Any attempted assignment in violation of this provision shall be null and void.

13.5 Relationship of the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Blue Haven. Neither party has the authority to bind the other or to incur any obligation on the other's behalf.

13.6 Force Majeure

Blue Haven shall not be liable for any failure or delay in performance under these Terms or any Project Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental actions, internet or utility failures, or pandemics.

13.7 Notices

All notices, requests, demands, and other communications under these Terms shall be in writing. Notices to Blue Haven shall be sent to the address listed in Section 13.8. Notices to you may be sent to the email address you provide to us or posted on our website.

14. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us: