Terms and Conditions

1. Terms of Use

Please read these Terms of Use (“Terms”) carefully before using the BluElephant App (“BluElephant”) created by J & T Software Consultants, LLC, used in conjunction with the Estimote beacon device created by Estimote, Inc. Your access to and use of BluElephant and the Estimote beacon device is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and individuals, including, but not limited to, those who view, access, or use BluElephant and the Estimote beacon device. By viewing, accessing, or using BluElephant and the Estimote beacon device, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not utilize BluElephant.

2. Definitions

“BluElephant and the Estimote beacon device” is used to describe the application created by J & T Software Consultants, LLC, and the beacon device created and maintained by Estimote. “Users and individuals” describes any individual, people, entity, corporation, etc., that might use BluElephant and the Estimote beacon device in any capacity, with or without permission from the purchaser or actual owner, and with or without permission from J & T Software Consultants, LLC. “Those who view, access, or use BluElephant and the Estimote beacon device” describes any individuals, people, entities, corporations, etc., that actively or inactively keep, maintain, use, etc., BluElephant and the Estimote beacon device, regardless of ownership of the iPhone, app, beacon, or other involved components. “Disagree with any part of these Terms” describes any refusal to comply with the Terms as they are, and a refusal to comply with the Terms as they are includes, but is not limited to, situations where you agree with all of the Terms but plan to modify or adapt certain Terms either knowingly or unknowingly upon utilization of BluElephant and/or the Estimote beacon device, you knowingly or unknowingly allow another individual to utilize BluElephant and/or the Estimote beacon device and that individual refuses to comply with the Terms either knowingly or unknowingly, or you agree to comply with the Terms but later renege on compliance as a result of damages, or the threat of damages.

3. NOTICE and DISCLAIMER

BluElephant and the Estimote beacon device are tools to help you remember to check that your child has not been left in their car seat when you leave your vehicle. BluElephant and/or the Estimote beacon device ARE NOT INTENDED TO REMEMBER YOUR CHILD, PET, ETC., FOR YOU or TO ALERT YOU WHEN YOU HAVE LEFT YOUR CHILD, PET, ETC., IN THE CAR. BluElephant and/or the Estimote beacon device are not intended to act as a substitute for the responsibility of the parent and/or guardian to remember to remove the child from the car seat. In result, reliance upon BluElephant and/or the Estimote beacon device as the sole means of determining the safety and/or status of your child, with or without his/her car seat, may result in termination of or suspension of access to BluElephant.

Anyone who views, accesses, or utilizes BluElephant and the Estimote beacon device hereby accepts use of BluElephant and the Estimote beacon device as a tool to aid in remembering to check that a child, pet, etc., has not been left in a car seat, inside or outside a vehicle, and agrees to not use BluElephant and the Estimote beacon device as the exclusive means of remembering to check that a child has not been left in a car seat, inside or outside the vehicle. More specifically, the parent/guardian accepts full responsibility for removing his/her child from the car seat and agrees to use BluElephant and the Estimote beacon device as a tool in aiding memory, not as the exclusive means of determining a child’s safety or location.

Anyone viewing, accessing, or utilizing BluElephant and the Estimote beacon device accepts that J & T Software Consultants, LLC, and any associated partnerships or employees are not liable for damages, or the threat of damages, resulting from use or misuse (include, but not limited to, defective design, owner’s failure to understand proper usage of BluElephant and/or the Estimote beacon device, owner’s failure to properly maintain BluElephant or the Estimote beacon device, owner’s exclusive reliance on BluElephant or the Estimote beacon device to detect when a person or animal may or may not be in the vehicle, owner’s exclusive reliance on BluElephant or the Estimote beacon device to remind the owner to check that a person or animal was left in the vehicle, failure of the owner to maintain his/her iPhone, intentionally ignoring the reminder notification from BluElephant, negligence or misuse by third parties with or without permission of the owner, maker’s delay in issuing any updates, theft of the Estimote beacon device or iPhone, etc.) of BluElephant and/or the Estimote beacon device. Moreover, anyone viewing, accessing, or utilizing BluElephant or the Estimote beacon device accepts that J & T Software Consultants, LLC, are not liable for damage, or the threat of damage, resulting from the negligence of a parent/guardian to adequately supervise/maintain a child, adult, animal, personal property, and/or other such beings or items (including, but not limited to, scenarios where a child crawls into a vehicle and a parent does not know it, when items are stolen from a vehicle, etc.). Anyone viewing, accessing, or utilizing BluElephant or the Estimote beacon device accepts that J & T Software Consultants, LLC, are not liable for damage, or the threat of damage, resulting from use or misuse (including, but not limited to, the items aforementioned parenthetically) of BluElephant or the Estimote beacon device for assistance in remembering to check the vehicle for babies, children, adults, animals, personal property, and/or other beings or items. Anyone viewing, accessing, or utilizing BluElephant or the Estimote beacon device waives their right to seek damages against J & T Software Consultants, LLC, and/or any associates and/or partnerships as a result of, but not limited to, the scenarios listed above.

4. Termination

We may terminate or suspend access to BluElephant immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms or fail to comply with the above Notice and Disclaimer. All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

5. Links to Other Websites

BluElephant may contain links to third-party websites or serves that are not owned or controlled by BluElephant. BluElephant has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that BluElephant shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with use of or reliance upon any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

6. Use of the Estimote

J & T Software Consultants, LLC, is the creator of the BluElephant app, and Estimote is the company responsible for the creation and maintenance of the Estimote beacon device. Estimote has agreed to allow J & T Software Consultants, LLC, to partner with Estimote and to utilize the Estimote beacon device in conjunction with the BluElephant app. As part of this partnership, the BluElephant app relies upon any and all licenses, including, but not limited to, the FCC registration number, that may be associated with Estimote and the Estimote beacon device.

The BluElephant app may contain links to or references from Estimote that are not owned or controlled by BluElephant or J & T Software Consultants, LLC. BluElephant and J & T Software Consultants, LLC, have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services promoted by Estimote. You further acknowledge and agree that BluElephant and J & T Software Consultants, LLC, shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with use of or reliance upon any such content, goods, or services available on or through any such websites or services from Estimote. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services from Estimote that you visit.

7. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Kentucky and the United States of America, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the BluElephant app, J & T Software Consultants, LLC, the Estimote beacon device, and Estimote, and supersede and replace any prior agreements we might have been us regarding the BluElephant app, J & T Software Consultants, LLC, the Estimote beacon device, and Estimote.

8. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the BluElephant app after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using BluElephant.

Contact Us

If you have any questions about these Terms, please contact us.