Terms & Conditions

Last Updated: September 6, 2017

This website is frequently updated. Please check back to this page frequently for any updates to our terms and conditions.

General Rules

First To Knock LLC (“First To Knock”) owns and operates the website bobbybluejacket.com. Your use of the website content and related information services, regardless of media, is subject to the terms, conditions, and disclaimers set forth herein; to our Online Privacy Policy; and to all applicable laws and regulations. In addition, First To Knock reserves the right to terminate access to the website and related information services for any reason, and to take any other actions that First To Knock, in its sole discretion, believes to be in the interest of First To Knock and some or all of its users. First To Knock reserves the right to modify these disclaimers, terms, and conditions of access, without advance notice. This is a binding contract between First To Knock and you. By accessing our website and/or receiving related information services, you hereby accept this agreement. As a material condition of such use, you warrant that you are over the age of eighteen and that you have provided accurate and complete information in any communication with First To Knock.

Access

Access to the website and to certain of related information services is provided free of charge and does not create a professional services relationship or any other relationship with First To Knock.

The website and related information services are provided solely for your personal, non-commercial use. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the website or related information services nor transfer to or store any data residing or exchanged over the website or communications related thereto in any electronic network for use by more than one user unless you obtain prior written permission from First To Knock. Specifically, unless explicitly authorized in these Terms and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from the website or related information services. Information about requesting permission to reproduce or distribute materials from the website or related information services can be found here. For any images, text, data or other information (referred to here as “ User Content”) you submit to First To Knock (including profile information, blog posts, chat room or forum pages, and any e-mail) you affirm, represent, and warrant that you own the right to utilize, to license and to sublicense the User Content and you grant to First To Knock, and anyone authorized by First To Knock, a non-exclusive, worldwide, paid-up, royalty-free, irrevocable, perpetual license, including right of sublicense, to use, copy, display, distribute, perform, reproduce in whole or in part, and modify the User Content in any medium or any manner, in whole or part (whether now known or hereafter developed), without any restrictions to you, for the sole intended purpose of the website and/or related information services provided. You also grant to each user of the website a non-exclusive license to access the User Content through the website and/or related information services and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the website and/or related information services and under this Agreement. For any User Content you post that you do not own, you guarantee to us that you have the legal right to post such User Content and that it will not violate any law or the rights of any person or entity. In other words, and among other things, you will not post user content on the website you do not own without permission of the owner of the user content, including written, photographic, music, and video content.

Intellectual Property

First To Knock, the website, and the related information services, and all other text and images contained on the website and in the related information services are protected by United States trademark and copyright law and other applicable law and are the property of First To Knock, except as otherwise identified. All copyrights and trademarks not the property of First To Knock that are used or referred to in the website or related information services are the property of their respective owners. Nothing contained in the website or related information services shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of First To Knock or any third party, whether by implication, laches, estoppel or explicit grant. Because the content is proprietary, any unauthorized use of materials on the website and the related information services may violate the law. If you are a copyright owner and believe infringing material is present on any of the website or related information services, please refer to the procedures outlined below in the section titled “First To Knock sites DMCA Copyright Infringement Claim Policy.” First To Knock’s website and related information services may not be modified, reproduced, republished, retransmitted, or displayed except for personal use. Any use for a commercial or public purpose requires specific written permission from First To Knock.

Acceptable Use Policy

You are solely responsible for any and all acts and omissions that occur during or relating to your use of the website and related information services, and you agree not to engage in unacceptable use of the website or related information services, which includes, without limitation, use of the website or related information services to: (a) Harm or threaten to harm users or members of the general public in any way, or “stalk” or otherwise harass any other person or entity; (b) Post or transmit any content that is unlawful, false or misleading, grossly offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) Disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication; (d) Purchase, sell, or offer to purchase or sell any equity or security or market instrument; provide information designed to manipulate any equity or security or market; or disseminate or transmit any material, non-public information about companies without authorization to do so; (e) Collect, use, or store any personally identifiable information about other users, or otherwise violate the personal privacy rights of others; (f) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (g) Post any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation except in areas that are expressly designated by the website or related information services for such purpose; (h) Disseminate or transmit any content that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right; or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality, fiduciary duty, or similar duty; (i) Violate any law (whether local, state, national, or international), whether or not intentionally; (j) Forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt the website, related information services, or servers or networks connected to or configured to communicate with the website or related information services; or disobey any requirements, procedures, policies, or regulations of networks connected to the website or information services; (k) Post any content related to partisan political campaigning or fundraising; (l) Express or imply that any statements you make are endorsed by us; (m) Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the website or related information services; (n) Obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, the website, related information services or the contents (except as expressly permitted by First To Knock); (o) Remove any copyright, trademark or other proprietary rights notices contained in the website or related information services; (p) “Frame” or “mirror” any part of the website or information services; or (q) Engage in any other activity deemed by First To Knock to be in conflict with the spirit or intent of this agreement or that might violate the rights of others or give rise to liability. You understand that by using the website and/or related information services, you may be exposed to content that may offend you or challenge your beliefs. Your remedy is to avoid such content by discontinuing your access.

Content and Non-Endorsement

Opinions and other statements expressed by users and third parties are theirs alone, not opinions of First To Knock. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. The website and/or related information services may provide links to web pages, web sites, and various resources or locations on the web. First To Knock has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.

Use of RSS Feeds

Individuals may use the bobbybluejacket.com RSS feeds, if available, free of charge for their personal, non-commercial use only. When using the bobbybluejacket.com feeds, we ask that you provide attribution to bobbybluejacket.com. bobbybluejacket.com also reserves the right to disable, to change, or to cease distribution of these bobbybluejacket.com RSS feeds at any time, and reserves the right to require individuals to cease any and all use of these feeds at any time for any reason. To request permission to make commercial use of bobbybluejacket.com RSS feeds, please contact us info@firsttoknock.com. bobbybluejacket.com will consider such submitted requests, but is not obligated to grant any specific permission request.

Employment Opportunities

First To Knock may post employment opportunities on the websites and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to First To Knock in response to employment listings, you are authorizing First To Knock and its service providers to utilize this information for all lawful and legitimate hiring and employment purposes. First To Knock also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries, affiliates, vendors and service providers for legitimate business purposes. Nothing in this Agreement or contained in the website or related information services shall constitute a promise by First To Knock to interview, hire or employ any individual who submits information to it, nor shall anything in this Agreement or contained in the website or related information services constitute a promise that First To Knock will review any or all of the information submitted to it by users.

First To Knock World Site DMCA Copyright Infringement Claim Policy

First To Knock respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. First To Knock has the right to prohibit infringers from using our website and related information services. If you believe your work has been copied and posted on or through the website or information services in a way that constitutes copyright infringement, please send First To Knock’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the website; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. First To Knock’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, First To Knock, 917 W. Washington Blvd., Box 115, Chicago, IL, 60607 or through info@firsttoknock.com with “Copyright Agent” in subject line. Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described in (a) through (f) above, First To Knock will use reasonable efforts for an entity of its size and financial ability to notify the user, if known, of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on First To Knock’s website. No personal user information is shared with the copyright owner unless required by law. If First To Knock receives more than one Notice of Copyright Infringement concerning a user, the user may be deemed a “repeat copyright infringer.” First To Knock reserves the right to terminate the accounts of “repeat copyright infringers.”

Procedure to File a DMCA Counter-Claim

If you have received a notice of copyright infringement and you believe that a copyright holder has accused you in error, you may file a DMCA Counter-Claim with First To Knock’s designated agent. To be effective, a Counter-Claim must be a written communication provided to First To Knock’s designated agent and must include the following information: (a) A physical or electronic signature of the user; (b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (d) The user’s name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification or an agent of such person. Upon receipt of a DMCA Counter-Claim, First To Knock will use reasonable efforts for an entity of its size and financial ability to provide the complaining party with a copy of the DMCA Counter-Claim. When First To Knock receives a Counter-Claim that meets the requirements of the DMCA, First To Knock will use reasonable efforts for an entity of its size and financial ability to process the Counter-Claim in accordance with the requirements of the DMCA.

Limitation of Liability and Use

First To Knock has worked to ensure the accuracy of the information it provides through its website and related information services. This information frequently relies on data obtained from many sources, however, First To Knock cannot guarantee the accuracy of the information provided or any analysis based thereon. YOU EXPRESSLY AGREE THAT THE USE OF FIRST TO KNOCK’S SERVICES, INCLUDING THE WEBSITE AND RELATED INFORMATION SERVICES, IS AT YOUR SOLE RISK. SUCH WEBSITE AND RELATED INFORMATION SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND FIRST TO KNOCK MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FIRST TO KNOCK DISCLAIMS ANY WARRANTY THAT THE WEBSITE OR RELATED INFORMATION SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH THE WEBSITE, RELATED INFORMATION SERVICES, OR FROM FIRST TO KNOCK, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM FIRST TO KNOCK NOT EXPRESSLY STATED IN THIS AGREEMENT. EXCEPT AS OTHERWISE STATED, FIRST TO KNOCK MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS WEBSITE, THE RELATED INFORMATION SERVICES, OR ANY WEB SITE LINKED TO THE WEBSITE OR ACCESSED USING THE RELATED INFORMATION SERVICES. YOU AGREE THAT NEITHER FIRST TO KNOCK, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE WEBSITE OR RELATED INFORMATION SERVICES, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER FIRST TO KNOCK NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE WEBSITE OR RELATED INFORMATION SERVICES ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION. FIRST TO KNOCK AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER FIRST TO KNOCK WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, FIRST TO KNOCK’S LIABILITY, AND THAT OF ITS SUBSIDIARIES, AFFILIATES OR PARENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES’ LAWS.

First To Knock assumes no responsibility or liability arising from the content of the website or related information services nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the website or accessed through the website or related information services. First To Knock also does not warrant that the functions or informational materials contained in or accessed or downloaded through our website or related information services are free of computer viruses or other harmful components. In addition, although we make a good faith to use reasonable efforts for an entity of its size and financial ability to update the content of our website and related information services periodically, we do not have a duty to update information contained in our site, and we will not be liable for any failure to update such information. First To Knock makes no representation that information content provided on website or provided through the related information services is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.

Indemnification

You agree to indemnify, defend and hold First To Knock, its affiliates, licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, including any violation of the Terms of Service; (b) any allegation that any User Content or other materials you submit to us or transmit to the site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the website and/or related information services.

Special Agreement on Fee-Shifting and Choice of Law

If you attempt to bring any legal action against First To Knock based in any way on its products or services, including the website or related information services, you agree that, in the event you do not prevail or First To Knock does prevail, you will reimburse First To Knock for any costs and attorneys’ fees associated with their defense of the action. The use of the website and/or related information services and any claim or dispute relating to the site shall be governed by the laws of the state of Delaware without regard to its conflicts of law principles. Exclusive venue for any claim shall be in the state and federal courts located in the State of Delaware. Use of the website and related information services is unauthorized in any jurisdiction that does not affect all provisions of these Terms of Service, including without limitation this paragraph.

Severability

If any provision or portion of these Terms of Service is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.