downgrade of Your account, and any other documents that are incorporated into this Agreement by reference, constitutes the entire agreement between You and BlueYonder and governs Your use of the Site, superseding any prior agreements between You and BlueYonder (including, but not limited to, any prior versions of the Agreement). You also may be subject to additional terms and conditions that may apply when You use other BlueYonder services, Third Party Content, third-party software or third-party services offered through the Site. In the event of any inconsistency between this Agreement and any statement of work, the statement of work controls and governs over this Agreement to the extent necessary to resolve the conflict or inconsistency.

17.3 Choice of Law and Forum. This Agreement and the rights and obligations of the parties with respect to their relationship under this Agreement are governed by and must be construed and enforced, without reference to its choice of law rules, in accordance with the internal laws of: (a) the State of Arizona, if Customer’s place of incorporation or principal place of business is in the United States, or in any region not otherwise specified herein; (b) the laws of England, if Customer’s place of business registration or incorporation is in Europe, the Middle East, or Africa; (c) the laws of Singapore, if Customer’s place of business registration or incorporation is in Asia Pacific; or (d) the law s of the Province of Ontario and the laws of Canada applicable therein, if Customer’s place of business registration or incorporation is in Canada. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are expressly excluded from this Agreement.

17.4 Dispute Resolution. Any dispute, controversy, claim, question or disagreement (a “Claim”) arising out of or related to this Agreement or the breach thereof, will be finally resolved:
(a) by the state and federal courts located in Maricopa County, Arizona, for Claims brought in the Americas, Europe, the Middle East, or Africa, and Customer hereby submits to the personal jurisdiction of such state and federal courts; or
(b) by binding arbitration before a single arbitrator under the commercial arbitration rules (in effect at the time such Claim is submitted to arbitration) of the International Chamber of Commerce, for Claims brought in countries in the Asia Pacific region. The arbitrator must be a person having experience with and knowledge of the computer software business and such arbitrator will not have any authority to make any ruling, finding or award that does not conform to this Agreement. Judgment upon the award rendered by the arbitrator will be final and binding on all parties and may be entered as a judgment and enforceable by any court of competent jurisdiction.

17.5 Equitable Relief. Notwithstanding anything stated above, either party may immediately seek equitable relief (without posting a bond or proving actual harm), including, without limitation, temporary injunctive relief upon a violation of a party’s confidentiality or intellectual property rights.

17.6 Attorneys' Fees and Costs. The prevailing party, or if there isn’t one, the substantially prevailing party, in any action or proceeding to enforce this Agreement, is entitled to recover from the other party its costs and reasonable attorneys’ and expert witness’ fees in addition to its damages.

17.7 Waiver and Severability of Terms. The failure of BlueYonder to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement or incorporated documents 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 Agreement remain in full force and effect.

17.8 Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Titles. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

17.9 Force Majeure. BlueYonder shall not be responsible to you as a result of any delay or default in carrying out its obligations hereunder which is due in whole or in part to an event beyond of the control of BlueYonder.

17.10 Language. The governing language of the Agreement is English, which shall prevail over any other language used in any translated document.

18. Contact Us

18.1 If you have any questions regarding this Agreement, please contact BlueYonder at training@blueyonder.com.

I Agree Exit

* Required Field

PLEASE NOTE: To ensure security in the system individuals must register with a business email address. Registrations completed with generic email addresses (Gmail, Yahoo, HotMail, etc.) are subject to not being approved. Thank you!

If you have any questions please contact trainingsupport@blueyonder.com.

* First Name:

* Last Name:

* Email Address:

* Division:

New Reg Self-Registration

* Customer/Partner

* Company Name

* State

* Country:

* City

Phone:

Primary Product Interest

* Passwords must contain both upper and lower case letters.
* Passwords must contain alpha and numeric characters.
* Passwords cannot have three or more consecutive same characters.
* Passwords must be 8 - 20 characters.
* Passwords cannot have leading or trailing spaces.
* Passwords cannot be the same as the Username, User ID, or email address.

* New password

* Confirm password

Already a user? Login here
Return to Browsing? Click here