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As our business changes from time to time, this Agreement may likewise change. We reserve the right to change or modify the terms and conditions that govern your use of the Website, Services and this Agreement at any time as provided herein, with or without notice to you, at our discretion. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Website to see the current Agreement in effect and any changes that may have been made to it. Your use of the Website and Services following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. We may terminate your right to and deny you access to the Website, or remove any material you have posted at the Website if, in our sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever. Except as otherwise provided herein, however, BLUEWING undertakes no obligation to police, supervise, or monitor materials posted to the Website by you or other third parties.
Use of the Website is limited to persons who are thirteen (13) years of age or older. The Website is not directed to persons under the age of 13 and the policy of BLUEWING is NOT to knowingly collect any personal information from persons under the age of 13. If you are under the age of 13, you should leave the Website without providing any information about yourself. Any access to or use of the Website by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By accessing or using the Website or Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Website and this Agreement. By using the Website or Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
BLUEWING imposes certain restrictions on your permissible use of the Website and Services. You are prohibited from violating or attempting to violate any security features of the Website and Services including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Website, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, "flooding," "spamming," "mail bombing" or "crashing"; (d) using the Website or Services to send unsolicited email including, without limitation, promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or post using the Website or Services; (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by BLUEWING in providing the Website or Services; or (g) engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or Services, or which, as determined by us, may harm BLUEWING or users of the Website or Services. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use "bots," spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of the Website and Services and only for purposes consistent with this Agreement. You may not circumvent any access or use restrictions, data encryption or content protection related to the Website or Services. You may not data mine the Website or in any way cause harm to the Website or Services.
Unless otherwise noted, the design of the Website, the Website as a whole, and all materials that are part of the Website and Services (collectively, "Content") are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by BLUEWING or its subsidiaries and affiliates. You acknowledge and agree that any Content used in connection with the Website or Services, including any software accessible through the Website or Services, contains BLUEWING 's proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. This Agreement does not limit any rights that BLUEWING may have under trademark, trade secret, copyright, patent or other laws.
No right, title or interest in any of the information, material, or other Content of the Website or Services is granted to you under any circumstances, and BLUEWING reserves and retains all intellectual property rights in and to the Website, Services and their Content. Linking or framing to the Website or any of its Content is prohibited without the prior written permission of BLUEWING .
Except as expressly noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Website or Services. Unauthorized use or copying (including electronic copying or downloading) of the Website, Services and Content without BLUEWING 's express written consent is expressly prohibited by law, and may result in severe civil and criminal penalties.
Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on the Website or through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL USE OF THE WEBSITE AND SERVICES, ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES CONTAINED AT OR PROVIDED THROUGH OR PURCHASED FROM THE WEBSITE OR SERVICES, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED AT OR PROVIDED THROUGH THE WEBSITE OR SERVICES, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY, PROMISE OR GUARANTEE OF ANY KIND THAT (A) OPERATION OF THE WEBSITE AND SERVICES WILL BE CONTINUOUS, TIMELY, UNINTERRUPTED, SECURE, OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL EFFECTS; (B) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, PRODUCTS OR SERVICES WILL BE EFFECTIVE, TYPICAL, ACCURATE OR RELIABLE; AND (D) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. YOUR USE OF THE WEBSITE, PRODUCTS AND SERVICES IS AT YOUR OWN RISK. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE WHEN USING THE WEBSITE AND SERVICES. FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON THE WEBSITE AND SERVICES IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, SUITABILITY OR AUTHENTICITY. YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE AS TO THE TRUTH, ACCURACY, COMPLETENESS, AND CONTINUING VALIDITY OF ANY INFORMATION SET FORTH IN OR REFERENCED ON THE WEBSITE OR SERVICES. LIKEWISE, BLUEWING DOES NOT WARRANT THE ACCURACY OF ANY THIRD PARTY CONTENT CONTAINED WITHIN OR REFERRED TO ON THE WEBSITE OR SERVICES, INCLUDING ANY LINKS TO THIRD PARTY WEBSITES. BLUEWING IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY IN WHOLE OR IN PART TO YOU. UNDER NO CIRCUMSTANCES OR LEGAL THEORY SHALL BLUEWING OR ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, DISTRIBUTORS, VENDORS, ATTORNEYS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICES, OR ANY MATERIALS ON THE WEBSITE OR SERVICES, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND SERVICES. WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF BLUEWING FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES, ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES OBTAINED AT OR FROM THE WEBSITE OR SERVICES, OR OTHERWISE RELATING TO YOUR USE OF THE WEBSITE, PRODUCTS OR SERVICES, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU, IF ANY, TO BLUEWING FOR USE OF THE WEBSITE, PRODUCTS OR SERVICES. BY USING ANY PRODUCT(S), YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ANY POTENTIAL EFFECTS, PROPER HANDLING AND PROPER USAGE OF SUCH PRODUCT(S), AND YOU ACKNOWLEDGE AND ASSUME ANY RISKS THAT MAY COME THEREWITH, INCLUDING, WITHOUT LIMITATION, ANY PHYSICAL INJURIES, HEALTH EFFECTS, ALLERGIC REACTIONS, PHYSIOLOGICAL CHANGES AND EFFECTS, BODY REACTIONS, AND ANY LOSS OR DAMAGES THAT MAY OCCUR THEREAFTER.
IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE WEBSITE OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DISPUTE REGARDING ANY TRANSACTION OR USER GENERATED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR OTHERWISE INTERACT WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE BLUEWING AND ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SUPPLIERS, DISTRIBUTORS, VENDORS, ATTORNEYS AND AFFILIATES (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE WEBSITE AND SERVICES, TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, RELEASED PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, UNLAWFUL USE OR OTHER MISUSE, OR INABILITY TO USE THE WEBSITE OR SERVICES, YOUR BREACH OF THIS AGREEMENT, OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF TO THE WEBSITE OR SERVICES, ANY USE OF ANY SERVICE PROVIDED BY A THIRD PARTY PROVIDER, OR ANY USE OF A SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING ANY SOCIAL MEDIA SITE. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ARISES, OR THE CAUSE OF ACTION OR CLAIM SHALL BE FOREVER BARRED.
YOU AGREE TO ARBITRATE ANY AND ALL CLAIMS, INCLUDING ALL STATUTORY CLAIMS, AND ANY STATE OR FEDERAL CLAIMS. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
By posting content to any public area of the Website, Services, or BLUEWING 's blog or social media pages or accounts, you automatically grant and represent and warrant that you have the right to grant to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
If you provide or post any information, materials, text, images, music, video, or other content or works of any nature (collectively, "Posted Content") at or through the Website, Services or on BLUEWING 's blog or social media pages or accounts, you represent, warrant, and agree that any such Posted Content:
(a) Is not defamatory, obscene, indecent, abusive, harassing, offensive, profane, violent, hateful, inflammatory or otherwise in violation of any law or right of any third party.
(b) Is not false, inaccurate, deceptive, misleading, or fraudulent.
(c) Does not promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(d) Does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.
(e) Does not violate any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, publicity and privacy rights, unfair competition, anti-discrimination or false advertising).
(f) Does not contain any personal identifying information of any person other than you.
(g) Does not cause annoyance, inconvenience or needless anxiety and is not likely to upset, embarrass, alarm or annoy any other person.
(h) Does not impersonate any person or misrepresent your identity or affiliation with any person or organization.
(i) Does not involve unauthorized commercial activities or sales, such as contests, sweepstakes or other sales promotions, bartering or advertising.
(j) Does not give the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case.
(k) Does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or the operation of any computer or computer program, including, without limitation, any mechanism for overloading, "flooding," "spamming," "mail bombing" or "crashing" the Website, Services or any system, or any mechanism intended to send unsolicited e-mail including, without limitation, promotions, or advertisements for products or services.
(l) Shall become and be the property of BLUEWING with the full and unrestricted right of BLUEWING to distribute, copy, transfer, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise use, or delete or remove, such Posted Content, in each case without compensation to you.
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content is infringing.
This Agreement is effective unless and until terminated by BLUEWING . If, in BLUEWING 's sole discretion, you fail to comply with any term or provision of this Agreement, BLUEWING may terminate your access to or use of the Website or Services. In the event of termination or denial of access by BLUEWING , you are no longer authorized to access the Website or Services, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in this Agreement, shall continue in force and effect to the fullest extent allowed under applicable laws.
The Website may include links to other Internet sites maintained by third parties ("Linked Sites"). BLUEWING provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by BLUEWING of the Linked Sites. You access Linked Sites at your own risk, and by accessing them, you leave the Website. Linked Sites are not under the control of BLUEWING and BLUEWING is not responsible for the content of any Linked Sites.
BLUEWING reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and Services (or any part thereof) with or without notice to you in our sole discretion. You agree that BLUEWING shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and Services.
In the course of your use of the Website or Services, we may ask you for certain information, including your name, email address, phone number, mailing address, billing address, shipping address, and payment card information (collectively, "Account Information"). If you open an account or commence any transaction of business at or on the Website, you may be required to complete the registration process by providing certain additional information and registering a username and password. Your Account Information must be up-to-date and accurate at all times. Should your information change, you must update it in your user profile. You agree that you are solely responsible for the accuracy and content of your Account Information. You are further responsible for maintaining the confidentiality of your username and password and also for all activities that take place under your username and/or account. You agree to: (a) immediately notify us of any unauthorized use of your username, password and/or account, or any other breach of security; and (b) ensure that you log out of your account at the end of each Website session. Consistent with and without limiting the scope of provisions limiting liability elsewhere in this Agreement, in no event will BLUEWING be liable for any indirect or consequential loss or damage of any kind whatsoever resulting from the disclosure of your username and/or password or your failure to comply with this section. You may not use another person's username or account at any time without the express permission of the account holder. We reserve the right to deny registration of any account at our discretion and to terminate your access to all or any part of the Website and Services if you provide inaccurate, false or misleading information in connection with your account.
All features, content, specifications, products and prices of products described at or depicted on the Website and Services are subject to change at any time without notice. All product descriptions are approximate, provided for convenience only and may be subject to substitutions where indicated. We make all reasonable efforts to accurately display the attributes of our products, including their respective sizes and colors; however, the actual size, color and other attributes you see may vary and will depend on your computer system, and as such we cannot guarantee that your computer will accurately display such attributes. While BLUEWING attempts to be as accurate as possible in its product descriptions on the Website and Services, BLUEWING does not warrant that product descriptions or other Content is accurate, complete, reliable, current or error-free. If a product offered by BLUEWING is not as described, your sole remedy is to return it in unused condition pursuant to BLUEWING 's Return Policy, citing the reasons the product is not as described.
You represent and warrant that you are buying products from the Website for your own personal or household use only, and not for resale or export. BLUEWING reserves the right to refuse any order you place with us in violation of this section or this Agreement. For example, we reserve the right to limit or cancel orders that, in our sole judgment, appear to be placed by dealers, resellers or unauthorized distributors or wholesalers. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per account, per payment method, per billing and/or shipping address or per order. In the event we modify or cancel an order, we will attempt to notify you by using the e-mail, billing address or phone number provided at the time the order was placed.
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws with respect to the possession and use of any item purchased from the Website. By placing an order, you represent and warrant that the products ordered will be used only in a lawful manner.
For quality assurance, BLUEWING may record and/or monitor incoming calls to, and outgoing calls from, BLUEWING . By accepting this Agreement, you also consent to any and all call recording and monitoring performed by BLUEWING or its agents, employees and/or affiliates.
BLUEWING 's Return Policy is accessible here and is incorporated into this Agreement in its entirety. Such Return Policy may change from time to time.
Shipping Policy and Risk of Loss When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is valid and compliant with the shipping restrictions contained on the Website. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the third party carrier. You are responsible for filing any claims with the applicable carrier for any damaged and/or lost shipments.
To place an order on the Website, you must be at least 18 years of age and abide by all applicable local, state, federal and international laws and regulations.
Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchise-franchisee relationship of any kind between BLUEWING and you or any other person or entity. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to other or similar breaches. This Agreement, including the other policies referenced herein, shall constitute the entire agreement and understanding between BLUEWING and you with respect to use of the Website and Services and supersedes any and all prior agreements and understandings between you with respect to the subject matter addressed herein. This Agreement is binding on BLUEWING and you and on each of your successors and assigns. If any provision in this Agreement is deemed unlawful, void or unenforceable, then that provision will be deemed severed from the Agreement and the remaining provisions shall remain in full force and effect as if no invalid or unenforceable provision had been part of this Agreement.
If you have any complaints or concerns regarding the Website or Services, please contact us at 561-774-2056.