TERMS OF USE
This Terms of Use Agreement is a legal agreement between Blue Outdoor and you and, together with the Privacy Policy (collectively, these Terms), governs your access to and use of the website at www.blueoutdoor.com and its associated subdomains ("the Site"). By accessing the Site you agree to be bound by these Terms. These Terms constitute the sole and entire agreement between you and Blue Outdoor with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, warranties, and covenants, both written and oral, with respect to the Site.
Blue Outdoor may change these Terms periodically in its sole discretion. If Blue Outdoor revises these Terms, Blue Outdoor will post such revised Terms to the Site, and such revised Terms shall be effective immediately upon such posting. Your continued use of the Site after Blue Outdoor posts such revised Terms constitutes acceptance of such revised Terms.
The Site is only available to users who are 13 years of age or older. By accessing or using the Site, you represent and warrant that you are 13 years of age or older.
You may use the Site for personal, non-commercial use only.
The Site is available for use only by persons located in the United States. Blue Outdoor makes no claims that the Site or any of the Content (as defined below) are accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own risk and are responsible for compliance with applicable laws.
Subject to the terms and conditions of these Terms, you may access and use the Site for your personal, noncommercial use. Blue Outdoor reserves the right to withdraw or amend the Site or any portion thereof, in its sole discretion without notice. Blue Outdoor shall not be liable if for any reason all or any portion of the Site is unavailable at any time or for any period. From time to time, Blue Outdoor may restrict access to some or all of the Site.
Ownership And Trademarks
Except as otherwise expressly stated, all content, features, and functionality included in or accessible through the Site (including, without limitation, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, the "Content") is owned by Blue Outdoor, its licensors, Blue Outdoor, or other third-party content providers, and such Content is protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All rights not expressly granted in these Terms are expressly reserved.
SMS Messaging
Blue Outdoor does not engage is SMS marketing. If you reach out to an employee of Blue Outdoor via SMS message, that is an unmonitored private conversation between you and the Blue Outdoor employee. Message and data rates may apply. To opt out of SMS messaging reply STOP to your contact or let said person know you wish to continue your conversation via phone call or email. Our Privacy Policy
All registered and/or unregistered trademarks and/or service marks (collectively, "Marks") used or referred to on the Site are the property of Blue Outdoor or its licensors, unless otherwise noted. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without Blue Outdoor's prior written permission. The use of Blue Outdoor's Marks on any other website, without authorization, is prohibited.
Links To Third Party Sites
The Site may contain links to third-party websites, which are not under the control of Blue Outdoor. Blue Outdoor makes no representations whatsoever about any other website to which you may have access through the Site. When you access another website, you do so at your own risk and acknowledge that Blue Outdoor is not responsible or liable for any content, advertising, products or other materials available from such third party websites. You also agree that Blue Outdoor shall not be liable for any loss or damage of any sort incurred as the result of using any third party's website. Mention of third-party companies and websites on the Site is for informational purposes only and does not constitute an endorsement or recommendation.
You may link to the homepage of the Site, provided you do so in a way that is fair and legal and does not damage Blue Outdoor's reputation. You may not establish a link to the Site in such a way as to suggest any form of association, approval, or endorsement on Blue Outdoor's part. You agree to cooperate with Blue Outdoor in preventing or ceasing any unauthorized framing or linking. Blue Outdoor reserves the right to withdraw linking permission without notice.
Limitation Of Liability
BLUE OUTDOOR SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH BLUE OUTDOOR.
BLUE OUTDOOR SHALL NOT BE LIABLE TO YOU FOR ANY INTERCEPTION OF ONLINE COMMUNICATIONS, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING, WITHOUT LIMITATION, VIRUSES, LOSS OF DATA, OR COMPATIBILITY CONFLICTS), OR OTHER CONSEQUENCE BEYOND THE REASONABLE CONTROL OF BLUE OUTDOOR.
Disclaimer Of Warranties
USE OF THE SITE AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS PROHIBITED BY APPLICABLE LAW, THE SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BLUE OUTDOOR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, OR SERVICES, THAT THE SITE (AND YOUR ACCESS TO OR USE OF THE SITE) IS OR WILL BE SECURE, PRIVATE, ERROR-FREE, UNINTERRUPTED, COMPLIANT WITH LAW, FREE OF HARMFUL OR OFFENSIVE CONTENT OR COMPONENTS, OR INTEROPERABLE WITH ANY THIRD-PARTY DEVICE, CONTENT, OR SERVICE, AND ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BLUE OUTDOOR DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The information presented on or through the Site is made available solely for general information purposes. Blue Outdoor does not represent, warrant, or covenant to the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is strictly at your own risk. Blue Outdoor disclaims all liability or responsibility arising from your reliance on such materials.
The Site may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in such content are solely the opinions and the responsibility of the third party providing such materials. Such materials do not necessarily reflect the opinion of Blue Outdoor. Blue Outdoor is not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
Indemnification
You agree, at your expense, to indemnify, defend and hold harmless Blue Outdoor from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of your breach of these Terms or in connection with your use of the Site or any product or service related thereto, including, without limitation, your use of the Content.
Arbitration And Governing Law
These Terms and the relationship between you and Blue Outdoor shall be governed by and construed in accordance with the laws of the state of Delaware.
Any controversy or claim arising out of or relating to these Terms or relating to use of the Site and the Content shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
This Section of these Terms will survive the termination of your relationship with Blue Outdoor. Blue Outdoor's affiliates and third-party providers are third-party beneficiaries to these Terms (and may enforce any of the provisions and protections hereof, including, without limitation, the foregoing arbitration provision).
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AMERICAN ARBITRATION ASSOCIATION'S COMMERCIAL ARBITRATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR BLUE OUTDOOR WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Any legal action or proceeding arising out of or related to your access to or use of the Site or these Terms, except where such legal action or proceeding is submitted to arbitration as described above, shall be instituted exclusively in the applicable state or federal courts of the State of Delaware, and you agree and hereby submit to the exclusive personal jurisdiction and venue thereof.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver/Severability
The waiver by either party of a breach or right under these Terms will not constitute a waiver of any subsequent breach or right. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect.
Reservation Of Rights
Any rights not expressly granted herein are reserved.
Contact Blue Outdoor
If you have any questions or concerns about these Terms, please email Blue Outdoor at support@blueoutdoor.com or write Blue Outdoor at 40 W 57th Street, Suite 1720, New York, NY 10019.
All notices of copyright infringement must be sent to Blue Outdoor's copyright agent at: Blue Outdoor, 40 W 57th Street, Suite 1720, New York, NY 10019: General Counsel. Telephone: (212) 759-0200. Email: support@blueoutdoor.com.
In accordance with the Online Copyright Infringement Liability Limitation Act of the DMCA, such notices must include the following information:
Your physical or electronic signature;
Identification of the copyrighted work you believe to have been infringed, or if such notice involves multiple works on the Site, a representative list of such works;
Identification of the material you believe to be infringing in a sufficiently precise manner to allow Blue Outdoor to locate such material;
Adequate information by which Blue Outdoor can contact you (including your name, physical address, telephone number, and email address);
A statement that you have a good faith belief that use of such material is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the written notice is accurate; and
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.