Birds Eye Blue, Inc. TERMS & CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THIS SITE. We offer access to and use of our site to you subject to your acceptance of these terms and conditions ("Terms"). By accessing, using or obtaining any content, data, materials, information, products or services through our sites, you agree to observe these Terms. If you do not accept all of these Terms, then please leave our site now.
ACCEPTANCE OF TERMS
The materials on this Web site (the "Site") are provided by Birds Eye Blue, Inc. as a service to its users and may be used for informational purposes only subject to the provisions below. By downloading any materials form or otherwise using this Site, you as a user ("You") agree to these terms and conditions ("Terms"). If you do not agree to them, do not use the Site or download any materials from it. You agree that this Agreement (and, if you are a user who has registered on this Site ("Registered Users"), any provisions included in the registration process) is the complete and exclusive statement of the agreement between Birds Eye Blue, Inc. and you, which supercedes any proposal or prior agreement, oral or written, and any other communications between you and Birds Eye Blue, Inc. relating to the subject matter of this Agreement. Birds Eye Blue, Inc. may revise this agreement at any time by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding on you. Certain provisions of these terms may be superceded by expressly designated legal notices or terms located on particular pages of this Site.
USE OF SITES. You may only use our sites if you are at least 18 years of age and can enter into binding contracts (our sites are not available for use by minors). You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for all uses of our sites by you and anyone using your password and login information. You may only use our sites to make legitimate purchases. You may not use our sites: to make any false or fraudulent purchase; to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms. We may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our sites. We will use our reasonable commercial efforts to keep our sites available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. Your access to our sites may not be uninterrupted or available at all times. We cannot promise that our sites will be error-free, that defects or errors will be corrected or that our sites or the servers that make them available are free from viruses or other harmful components. You will not use any device, software or routine that interferes or attempts to interfere with the normal operation of our sites or take any action that imposes an unreasonable load on our computer equipment.
Birds Eye Blue offers Top Selling Products at the Best Prices, available for purchase on its website www.birdseyeblue.com
Our Top Shopping Categories are -
- Consumer Electronics
- Computers, Notebooks and Tablets
- Furniture and Home Decor
- Sports Memorabilia
- Clothes and Accessories
- Jewelry and Watches
- Office Products
- Sports Goods
- Tools and Hardware
- Gaming Hardware and Video Games
- Household Products
- Home Appliances
As a Registered User of Birds Eye Blue, you agree to make your member profile data, and data including user and product reviews, submitted by you to Birds Eye Blue, including but not limited to, company, solutions, products and services details and categories, submission of articles, links, news, online discussion forum postings and comments available to other registered members of Birds Eye Blue, as this is necessary for the functioning of an online, Internet-based e-Commerce site for purchase of products. We do not encourage anonymous submissions made to Birds Eye Blue in any of its service areas, of any kind or nature. Birds Eye Blue, Inc. does not control the timing of or manner in which any Vendor’s solutions, products or services ("Products") are delivered to you and does not guarantee the completion of any transaction. Birds Eye Blue, Inc. does not make any endorsements of Vendors, Products, Registered Users of Birds Eye Blue.
You understand and agree that the service may include regular communications from Birds Eye Blue, Inc., such as service announcements, administrative messages, emails with special offers and discounts for members, and the Birds Eye Blue, Inc. and Birds Eye Blue Newsletter, and that these communications are considered part of the Birds Eye Blue, Inc. Special Offers Marketplace and Birds Eye Blue membership account, without offering you the opportunity to opt-out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current services, shall be subject to the terms and conditions in this agreement. You understand and agree that the Service is provided "AS-IS" and that Birds Eye Blue, Inc. assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
We own and have copyrights on our sites – software, design, structure and data compilation, and Materials located thereon, and all of their contents. You will not copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer or modify any of the content, data, information or materials found on our sites, and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Birds Eye Blue, Inc.’s prior written permission. Trademarks, logos and service marks displayed on our sites ("Marks") are our registered and common law Marks. Your use of and access to our sites do not grant you any license or right to use any of these Marks not otherwise stated herein. You will not use any robot, spider, other automatic device, or manual process to monitor materials available through our sites.
SINGLE COPY LICENSE
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as otherwise indicated on this Site, you may use one copy of the information or Software ("Materials") found on this Site on a single computer for your personal, non-commercial, internal use only unless specifically licensed to do otherwise by Birds Eye Blue, Inc. in writing or as allowed by any license terms which accompany or are provided with individual Materials. This is a personal, non-transferable, non-exclusive right and one copy license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental, including, without limitation, posting the Materials on any network computer or broadcasting them in any media; (b) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Materials; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person; (e) modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part, except as expressly authorized by Birds Eye Blue, Inc. or advertisers. You agree to prevent any unauthorized copying of the Materials. Birds Eye Blue, Inc. reserves all rights not expressly granted in this Agreement. You agree not to modify the Software in any manner or form, or to use any modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Birds Eye Blue, Inc. for use in accessing the Service. Birds Eye Blue, Inc. does not make any endorsements of Materials found or posted on the site.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
All brand, product, service, and process names appearing on this Site are trademarks of their respective holders, and Birds Eye Blue, Inc. does not make any endorsements of such trademarks of their respective holders, that appear on this Site. Birds Eye Blue, Inc.’s trademarks may be used publicly with written permission only from Birds Eye Blue, Inc.. Fair use of Birds Eye Blue, Inc.’s trademarks in advertising and promotions of Birds Eye Blue, Inc. products requires proper acknowledgement. Reference to or use of a product, service, or process does not imply endorsement, recommendation, approval, affiliation, or sponsorship of that product, service, or process by Birds Eye Blue, Inc..
You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Birds Eye Blue, Inc.’s Member Registration form (such information being the "Member Profile Data") and (b) maintain and promptly update the Member Profile Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Birds Eye Blue, Inc. has reasonable grounds to suspect that such information is untrue, in accurate, not current or incomplete, Birds Eye Blue, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
MEMBER ACCOUNT, PASSWORD AND SECURITY
You are required to enter your member name, email and password as part of completing Birds Eye Blue, Inc.’s Member Registration process. You are responsible for maintaining your member account details. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Birds Eye Blue, Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Birds Eye Blue, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
REGISTERED USER AND MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Birds Eye Blue, Inc., are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Birds Eye Blue, Inc. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Although Birds Eye Blue, Inc. will take reasonable steps to pre-screen and approve content posted on the Site so that it meets the requirements of this agreement and is otherwise not objectionable, you understand that Birds Eye Blue, Inc. is not obligated to do so. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Birds Eye Blue, Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Birds Eye Blue, Inc. official, online discussion forum leader or system administrator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain mail," "pyramid schemes," or any other form of solicitation, except to upload advertisements in the areas that are designated for the purpose of posting advertisements;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- disrupt the functioning of the Service and/or Birds Eye Blue, or otherwise act in a way that interferes with other users’ use of the Service and/or Birds Eye Blue, Inc. MarketPlace
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that Birds Eye Blue, Inc. is not obliged to pre-screen Content, but that Birds Eye Blue, Inc. and its designees, agents, officers, directors and employees shall have the right (but not the obligation) in their sole discretion to refuse or remove, edit, move, discard any Content that is available via the Service. Without limiting the foregoing, Birds Eye Blue, Inc. and its designees, agents, officers, directors and employees shall have the right to edit, delete, remove, discard any Content (including the Content that you have submitted) that violates this agreement or is otherwise objectionable, at its sole discretion. You agree that you must evaluate, and bear all risks associated with , the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or submitted to Birds Eye Blue, including but not limited to Online Discussion Forum, Article Listings, Links Listings, News Listings, MarketPlace Data Submission, MarketPlace Data Subscription, or other forums, and in all other parts of the Service. You acknowledge and agree that Birds Eye Blue, Inc. may preserve and disclose Content, and information about registered users, including those who submit data on this site and Service, if required to do so by law or in the good faith belief that such preservation and disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) protect the rights, property, or personal safety of Birds Eye Blue, Inc., its users and the public; or (e) administer the Service, its membership registration, its subscription and signup procedures. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Any material, information or other communication you transmit or post to this Site including but not limited to Online Discussion Forum, Articles Listings, Links Listings, News Listings, MarketPlace Data Submissions, MarketPlace Data Subscription, or other parts of Birds Eye Blue, will be considered non-confidential and non-proprietary ("Submissions"). You warrant that you have all rights necessary to submit data and information to the Service, Member Registration and Birds Eye Blue, and to authorize the distribution and re-distribution of any material you submit for inclusion or use in the Service. You will provide information that we reasonably request related to any claim that material you submit infringes the rights of a third party. Birds Eye Blue, Inc. will have no obligations with respect to the Submissions, provided that any personally identifiable information shall be handled in the manner set forth below. Birds Eye Blue, Inc. and its designees, agents, officers, directors and employees will be free to have world-wide, royalty-free and fully sub-licensable usage to copy, reproduce, disclose, distribute, modify, adapt, translate, publish, publicly perform, publicly display, and to incorporate such Content into other works in any format or medium now known or later developed, and otherwise use the Submissions and all data, images, sounds, text, graphics, audio, video and other things embodied therein for any and all commercial or non-commercial purposes, provided that any personally identifiable information shall be handled in the manner set forth below. Birds Eye Blue, Inc. does not make any endorsements of such Submissions and Communications on Birds Eye Blue, nor representations that such submissions and communications are true and accurate, although, Birds Eye Blue, Inc. will make all reasonable attempts to ensure that user submissions are valid, accurate, reliable and in a manner not prohibited by this agreement. You should make all reasonable attempts to avoid promoting, marketing, selling in any manner-Products, services, solutions, company information, and any other information to other Registered Users of this site, on Birds Eye Blue, unless explicitly granted access to post advertisements on this site. Birds Eye Blue, Inc. does not make any endorsements of such advertisements (if any) that are posted on this site. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law or any rights of a third party.
Birds Eye Blue, Inc. PRIVACY STATEMENT AND USE OF PERSONALLY IDENTIFIABLE INFORMATION
All information including Member Profile Data and personally identifiable information submitted by you to Birds Eye Blue, Inc. through forms on the Site is treated according to Birds Eye Blue, Inc.’s Privacy Statement located on this Site. You agree you have read and understand Birds Eye Blue, Inc.’s Privacy Statement.
ONLINE DISCUSSION FORUM AND INTERACTION AMONG REGISTERED USERS
Birds Eye Blue, Inc. may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Submissions and communications, or communicate solely with each other, including but not limited to Online Discussion Forum, Articles Listings, Links Listings, News Listings, MarketPlace Data Submission, MarketPlace Data Subscription, or other parts of Birds Eye Blue, and the content of any such submissions and communications. Birds Eye Blue, Inc., however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Birds Eye Blue, Inc. does not make any endorsements of such Submissions and Communications on Birds Eye Blue, nor representations that such submissions and communications are true and accurate. You should be cautious when acting on information provided by contributors to these Online Discussion Forum, Articles Listings, Links Listings, News Listings, MarketPlace Data Submission, MarketPlace Data Subscription or other parts of Birds Eye Blue. You should not rely upon the information and opinions of the Online Discussion Forum, Articles Listings, Links Listings, News Listings, MarketPlace Data Submission, MarketPlace Data Subscription or other parts of Birds Eye Blue, Inc. MarketPlace. You agree to respect the privacy of other Registered Users on Birds Eye Blue, Inc. MarketPlace, and unconditionally abide by the terms set forth in our Privacy Statement. You are prohibited in making unauthorized and unsolicited contacts with other Registered Users of Birds Eye Blue if they do not wish to be contacted or if they do not respond to your attempts to contact them, after your first attempt is unsuccessful. Birds Eye Blue, Inc. though not obligated to, reserves the right to notify you/send warning notices. You are prohibited from acting in any way that would violate any law or any rights of a third party, including Registered Users of Birds Eye Blue.
LINKS TO OTHER SITES
Any links on this site including but not limited to Link Directories on Birds Eye Blue, Inc. MarketPlace ("Links"), may let you leave the Birds Eye Blue, Inc. site and go to other Web sites. The linked sites are not under the control of Birds Eye Blue, Inc., and Birds Eye Blue, Inc. is not responsible for the content, the accuracy thereof or any other aspect of any liked sites or any link contained in a linked site. Birds Eye Blue, Inc. reserves the right to terminate any Links or linking program at any time. Birds Eye Blue, Inc. does not endorse such Links, companies or products, or information to which it links and reserves the right to note as such on its Site. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Birds Eye Blue, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
You acknowledge that Birds Eye Blue, Inc. may establish general practices and limits concerning use of the Service, including but not limited to the maximum number of days that site email messages, online discussion forum, articles, links, news postings, member uploaded media, calendar appointments, user-defined queries & results on Birds Eye Blue, or other uploaded Content on Birds Eye Blue will be retained by the Service, the maximum number of site email messages that may be sent from or received by an account on the Service, the maximum size of any site email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Birds Eye Blue, Inc.’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Birds Eye Blue, Inc. has no responsibility or liability for the deletion or failure to store any message and other communications or other Content maintained or transmitted by the Service. You acknowledge that Birds Eye Blue, Inc. reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Birds Eye Blue, Inc. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
NOTICES AND SITE ADMINISTRATION UPDATES
Unless otherwise noted on the site, in the information provided by the Service, subscription and signup details, or as stated in this Agreement, all Site Administration Updates to the Service, will be completed within 24 to 72 hours of receiving the request, and all Notices and Communications from Birds Eye Blue, Inc. will be sent within 24 to 72 hours of the respective event being triggered, for which this Notice or Communication is being sent.
Birds Eye Blue, Inc. controls this Site from its offices within the United States of America. Birds Eye Blue, Inc. makes no representation that Materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal and prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You may not use or export the Materials in violation of U.S. export laws and regulations.
TERMINATION OF SERVICE
If you are a Registered User and you breach of any of the terms or conditions of this Agreement. Birds Eye Blue, Inc. may, at its sole discretion, (a) suspend you r access to certain areas of the Site and Service, (b) terminate your access to certain areas of the Site and Service, for any reason, including but not limited to lack of use, or if Birds Eye Blue, Inc. believes that you are in breach of any of the terms or conditions of this Agreement. Whether or not a breach results in suspension or termination depends on several factors, including but not limited to the severity of the breach, the potential harm to other users or to Birds Eye Blue, Inc., and whether or not the breach is repeated or cured. If Birds Eye Blue, Inc. suspends or terminates your right to access or use the Birds Eye Blue, Inc. Site then Birds Eye Blue, Inc. shall, within 24 hours, provide notice to you of such action. Upon termination, you will immediately destroy the Materials and all licenses herein shall immediately terminate. In the case of suspension or termination of access and/or service, Birds Eye Blue, Inc. is not obliged to refund to You any subscription fees for the remaining period of subscription after termination. If access and/or service is suspended, but re-instated later, your subscription period will be resumed from the point of re-installation until the subscription period expires, after which normal subscription and charging process will apply. If access is suspended and then terminated, termination rules as described above will apply. You agree that termination of your access to the Service will result in Birds Eye Blue, Inc. to immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Birds Eye Blue, Inc. shall not be liable to you or any third-party for any suspension or termination of your access to the Service.
CANCELLATION OF SERVICE
You have the option to cancel your subscription to the Service (or any part thereof) at any time. When you cancel you will receive an email confirmation of the same within 24 to 72 hours. Your cancellation will be effective after the end of your active subscription period. Upon cancellation, you will immediately destroy the Materials and all licenses herein related to the Service (or applicable part thereof) shall immediately terminate. You agree that Birds Eye Blue, Inc. will not refund any fees already paid towards the subscription of the Service (or any part thereof), but if you choose to cancel your subscription, you will not be charged any future recurring payments for the subscription, following the end of your active subscription period. You agree that any cancellation of your access to the Service will result in Birds Eye Blue, Inc. to immediately deactivate your access to the Service (or applicable part thereof) and all related information and files in your account and/or bar any further access to such files or the Service (or applicable part thereof). Further, you agree that Birds Eye Blue, Inc. shall not be liable to you or any third-party for any cancellation of your access to the Service (or applicable part thereof).
You can remove yourself as a member of Birds Eye Blue, Inc. at any time. When you contact us to delete your membership, you will receive an email confirmation of the same within 24 to 72 hours. You understand that your request for deleting membership will be treated with the same rules that apply to Termination of Service described above, with the exception of Birds Eye Blue, Inc. providing notice within 24 hours-this is superceded by Birds Eye Blue, Inc.’s email confirmation sent within 24 to 72 hours as described in this section.
MODIFICATIONS TO SERVICE
Birds Eye Blue, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, and without liability. You agree that Birds Eye Blue, Inc. shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. Treatment of Suspension of service is described above in section ‘Termination of Service’. Treatment of Discontinuance of Service is the same as that described above for Cancellation of Service above.
YOU HEREBY AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD Birds Eye Blue, Inc. (AND ITS DESIGNEES, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGE, LIABILITY, OR EXPENSE ARISING OUT OF OR RELATING TO ANY THIRD-PARTY CLAIM, ACTION, DEMAND OR ALLEGATION BROUGHT AGAINST Birds Eye Blue, Inc. BASED UPON OR RELATING TO, DUE TO OR ARISING OUT OF (A) A DISPUTE BETWEEN YOU AND A VENDOR OR A USER (REGISTERED OR OTHERWISE) OVER THE TERMS AND CONDITIONS OF A CONTRACT OR RELATED TO THE PURCHASE AND SALE OF ANY GOODS/SERVICES, (B) A BREACH BY YOU OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, (C) ANY ACTION OF YOU OR A VENDOR OR A USER (REGISTERED OR OTHERWISE) WHICH VIOLATES ANY LAW, REGULATION OR RIGHTS OF A THIRD PARTY, OR (D) CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- WE MAKE NO WARRANTY OF ANY KIND REGARDING OUR SITES AND/OR ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OUR SITES, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
- WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OUR SITES OR SERVICES (I) WILL MEET YOUR REQUIREMENTS, (II) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND/OR (III) WILL PROVIDE RESULTS THAT WILL BE ACCURATE OR RELIABLE.
- WE FURTHER DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICE WILL MEET YOUR EXPECTATIONS, AND/OR (II) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- WITHOUT LIMITING THE FOREGOING, YOU SHOULD BE AWARE THAT THE MATERIALS MAY CONTAIN ERRORS, OMISSIONS, INACCURACIES, OR OUTDATED INFORMATION. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, ADEQUACY, CURRENCY, VALIDITY, OR RELIABILITY OF ANY MATERIALS, AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON OUR SITES. Birds Eye Blue, Inc. MAKES NO COMMITMENT TO UPDATE SUCH CONTENT OR INFORMATION.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Birds Eye Blue, Inc. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED IN THE AGREEMENT.
LIMITATION OF LIABILITY
BY USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND AND AGREE THAT:
- Birds Eye Blue, Inc. NOR ITS SUPPLIERS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, BUSINESS INTERRUPTION, LOSS OF INFORMATION (EVEN IF Birds Eye Blue, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, MATERIALS OR THE SITE; (II) THE COST OF PROCUREMENT OF GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Birds Eye Blue, Inc. NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, DESIGNEES, OR AGENTS, BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR RELATING TO THIS AGREEMENT REGARDLESS OF THE FORM OF CLAIM OR ACTION.
- Birds Eye Blue, Inc. NOR ITS SUPPLIERS SHALL NOT BE RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN OUR SITES OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM OUR SITES OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF OUR SITES OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY IN THE USE OF OR INABILITY TO USE ANY COMPONENT OF THESE SITES, OR (III) ANY PERFORMANCE OR NON PERFORMANCE BY US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO A PARTY OR PARTIES.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
Birds Eye Blue, Inc. IS NOT A PARTY TO ANY ACTUAL ENGAGEMENT BETWEEN VENDORS, OTHER USERS (REGISTERED OR OTHERWISE) AND YOU. AS A RESULT, Birds Eye Blue, Inc. HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF VENDORS OR THEIR PRODUCTS, OR OTHER USERS (REGISTERED OR OTHERWISE). YOU ARE WHOLLY RESPONSIBLE FOR ALL ACTIVITIES CONDUCTED THROUGH YOUR ACCOUNT IN ACCESSING THE SITE. Birds Eye Blue, Inc. CANNOT AND DOES NOT CONTROL WHETHER OR NOT VENDORS WILL DELIVER THEIR PRODUCTS, OR COMPLETE THEIR SERVICES OR OTHER OBLIGATIONS. FURTHER, IT IS NOT COMMERCIALLY REASONABLE FOR Birds Eye Blue, Inc. TO AUTHENTICATE THE VENDORS AND REGISTERED USERS, AND Birds Eye Blue, Inc. CANNOT AND DOES NOT CONFIRM THAT EACH VENDOR OR REGISTERED USER IS WHO IT CLAIMS TO BE. Birds Eye Blue, Inc. ENCOURAGES YOU TO DEVELOP SAFE BUSINESS PRACTICES WHEN USING THE INTERNET. Birds Eye Blue, Inc. ALSO ENCOURAGES YOU TO COMMUNICATE DIRECTLY WITH VENDORS AND OTHER REGISTERED USERS FROM THE WEB SITE TO HELP YOU EVALUATE WITH WHOM YOU ARE DEALING. YOUR RELEASE Birds Eye Blue, Inc. (AND ITS DESIGNEES, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, BUT NOT LIMITED TO, ACTUAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND INCIDENTAL DAMAGES), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR RELATIONSHIP WITH THE VENDORS OR USERS (REGISTERED OR OTHERWISE), OR THE PRODUCTS PROVIDED BY THE VENDORS, OR ANY ACTIONS OR OMISSIONS OF A VENDOR OR USER (REGISTERED OR OTHERWISE). IN NO WAY WILL Birds Eye Blue, Inc. BE LIABLE FOR ANY LEGAL ACTIONS BROUGHT AGAINST YOU BY SUCH VENDORS OR USERS (REGISTERED OR OTHERWISE).
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS RULES GOVERNING CONFLICTS OF LAW. THE PARTIES AGREE THAT THE EXCLUSIVE VENUE FOR ALL ACTIONS AND ARBITRATIONS RELATING IN ANY MANNER TO THIS AGREEMENT SHALL ONLY BE IN A FEDERAL OR STATE COURT OF COMPETENT JURISDICTION LOCATED IN NEW YORK, U.S.A. If any provision of this Agreement is for any reason held unenforceable or invalid, then this Agreement shall be construed as if such provision were not contained in this Agreement. 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 Terms and Conditions of this Agreement must be filed within one (1) year after the date of such claim or cause of action arose or be forever barred. The failure of Birds Eye Blue, Inc. to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You may not assign this Agreement or any of its rights or obligations without the prior written consent of Birds Eye Blue, Inc., and any such attempted assignment will be void. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the permitted successors, legal representatives and assigns of the parties hereto. Notwithstanding anything else set forth herein to the contrary, the relationship between you and Birds Eye Blue, Inc. is an independent contractor relationship only, and nothing herein shall be construed to create a partnership, joint venture, franchise, employment, or any other agency relationship between the parties. If any provision hereof is declared invalid by a court of competent jurisdiction, such provisions shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect. The Materials are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq, or its successor. Use of the Materials by the Government constitutes acknowledgment of Birds Eye Blue, Inc.’s proprietary rights in them.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Please report any violations of the Terms and Conditions Agreement to Birds Eye Blue, Inc. - firstname.lastname@example.org.
COPYRIGHTS and VIOLATIONS
Birds Eye Blue, Inc. respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please email Birds Eye Blue, Inc. – email@example.com, to notify claims of copyright or other intellectual property infringement.