Terms of Use
DISCLAIMER OF
WARRANTIES
All
materials, information, software, products, and services included in or
available through this site (the
"content") are provided "as is" and "as available" for your use. The content is
provided without warranties of any kind, either express or implied, including, but not limited
to, implied warranties of merchantability, fitness for a particular purpose, or
non-infringement. Bluegala, its subsidiaries, and its licensors do not warrant
that the content is accurate,
reliable or correct; that this site will be available at any particular time or
location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this site is
solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
LIMITATION OF
LIABILITY
Under no
circumstances shall Bluegala, its subsidiaries, or its licensors be liable for
any direct, indirect, punitive, incidental, special, or consequential damages
that result from the use of, or
inability to use, this site. This limitation applies whether the
alleged liability is based on contract, tort, negligence, strict liability, or
any other basis, even if Bluegala has
been advised of the possibility of
such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, Bluegala's liability in such jurisdictions shall be
limited to the extent permitted by
law.
INDEMNIFICATION
Upon a
request by Bluegala, you agree to defend, indemnify, and hold harmless Bluegala
and its subsidiaries and other
affiliated companies, and their
employees, contractors, officers, and directors from all liabilities, claims,
and expenses, including attorney's fees, that arise from your use or misuse of
this site. Bluegala reserves the
right, at its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification
by you, in which event you will cooperate with Bluegala in asserting any
available defenses.
CHOICE
OF LAW AND FORUM
These Terms
of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law
rules. You expressly agree that the
exclusive jurisdiction for any claim or action arising out of or relating to
these Terms of Use or your use of
this site shall be filed only in the
state or federal courts located in the State of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts
for the purpose of litigating any
such claim or action.
SEVERABILITY AND
INTEGRATION
Unless
otherwise specified herein, this
agreement constitutes the entire
agreement between you and Bluegala with respect to this site and supersedes all
prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and
Bluegala with respect to this site. If any part of these Terms of Use is held invalid or unenforceable,
that portion shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the
original intentions of the parties,
and the remaining portions shall
remain in full force and effect.
DEALINGS WITH
ADVERTISERS
Your
correspondence or business dealings with, or participation in promotions of,
advertisers found on or through Bluegala, 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 Bluegala 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
Bluegala.
COLORS
We have
made every effort to display as accurately as possible the colors of our products that appear on
the site. However, as the actual colors you see will depend on your
monitor, we cannot guarantee that your monitor’s display of any color will be
accurate
LINKS
Bluegala may
provide, or third parties may provide, links to other World Wide Web sites or resources. Because
Bluegala has no control over such sites and resources, you acknowledge and agree
that Bluegala is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any content,
advertising, products, or other
materials on or available from such sites or resources. You further acknowledge and agree that Bluegala shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
content, goods, or services available on or through any such site or
resource.
TERMINATION
You agree
that Bluegala, in its sole discretion, may terminate your password, account (or
any part thereof), or use of
the Service, and remove and discard
any content within the Service, for
any reason, including, without limitation, for lack of use or if Bluegala
believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Bluegala may also in its sole
discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any
termination of your access to the
Service under any provision of these
Terms of Use may be effected without prior notice, and acknowledge and agree
that Bluegala may 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 Bluegala shall not be liable to
you or any third party for any termination of your access to the Service.
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