logo
home International . Dealer

.

Contact about us  
 
 
   
                   
line


  Blue Moon Aquatics Terms of Use (Page 3 of 3)   } previous page  
 

Published Activity
Blue Moon Aquatics allows you the option to publish about the actions you take on Blue Moon Aquatics Website to Facebook, Twitter and other social platforms. Blue Moon Aquatics does not control which information gets disseminated on participating social platforms. You agree to allow Blue Moon Aquatics to check your Blue Moon Aquatics cookies when you are visiting participating social platforms, and allow Blue Moon Aquatics to receive information about your use of those social platforms. You can deactivate this publishing feature on your profile page.

Indemnification
You agree to indemnify, defend, and hold harmless indemnify, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of these Terms of Use, any law or the rights of any third party.

Privacy
Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Website.

User Interaction Disclaimer
You are solely responsible for your interactions with other Website users, whether online or offline in person. indemnify is not responsible or liable for any loss or damage resulting from any interaction with other Website users or persons you meet through the Website. You agree to take reasonable precautions in all interactions with other users on the Website, whether online or offline, and conduct any necessary investigation before meeting another person. Blue Moon Aquatics is under no obligation to become involved with any user dispute, but may do so at its own discretion.

Warranty Disclaimer
Blue Moon Aquatics is not responsible or liable for any User Generated Content or other Content posted on the Website or for any offensive, unlawful or objectionable content you may encounter on or through the Website.  The Website, User Generated Content, Content, and the materials and products on this Website are provided “AS IS” and without warranties of any kind.  To the fullest extent permitted by law, Blue Moon Aquatics disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.  Blue Moon Aquatics cannot guarantee and does not promise any specific results from use of the Website. Blue Moon Aquatics does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful.  To the fullest extent permitted by law, Blue Moon Aquatics does not make any warranties or representations regarding the use of the materials or Content in the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise.  You understand and agree that you download or otherwise obtain Content (including any mobile client) at your own risk, and that you will be solely responsible for your use and any damage to your mobile device or computer system, loss of data or other harm of any kind that may result. Blue Moon Aquatics reserves the right to change any and all Content and other items used or contained in the Website at any time without notice.  Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
BLUE MOON AQUATICS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A BLUE MOON AQUATICS EVENT OR ANY USER GENERATED CONTENT, EVEN IF BLUE MOON AQUATICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE.  YOUR ONLY REMEDY AGAINST BLUE MOON AQUATICS FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE.  THAT SAID, IF BLUE MOON AQUATICS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT BLUE MOON AQUATICS LIABILITY SHALL NOT EXCEED US$100.00.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Miscellaneous
You agree that this Website shall be deemed a passive website solely based in Pennsylvania, which does not give rise to personal jurisdiction over Blue Moon Aquatics in jurisdictions other than Pennsylvania.  You agree that this Website, Terms of Use, Privacy Policy and any dispute between you and Blue Moon Aquatics shall be governed in all respects by the law of Pennsylvania, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of Blue Moon Aquatics products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Pennsylvania. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Pennsylvania. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of Blue Moon Aquatics products) must be commenced within one (1) year after the claim or cause of action arises.  By using the Website, you agree to receive certain electronic communications from Blue Moon Aquatics.  You agree that any notice, agreement, disclosure or other communication that Blue Moon Aquatics sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.  Blue Moon Aquatics failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use.  Blue Moon Aquatics may assign its rights and duties under this Agreement to any party at any time without notice to you.

Severability
If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable.  If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

Termination
Blue Moon Aquatics reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. Blue Moon Aquatics also reserves the right to block users from certain IP addresses and prevent access to the Website.  You may terminate your account at anytime by clicking the “deactivate account” button in the Account Settings.  You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Website, or on other social platforms (e.g., Facebook and Twitter), may continue to appear on the Website or on other social platforms even after your User Generated Content is removed or your account is terminated.  These Terms of Use remain in effect even after your account is terminated.  The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

 
           

Shortcuts Community            
line
line2 PAR link                  
PAR link      
       
       
                 
spacer

© Blue Moon Aquatics LLC. All rights reserved     Terms of Use Privacy Accessibility