Terms and Conditions

Last Updated: March 26, 2024

Welcome to BlueTerraTM. These Terms and Conditions (“Terms”) outline the rules and regulations governing your use of the BlueTerraTM website (the “Service”) operated by BlueTerraTM, a company located in Michigan, United States (“us”, “we”, or “our”).

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access or use the Service.

1. Account and Eligibility

1.1 To access certain features of the Service, you may be required to create an account (“Account”). You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account. You agree to:

  • Provide accurate, current, and complete information during the Account registration process.
  • Keep your Account information updated and accurate.
  • Not share your Account credentials with any third party.
  • Be responsible for all activity that occurs under your Account.

1.2 You represent and warrant that you are of legal age to enter into a binding contract and are not barred from using the Service under any applicable law.

1.3 BlueTerraTM reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

2. Use of the Service

2.1 You agree to use the Service only for lawful purposes and in accordance with these Terms.

2.2 You agree not to use the Service:

  • In any way that violates any applicable law or regulation.
  • For any purpose that is unauthorized or prohibited by these Terms.
  • To infringe on or violate the rights of any other user, including intellectual property rights.
  • To transmit any harmful, harassing, defamatory, obscene, or threatening content.
  • To interfere with or disrupt the Service or the servers or networks connected to the Service.
  • To impersonate any person or entity, or to falsely state or otherwise misrepresent your affiliation with a person or entity.
  • To gain unauthorized access to the Service or any other accounts, computer systems, or networks connected to the Service.
  • To use the Service to upload or distribute viruses, malware, or other harmful code.
  • To automate access to the Service in any way (e.g., using scripts or bots).

3. User Content

3.1 You may be permitted to submit, post, or display content (“User Content”) on the Service. You retain all ownership rights to your User Content.

3.2 By submitting User Content, you grant BlueTerraTM a non-exclusive, royalty-free, worldwide license to use, modify, reproduce, distribute, translate, and display such User Content on the Service.

3.3 You are solely responsible for your User Content and the consequences of submitting it.

3.4 You represent and warrant that you have all necessary rights and licenses to submit your User Content and that your User Content does not infringe on any third-party rights.

3.5 BlueTerraTM reserves the right to remove or edit any User Content at its sole discretion.

4. Intellectual Property

4.1 The Service and all content and materials included on the Service, including but not limited to text, graphics, logos, icons, images, videos, audio clips, software, design, and data (collectively, the “Content”) are the property of BlueTerraTM or its licensors.

4.2 The Content is protected by copyright, trademark, patent, and other intellectual property laws.

4.3 You may not use any Content without BlueTerraTM‘s prior written permission.

5. Third-Party Links and Services

5.1 The Service may contain links to or integrations with third-party websites or services. These links are not an endorsement by BlueTerraTM of those third parties.

5.2 You acknowledge and agree that BlueTerraTM is not responsible for the availability, accuracy, content, or policies of any third-party website or service.

5.3 Your use of third-party websites or services is subject to the terms and conditions of those third parties.

6. Disclaimers

6.1 THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

6.2 BLUETERRATM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE.

6.3 BLUETERRATM DOES NOT WARRANT THAT THE CONTENT PROVIDED ON THE SERVICE IS ACCURATE, RELIABLE, OR CURRENT.

7. Limitation of Liability

7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUETERRATM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION:

  • DAMAGES FOR LOSS OF PROFITS, DATA, OR GOODWILL.
  • DAMAGES FOR BUSINESS INTERRUPTION.
  • PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF YOUR USE OF THE SERVICE OR ANY CONTENT PROVIDED ON THE SERVICE.
  • DAMAGES ARISING OUT OF YOUR USE OF ANY THIRD-PARTY WEBSITE OR SERVICE.

7.2 YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BLUETERRATM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, YOUR VIOLATION OF THESE TERMS, OR YOUR USER CONTENT.

8. Term and Termination

8.1 These Terms shall remain in full force and effect while you use the Service.

8.2 BlueTerraTM may terminate these Terms or suspend your access to the Service at any time, for any reason, with or without notice.

8.3 You may terminate these Terms by closing your Account or discontinuing your use of the Service.

8.4 Upon termination of these Terms, your right to access the Service will cease immediately. You agree that BlueTerraTM may delete all of your User Content upon termination.

9. Governing Law

9.1 These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of law provisions.

9.2 Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Wayne County, Michigan.

10. Entire Agreement

10.1 These Terms constitute the entire agreement between you and BlueTerraTM regarding your use of the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written.

11. Severability

11.1 If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

12. Waiver

12.1 No waiver of any provision of these Terms by BlueTerraTM shall be deemed a further or continuing waiver of such provision or any other provision.

13. Updates to the Terms

13.1 BlueTerraTM reserves the right to update these Terms from time to time. We will notify you of any changes by posting the new Terms on the Service and updating the “Last Updated” date at the top of this document.

13.2 You are advised to review these Terms periodically for any changes. Your continued use of the Service after the posting of revised Terms means that you accept and agree to the changes.

14. Contact Us

If you have any questions about these Terms, please contact us:

These Terms and Conditions provide a comprehensive overview of the rules governing your use of the BlueTerraTM Service. By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

800.988.8095 – For wholesale queries

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