Information We May Collect
In addition, as is true of most websites, we may also gather non-personal identifiable information about your computer such as your IP address, browser type, referring/exit pages, and operating system. The Site uses a browser feature known as a cookie, which assigns a unique identification to your computer. The information collected from cookies allows us to provide better customer service to you and to improve features of our Site in a variety of ways, including by determining whether you have visited the Site in the past and which pages of our Site you have visited.
We use third parties to improve our ability to identify visitors to our website. As part of this service, we may make available identifiers to these third parties including our visitors’ IP addresses, cookies, and hashed versions of email addresses captured from your visit. We, and third parties, use this data to obtain more information about our visitors and reach out to them through other channels, such as email and/or direct mail. You have the right to opt-out of this activity. To opt-out, please email [email protected] .
If you are uncomfortable with the idea of your information being used in this way, most computer systems and web browsers offer privacy settings and options, such as disabling cookies or opting for “Do Not Track” features. We do not override these settings or options.
How We Use Your Information
- Send you requested information
- Respond to customer service requests
- Send you a newsletter or other marketing communications
- Respond to your questions and concerns
- Improve our website and marketing efforts and otherwise assess the needs of our business
- Conduct research and analysis to help develop better products
How We May Share Your Information
We may share information collected through the Site with our subsidiaries, affiliated companies and business partners for the purpose of providing you with the products and services you seek from the Site. Furthermore, in order to provide you with a better customer experience, we may share information with service providers, subcontractors, and business partners who have been retained to perform business functions on our behalf or to provide services to us. These services include:
- Order fulfillment and delivery
- Customer service and support
- Email service delivery
- Advertising, marketing, surveys, and promotions, including partnerships and collaborations with other companies whose products or services we think you might enjoy
- Information technology and office services, including software and website development, website hosting, management and evaluation, and data processing, exchange, and cross-referencing
- Payment processing services, fraud protection, and credit risk reduction
- Legal, accounting, audit and other professional service providers
In addition, by submitting your personal information on our Site, you are hereby granting permission and making an “inquiry” to us, our affiliated entities, third party marketing partners/vendors to be contacted. You are also consenting to receive telephone calls for a limited period from our affiliates, and partners/vendors, even if the telephone number you submitted appears on any state and/or federal Do Not Call list, because your inquiry serves as an exception to state and/or federal Do Not Call requirements.
We reserve the right to disclose your personal information as required by law such as to comply with a subpoena or similar legal process; when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; if our company is involved in a merger, acquisition, or sale of all or a portion of its assets.
How You Manage Your Personal Information
You may use the Site without providing any personal identifiable information. If you have created an account on the Site and decide to delete it, you may do so by emailing [email protected].
If you do not wish to receive marketing information from us, you may follow the unsubscribe instructions included in the emails you receive or contact [email protected]. Blue and Yellow will continue to send you non-promotional, service emails in regards to your account, such as: order issues, billing and payment information, and other emails relating to your account, orders and/or your use of the Site.
At your request, Blue and Yellow will confirm what personal identifiable information we collect or store about you. You may correct, update and/or remove such information. You may also request that we stop using or sharing your personal identifiable information. You may contact Blue and Yellow for any of the foregoing by emailing [email protected].
Blue and Yellow may retain records of your personal identifiable information for a period of time. This is to allow us to follow-up on a request pertaining to your order history, resolve a dispute or for similar reasons or in order to comply with applicable federal, state, or local law. In addition, some personal information may also continue to be stored on backup files for financial, legal, or technical reasons.
How We Protect Your Personal Information
The security of your personally identifiable information is important to us and we are committed to handling such information carefully. We encrypt your personally identifiable information when it is sent over the Internet. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personally identifiable information, we cannot guarantee its absolute security.
Disclaimer of Warranties
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, (A) THE SITE IS PROVIDED “AS-IS” AND “WITH ALL FAULTS,” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUE AND YELLOW, INCLUDING ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUBCONTRACTORS, DISTRIBUTORS, SERVICES PARTNERS, AGENTS AND MARKETING PARTNERS) AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS (COLLECTIVELY, THE “BLUE AND YELLOW PARTIES”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE, OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND ACCURACY AND NON-INTERFERENCE; (B) NEITHER BLUE AND YELLOW NOR ANY BLUE AND YELLOW PARTY WARRANTS THAT (i) THE SITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS, (ii) THE SITE WILL MEET YOUR REQUIREMENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED; (C) YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH ERRORS OR VIRUSES ARE THE DIRECT RESULT OF BLUE AND YELLOW’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (D) BLUE AND YELLOW AND THE BLUE AND YELLOW PARTIES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE FORMS, DATA, REPORTS, RESULTS OR OTHER INFORMATION OBTAINED, GENERATED OR OTHERWISE RECEIVED BY YOU FROM ACCESSING AND/OR USING THE SITE OR OTHERWISE RELATING TO THIS AGREEMENT, AND (E) USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK AND NEITHER BLUE AND YELLOW NOR ANY OF THE BLUE AND YELLOW PARTIES SHALL HAVE ANY LIABILITY OR RESPONSIBILITY THEREFORE.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL BLUE AND YELLOW BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST TIME OR GOOD WILL, EVEN IF BLUE AND YELLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. BLUE AND YELLOW SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Site. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
Representations and Warranties
By using the Site, you represent and warrant that (a) you understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract; (b) you will use the Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions of this Agreement; (c) you are authorized to sign for and bind any entity for whom you are acting a representative or other agent; (d) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from Blue and Yellow for any purpose.
You agree to indemnify, defend and hold harmless Blue and Yellow and the Blue and Yellow Parties from and against any and all claims and expenses, including reasonable attorneys’ fee, arising out of or related in any way to your use of the Site, violation of this Agreement, violation of any law or regulation or violation of any proprietary or privacy right.
Intellectual Property Ownership
All right, title and interest in the Site, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Blue and Yellow or its licensors, and you shall have no rights whatsoever in any of the foregoing. Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Site, in whole or in part. All content and materials included as part of the Site, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the "Works") are the property of Blue and Yellow or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and Blue and Yellow owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to this Agreement may cause Blue and Yellow and its licensors irreparable injury, which may not be remedied at law, and you agree that Blue and Yellow and its licensors' remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.
The BLUE AND YELLOW name and other related names, design marks, product names, feature names and related logos are trademarks of Blue and Yellow and may not be used, copied or imitated, in whole or in part, without the express prior written permission of Blue and Yellow. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of Blue and Yellow and may not be copied imitated or used, in whole or in part, without the express prior written permission of Blue and Yellow.
Where use of the Site is contingent on you and your users accessing an "account" and/or inserting a "user-identification" and/or "password,” you agree that you will be solely responsible for the user-ids and passwords that are provided to you (as such passwords may be changed from time to time in accordance with features of the Site) to log-in. You and your users shall keep any correspondence you receive relating to or through the use of the Site (including, but not limited to, your user-id, passwords, and other registration or sign-in information) confidential and in a safe place and not disclose it to any third party. You will be responsible and liable for all communications and actions that take place through the use of your user-ids, including without limitation, any actions that occur without your authorization. Accordingly, it is your responsibility to take appropriate actions immediately if any password has been stolen, leaked, compromised or otherwise used without proper consent.
Use by Children
The Site is intended for use by individuals 13 years of age or older. Users under the age of 13 should get the assistance of a parent or guardian.
You may pay for your orders with PayPal or major credit cards issued in the United States of America. Currently, we accept Visa®, MasterCard®, American Express® and Discover® Card.
This Agreement shall be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction or the United Nations Convention on the International Sale of Goods, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Site, with the exception of claims for injunctive relief, shall be resolved in arbitration administered by the American Arbitration Association and located in San Francisco, California. You may not under any circumstances commence or maintain against Blue and Yellow any class action, class arbitration, or other representative action or proceeding. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Blue and Yellow may be commenced only in the federal or state courts located in the City and County of San Francisco, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provisions shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provisions, with all other provisions remaining in full force and effect.
It may be necessary for Blue and Yellow to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Site or result in a partial or complete outage of the Site. Blue and Yellow provides no assurance that you will receive advance notification of such activities or that the Site will be uninterrupted or error-free. Any degradation or interruption in the Site shall not give rise to a refund or credit of any fees paid by you.
No joint venture, partnership, employment, or agency relationship exists between you and Blue and Yellow as a result of this agreement or use of the Site. The failure of Blue and Yellow to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Blue and Yellow in writing.
Neither party shall be liable to the other party for any failure to perform any of its obligations (except payment obligations) under this Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control including, but not limited to, fire, flood, war, embargo, strike, riot or the intervention of any governmental authority.
If you have not entered into another agreement with Blue and Yellow regarding the subject matter contained herein, then this Agreement comprises the entire agreement between you and Blue and Yellow and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding such subject matter. However, if you and Blue and Yellow have entered into another agreement regarding the subject matter set forth herein that is a written and signed agreement between you and Blue and Yellow, then this Agreement should be read and interpreted in conjunction with such agreement and, in the event of a conflict between this Agreement and a written, signed agreement between the parties, the written, signed agreement shall govern and control.
On September 27, 2013, California enacted A.B. 370 amending the California Online Privacy Protection Act to require websites like us to disclose how we respond to "Do Not Track Signals" and whether third parties collect personally identifiable information about users when they visit our site. We may track users over time and across third-party websites to provide targeted advertising. In addition, some third-party sites also track your browsing activities when they serve you content, which enables them to tailor what they present to you. If you visit such sites, you set the Do Not Track Signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked. California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected]. Please note that we are only required to respond to one request per customer each year.
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