Terms of Use

Our Attorney made us put this section in here. No human being has ever managed to read this in its entirety. If you find comfort and pleasure in reading this, maybe our site is not the right place for you to relax.

Welcome/Terms of Use/Legal Notice

Welcome to the Blue Q Website (the "Site"). Blue Q provides this Site as a service to our customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THESE TERMS OF USE APPLY TO ALL VISITORS TO OR USERS OF THE BLUE Q SITE (www.blueq.com). YOUR USE OF THIS WEB SITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE FOLLOWING TERMS OF USE. BY USING THIS SITE YOU ARE AGREEING TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE.

Usage Restrictions on Intellectual Property/Site Contents/Copyright Notice and Use of Website/Ownership of Materials on the Site

Unless otherwise noted, all content on this Site, including text, navigational buttons, images, illustrations, designs, icons, photographs, video clips, software and other materials (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Blue Q Corporation ("Blue Q"). The Site as a whole is protected by copyright and applicable trade dress. All worldwide rights, titles and interests are reserved. "Blue Q" and all other trademarks appearing at this Site are trademarks of Blue Q.

Our Communications to You/Notices

You agree that Blue Q may contact you for the purpose of advising you of changes or additions to this Site, about any of Blue Q's products or services, or for such other purpose(s) as Blue Q deems appropriate by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. mail to your address in your account information.

Product and Pricing Information

All features, specifications, products and prices displayed on this Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Blue Q makes all reasonable efforts to accurately display its products, including the applicable colors; 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. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. The prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States.

Disclaimers of Warranties and Limitation of Liability

THE SITE, ITS CONTENT, AND ANY MERCHANDISE CONTAINED HEREIN ARE PRESENTED "AS IS" AND "AS AVAILABLE," AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLUE Q CORPORATION DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. BLUE Q CORPORATION DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BY YOUR USE OF THE SITE YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT BLUE Q CORPORATION SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLE REMEDY FOR ANY CLAIM FOR DAMAGES ARISING OUT OF OR RELATED TO ANY PRODUCT OR SERVICE LISTED OR PURCHASED ON OR THROUGH THE SITE SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE PAID FOR SUCH PRODUCT OR SERVICE. BLUE Q CORPORATION SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF, THE INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF BLUE Q CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN BLUE Q CORPORATION'S MAXIMUM LIABILITY FOR ANY OF THE FOREGOING TYPES OF DAMAGES SHALL BE LIMITED TO THE AMOUNT THAT BLUE Q CORPORATION RECEIVED FOR THE TRANSACTION THAT GAVE RISE TO THE CLAIM.

Correction of Errors and Inaccuracies

Although we try to provide the most current and accurate information, occasionally, the Site may contain typographical errors, omissions or inaccuracies regarding product description, pricing and/or availability. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If a product is displayed at an incorrect price due to error, Blue Q shall have the right to refuse or cancel any orders for such products whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for such product, Blue Q shall issue a credit to your credit card account in the amount of the incorrect price.

Indemnification

You agree to defend, indemnify, and hold Blue Q harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees and the collection thereof, arising from or related to your use of the Site, your breach of these Terms of Use, and/or any of the foregoing agreements, representations, and warranties.

Applicable Law; Waiver; Severability; Amendment

This Agreement shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of New York, County of Albany, and/or the Northern District of New York. The waiver of any provision of this Agreement shall not be considered a waiver of any other provision or of Blue Q's right to later require strict observance of each of the terms herein. If any provision of this Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable and all other provisions shall remain in full force and effect. This constitutes the entire agreement between us relating to your use of the Site and shall not be modified except in a writing signed by both parties.

Miscellaneous

Unless otherwise specified and except to the extent Blue Q products are offered for sale through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Blue Q's products and services available in the United States and select foreign markets. This Site is controlled and operated by Blue Q from its offices in Pittsfield, Massachusetts.

Termination

These terms and conditions are applicable to you upon your accessing the site. Blue Q may terminate these terms and conditions, or any of them, without notice at any time for any reason, and accordingly deny you access to the Site, if in Blue Q's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Blue Q, you must immediately discontinue use of this Site and promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. You remain personally liable for any orders placed or charges incurred prior to termination. The provisions relating to Copyrights, Trademarks, Disclaimers, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Copyright Agent

If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and that you have authority to make such a statement;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Blue Q's copyright agent for notice of claims of copyright infringement is:

Blue Q Corporation
103 Hawthorne Avenue
Pittsfield, MA 01201

Privacy Policy

We encourage you to read our Privacy Policy, which is incorporated by reference into these Terms of Use. By using the Site, you agree to the Privacy Policy.

User Comments, Feedback and Other Submissions

All comments, opinions, suggestions, feedback, proposals, creative materials, ideas, and other submissions disclosed, submitted or offered to Blue Q on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site (collectively, the "Submissions") shall be and remain Blue Q's property. Such disclosure, submission, or offer of any Submissions shall constitute an assignment to Blue Q of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Submissions. Accordingly, Blue Q will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. Blue Q is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay to the user any compensation for any Submissions; or (3) to respond in any way to any user Submissions.

You agree that no Submissions submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Submissions submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Submissions you submit.]

Linking to this Website

Prior written permission from Blue Q is required to either (a) creating or maintaining a link from another website to any page on this Site or (b) to run or display this Site or any information or material displayed on this Site in frames or through similar means on another website. Any permitted links to this Site must comply will all applicable laws, rule and regulations. Blue Q's trademarks or names may not be used in metatags and/or hidden text under any circumstances. The use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition.

Third Party Links

For the convenience and information of our customers, Blue Q may provide links to other websites that are not under the control of Blue Q. Blue Q does not recommend or endorse any of the products or services displayed on such websites and has no responsibility for the linked websites.

Your Account

For your convenience you may create an account on this Site. To protect your Account, you should choose a unique username and password that is not a name, birthday, street address, or other personal commonly known information associated with you. You area responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your Account or password.

Use of Site

Harassment in any manner or form of the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Blue Q or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization.

Posting In connection with any and all Submitter Content Posted by Submitter to the Website, Submitter warrants and represents that (i) such Submitter either owns all rights title and interest in and to such Submitter Content , or, alternatively, (ii) such Submitter has obtained prior written authorization from the owner(s) of all rights title and interest in and to such Submitter Content. By Posting Submitter Content to the Website, Submitter also warrants and represents that such Submitter Content does and will not infringe or violate any party's proprietary, publicity, privacy, or other rights and that such Submitter Content is and will not be defamatory or libelous. Submitter agrees not to Post to the Website any Submitter Content that:

(a) is fraudulent;

(b) is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment;

(c) interferes with or disrupts the Website, services connected to the Website, or otherwise interferes with operations or services of this Website in any way, including through the use of JavaScript, ActiveX, or other coding;

(d) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person's copyrighted work;

(e) is patently offensive to the Website community, such as Submitter Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(f) constitutes or attempts to offer medical advice or counseling;

(g) harasses or harms, or advocates the harassment or harming of another person;

(h) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

(i) promotes information that is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(j) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

(k) displays pornographic, obscene or sexually explicit material of any kind;

(l) provides material that exploits people in a sexual or violent manner, is exploitative of a minor or solicits personal information from anyone under the age of 18;

(m) provides instructional information about illegal activities;

(n) solicits passwords or personal identification information for commercial or unlawful purposes from other Submitters or visitors to Blue Q's website;

(o) causes us to lose (in whole or part) the services of our ISPs or other suppliers;

(p) links to materials or other content, directly or indirectly, to which such Submitter does not have a right to link;

(q) encourages others to violate this Agreement; or

(r) violates any applicable local, state, national, or international law

In addition, we reserve the right to alter, edit, refuse to Post or remove any Submitter Content, in whole or in part, for any reason or for no reason, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our Submitters, visitors and service providers. Blue Q has no obligation to use or respond to any of submissions of Submitter Content. In the event that you object to any Content appearing on the Website, you may notify Blue Q in writing.

BLUE Q EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND ENDORSEMENT AND MAKES NO REPRESENTATION AS TO THE VALIDITY OF ANY CONTENT POSTED ON THE WEBSITE. BLUE Q EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN ANY SUBMITTER CONTENT, FOR LINKS EMBEDDED THEREIN, OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL BLUE Q BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH SUBMITTER CONTENT. THE OPINIONS EXPRESSED BY SUBMITTER CONTENT ARE SOLELY THE OPINIONS OF THE SUBMITTERS WHO HAVE POSTED SUCH CONTENT, AND DO NOT REFLECT THE OPINIONS OF BLUE Q.

No posted Submitter Content shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on Blue Q's part and Blue Q shall not be liable for any use or disclosure of any such Submitter Content.

In connection with any and all Submitter Content Posted by Submitter to the Website, Submitter warrants and represents that (i) such Submitter either owns all rights title and interest in and to such Submitter Content, or, alternatively, (ii) such Submitter has obtained prior written authorization from the owner(s) of all rights title and interest in and to such Submitter Content. By Posting Submitter Content to the Website, Submitter also warrants and represents that such Submitter Content does and will not infringe or violate any party's proprietary, publicity, privacy, or other rights and that such Submitter Content is and will not be defamatory or libelous.

By Posting Submitter Content to the Website or by otherwise submitting Submitter Content to us, Submitters automatically grant, and represent and warrant that they have the right to grant, to Blue Q a non-exclusive, perpetual, irrevocable, sub-licensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Submitter Content, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Submitter Content (in whole or in part) and/or to incorporate such Submitter Content in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sub-licensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Submitter Content for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. Blue Q shall not be limited in any way in its use, commercial or otherwise, of any Submitter Content appearing on the Website. Submitters hereby waive any moral rights in, or approval rights to, such Submitter Content. Further, we have the explicit right to incorporate any Submitter Content Posted or conveyed by any Submitter to this Website into any further work, in any medium, without prior consent or review, and without payment of any royalty or fee whatsoever .

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