TERMS OF SERVICE
Please read these Terms of Service carefully. By accessing or using the BLUSALT.COM website and any services provided by us, you agree to be bound by the terms and conditions described herein and all terms incorporated by reference. If you do not agree to all of these terms and conditions, do not use the BLUSALT.COM website or any services provided by us.
These terms of service (the “Terms”) apply to your access and use of the BLUSALT.COM website (the “Website”) provided by BLU SALT LLC (“BLU SALT”, “we”, “our”, or “us”) and any feature, content, tools, and services accessible by means of the Website. The Website and such services are collectively referred to as the “Service.”
We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Service, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon the posting of such revisions on the Website or when such revision are made available via the Service, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Service (or any portion thereof) following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should review the Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of Service. If you do not agree to the amended Terms, you must stop using the Service.
If you have any questions regarding the use of the Service, please email us at email@example.com.
We want you to be ecstatic with your BLU SALT purchase, but we also realize that BLU SALT is not for everyone. If you notice that the products are not right for you when you receive your BLU SALT package, please email us at firstname.lastname@example.org with “Returns” in the subject line. We will authorize the return and email you the return address label.
TIME FRAME of RETURNS
You have strictly seven (7) working days from the delivery date to return your product (must be postmarked within these 7 days). We are a boutique, independent design company and employ small-batch production to ensure that waste is minimized. As such, we are not able to carry large quantities of stock so receiving unused goods back in perfect condition and in a timely fashion is crucial to our business.
CONDITION of RETURN PRODUCTS
We can only accept your return if the goods are absolutely unused and in the original condition and packaging. In turn, we would never send out used goods to you. When you purchase from BLU SALT, we guarantee that you will get a brand new product. We appreciate you understanding that if we receive a used product from you (even if it is used for only one day), we will not be able to accept the return due to our strict guidelines.
We are not able to directly exchange goods, so if you decide you would like a different product you will need to return your order and place a new one.
REFUND of PURCHASE
Once the goods are returned to us in the original and unused condition, we will perform a quality check and process a refund for the goods. Depending on the original payment, it may take a few weeks to see the refund on your account.
If you send back used goods they will be sent back to you at your expense. If goods are received damaged we will not be able to give you a refund, but we will contact you with pictures of the damage so you can claim a refund from your shipping company. Shipping costs and import fees are not refundable. Please note that returns from outside the United States that are shipped duty unpaid will be refused until any associated fees are paid by the sender.
WARRANTY of PRODUCTS
We build products to exacting quality standards, but in the unlikely event that you face an unexpected manufacturing defect within six (6) months of purchase, please contact us immediately (email@example.com) so that we can determine what happened and help find a solution.
We reserve the right to change the provisions of this Policy at any time. We will alert you that changes have been made by indicating on this Policy the date it was last updated. We encourage you to review this Policy from time-to-time to make sure that you understand how any personally identifiable information you provide to us or collected about you will be used.
As used in this Policy, the term “personally identifiable information” means information that specifically identifies an individual (such as a name, user name or email address), or information about that individual that is directly linked to information that specifically identifies an individual. Personally identifiable information does not include “aggregate” information, which is data we collect about the use of the Service or about a group or category of services or users, from which individual identities or other personally identifiable information has been removed. This Policy in no way restricts or limits our collection and use of aggregate information.
INFORMATION WE MAY COLLECT
We may collect information from you in various ways when you use the Service. We may collect information: (i) that is provided to us (such as your name, email address, telephone number, postal address, date of birth, credit card number, or similar information); (ii) to which you provide us access; (iii) about you that is publicly available; and (iv) received by us about you from third-party sources. You can choose not to provide certain personally identifiable information but, if you choose to do so, you might not be able to take advantage of the Service.
When you use the Service, some information may be automatically collected such as your Internet Protocol (IP) address, your operating system, the browser type, and your activity on the Service. We may also automatically collect certain logistical information in server logs, including information about how you use various features of the Service and information about the number, frequency and length of each session.
We may also automatically collect certain information through the use of “cookies.” Cookies are small data files stored on your hard drive at the request of a website. Among other things, cookies help us to improve the Service and your experience. If we link cookies to any personally identifiable information, we will treat this information as personally identifiable information. If you wish to block, erase, or be warned of cookies, please refer to your browser manufacturer to learn about these functions. However, if you choose to remove or reject cookies, this could affect certain features or services made available via the Service.
We may also employ the use of anonymous identifiers, which are random strings of characters that are used for the same purposes as cookies on platforms, including certain mobile devices, where cookie technology is not available.
We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). We may associate your device identifiers or phone number with your BLU SALT account.
OUR USE OF THE PERSONALLY IDENTIFIABLE INFORMATION
We use personally identifiable information collected through the Service for the purposes described in this Policy or elsewhere on the Service. For example, we may use personally identifiable information we collect:
- to process and complete any transactions in connection with the Service;
- to request feedback and to otherwise contact you about your use of the Service;
- to respond to your emails, questions, comments, requests and complaints, and to provide customer service;
- to monitor and analyze Service usage and trends;
- to personalize and improve the Service, and our users’ experiences with the Service, and to increase the Service’s functionality and user friendliness;
- to notify you about important changes to the Service; and
- for any other purpose for which the information was collected.
SHARING PERSONALLY IDENTIFIABLE INFORMATION WITH THIRD-PARTIES
We will not knowingly share the personally identifiable information we collect from you through the Service with third-parties, except as described in this Policy or on the Service. We may share personally identifiable information as follows:
- with vendors, consultants, and other service providers (“Service Providers”) who are engaged by or working with us in connection with the operation of the Service and who need access to such information to carry out their work for us;
- when you give us your consent to do so, including if we notify you on the Service that the information you provide will be shared in a particular manner and you provide such information;
- in an aggregated form that does not directly identify you;
- when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or to respond to lawful requests or legal authorities including, but not limited to, responding to lawful subpoenas, warrants, or court orders;
- when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to protect the rights, property, or safety of BLU SALT, our users, our employees, copyright owners, third-parties or the public including, but not limited to, protecting BLU SALT or our users from fraudulent, abusive, inappropriate, or unlawful use of the Service;
- to enforce or apply this Policy, the Terms, or our other polices or agreements; and
- in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where personally identifiable information may be disclosed or transferred as one of the business assets of BLU SALT.
You understand that when you use the Service, information you provide via the Service, information you grant access to by using the Service, as well as any information you share with individuals through the Service, will be available to other users and in some cases may be publicly available (with the exception of personally identifiable information, which shall not become publicly available, unless such personally identifiable information is shared by you as part of a review, photo submission or other similar method).
We are not responsible for the actions of Service Providers or other third-parties, nor are we responsible for any additional information you provide directly to any other users or third-parties, and we encourage you to become familiar with third-party privacy practices before disclosing information directly to any such third-parties. Nothing herein restricts the sharing of aggregated information, which may be shared with third-parties without your consent.
LINKS TO OTHER WEBSITES
HOW WE PROTECT YOUR INFORMATION
We take reasonable measures to protect your personally identifiable information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can guarantee against any interception or any other type of misuse. To assist with the protection of personally identifiable information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Service by any person using your password. Please advise us immediately if you believe your password has been misused.
“OPT OUT” OPTION
You may “opt out” of receive marketing or promotional emails from us by following the instructions in those emails. You may also opt out of such marketing emails by following the instructions within such emails or emailing us at firstname.lastname@example.org. If you opt out, we may still send you non-promotional emails, such as emails about your account or ongoing business relations.
If you have any questions about this Policy, please contact us at email@example.com.
You agree to: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Service (“Registration Data”); (ii) maintain and promptly update Registration Data, and any other information you provide to BLU SALT, in order to keep it accurate, current and complete, and (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to BLU SALT.
BLU SALT is under no obligation to retain a record of your account or any data or information that you may have stored by means of the account or your use of the Website and Services. You are prohibited from utilizing alter-egos or other disguised identities when utilizing the Service. You are under no obligation to use or continue to use the Service and may cease use of the Service without notice to BLU SALT.
CONSENT to USE of DATA
You agree that BLU SALT may collect and use technical data, personal information and related information in connection with your use of the Service including, but not limited to, contact information and technical information about your device, system, software, and peripherals, that are gathered periodically to facilitate the features and functionality of the Service and of software updates, product support and other services. You also consent to our communicating with you about the Service or in connection with the features, functions and activities contained in the Service.
When you use the Service or send emails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by email or providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any such emails may include marketing and promotional content.
Your use of the Service and your contact, interaction, or dealings with any third-parties arising out of your use of the Service is solely at your own risk. You acknowledge and agree that BLU SALT is not responsible or liable in any manner for any loss, damage or harm of any sort incurred as the result of the Service. BLU SALT is not responsible, and shall not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom.
USER CONTENT and YOUR CONDUCT
The Service may include forums and other interactive areas or services (“Interactive Areas”) in which you or other users can create, post or share content, materials, data, information, text, photos and/or other materials (“User Content”). You are solely responsible for your use of such Interactive Areas and the User Content you share.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following:
- User Content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
- User Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual property right or other right of any party;
- Unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or User Content designed to deceive or trick the user of the Service;
- Private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; and
- Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Service without BLU SALT’s express consent.
- You further agree that you are solely responsible for your conduct while using the Service, and you agree that you will not do any of the following in connection with the Service or the users of the Service:
- Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
- Collect any personally identifiable information about other users (except as specifically authorized by BLU SALT), or intimidate, threaten, stalk, or otherwise harass or cause discomfort to other users of the Service;
- Use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms or any other rules or policies established from time-to-time by BLU SALT;
- Create an account, post any content, or otherwise use the Service if you are not, at least, 18 years of age, or if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended form using the Service;
- Circumvent or manipulate BLU SALT’s billing process, or fees owed to BLU SALT;
- Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to BLU SALT);
- Transfer your BLU SALT account (including feedback) and User Id to another party without our express consent;
- Modify, adapt, hack or emulate the Service;
- Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Service or users of the Service or third-parties; and
- Infringe upon or violate the rights of BLU SALT, its users or any third-party.
BLU SALT takes no responsibility and assumes no liability for any user conduct or for any User Content posted, stored or made available via the Service, nor is BLU SALT liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas and the Service is at your own risk. Enforcement of the user content and conduct rules set forth in the Terms is solely at BLU SALT’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.
BLU SALT may provide third-party content via the Service and may provide links to Web pages and content of third-parties (collectively, the “Third-Party Content”) as a service to those interested in this information. BLU SALT does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content including, but not limited to, its accuracy or completeness. You acknowledge and agree that BLU SALT is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.
ADVERTISEMENTS and PROMOTIONS
BLU SALT may run advertisements and promotions from third-parties via the Service or may otherwise provide information about or links to third-party products or services via the Service. Your business dealings or correspondence with, or participation in promotions of, such third-parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third-party. BLU SALT is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non- BLU SALT advertisers or third-party information accessible via the Service.
BLU SALT is a trademark of BLU SALT LLC in the United States. This mark may not be reproduced or used without BLU SALT’s prior written permission. You may not use any meta-tags or any other “hidden text” utilizing “BLU SALT” or any other name, trademark or product or service name of BLU SALT without our prior written permission. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of BLU SALT and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos made available via the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
The Service contains the valuable proprietary content of BLU SALT and is protected by copyright and other intellectual property laws and treaties. You agree not to use the Service except in its intended manner in accordance with the terms and conditions of the Terms.
TERMINATION or MODIFICATION
BLU SALT reserves the right to change, suspend, remove, discontinue or disable access to the Service at any time without notice. In no event will BLU SALT be liable for the removal of or disabling of access to any portion or feature of the Service.
If you breach any of the terms or conditions of the Terms or BLU SALT discontinues the Service, the Terms will automatically terminate. All of the sections of the Terms will survive any termination of the Terms. BLU SALT and affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in their sole discretion.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
We reserve the right to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information.
You expressly acknowledge and agree that use of the Service is at your sole risk and that the entire risk as to satisfactory quality, performance, safety, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis. BLU SALT disclaims any and all warranties and representations (express or implied, oral or written) with respect to the Terms and the Service whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise.
You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; (ii) your violation of the Terms or your violation of the rights of any third-party; or (iii) any user content.
LIMITATION of LIABILITY
To the extent not prohibited by law, in no event will BLU SALT be liable to you or any third-party for any direct, incidental, special, indirect, consequential, exemplary, or punitive damages whatsoever including, but not limited to, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use of or inability to use the Service, however caused, regardless of the theory of liability (contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory) and even if BLU SALT has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation may not apply to you. In no event will BLU SALT’s total liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Service exceed $100.00 United States Dollars.
If you believe that any material made available via the Service infringes upon any copyright which you own or control, or that any link made available via the Service directs users to material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to receive notification of claimed infringement: Copyright Agent
Full address of Designated Agent to which notification should be sent:
BLU SALT LLC
Attn: Copyright Complaint
2022 University Ave., #48
Berkeley, CA 94704
Email Address of Designated Agent: firstname.lastname@example.org
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorney’s fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
APPLICABLE LAW and VENUE
The Terms and your use of the Service will be governed by and construed in accordance with the laws of the State of Pennsylvania, applicable to agreements made and to be entirely performed within the State of Pennsylvania, without resort to its conflict of law provisions.
Any dispute between you and BLU SALT relating in any way to your use of the Service (“Claim”) will be resolved by binding arbitration before a single arbitrator to be conducted in the county of Allegheny and the State of Pennsylvania; except that, to the extent you have in any manner violated or threatened to violate BLU SALT’s intellectual property rights, BLU SALT may seek injunctive or other appropriate relief in any state or federal court in the State of Pennsylvania, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under the Terms will be conducted under the rules then prevailing of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under the Terms will be joined to an arbitration involving any other party subject to the Terms.
Before resorting to filing a Claim, we strongly encourage you to first contact us directly to seek a resolution. All Claims you bring against BLU SALT must be resolved in accordance with this section. All Claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, BLU SALT may recover attorneys’ fees and costs up to $1000, provided that BLU SALT has notified you in writing of the improperly filed Claim, and you have failed to properly withdraw the Claim.
OUR CORPORATE ADDRESS
BLU SALT LLC
2022 University Ave., #48
Berkeley, CA 94704
Email address: email@example.com