Terms & Conditions
Terms and Conditions of use
Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
OWNERSHIP AND COPYRIGHT
This BlueNyleDirect.com web site is owned and operated by BlueNyleDirect. Unless otherwise noted, all design and content included on this web site, including but not limiting text, graphics, logos, and software is the property of BlueNyleDirect (or is used under license to BlueNyleDirect) and is protected by United States and international copyright laws.
You must not misuse this Website. Without limiting the breadth of the foregoing, you will not: commit, facilitate or encourage a criminal offence; transmit or distribute a virus, Trojan horse, worm, logic bomb, or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of BlueNyleDirect or its partners involved in the operation and maintenance of this Website. You shall not directly or indirectly take any action to unduly stress the Website, including by way of example and not limitation, incurring session lengths or conducting search queries that we reasonably determine to be abusive, launching or facilitating any denial of service attack on the Website, or using any scraper, robot, spider, or other automated mechanism to access the Website or download content. We reserve the right to monitor your use of the Website to provide guidance and assistance in the use of the Website, and to monitor your conformance with these Terms of Service. You acknowledge and hereby consent to such monitoring. BlueNyleDirect will report any such breach to the relevant law enforcement authorities and may disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
BlueNyleDirect, BlueNyleDirect.com, SAVINGS BY THE FOOT, STAY A STEP AHEAD and other marks indicated on BlueNyleDirect web site(s) are trademarks and/or service marks of BlueNyleDirect. Other graphics, logos, headers, icons, scripts and service names are also trademarks. BlueNyleDirect''s trademarks, service marks and trade dress may not be used in connection with any product or service that is not BlueNyleDirect''s, in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits BlueNyleDirect. All other trademarks related to the products sold on this web site are the sole property of their respective owners.
If you access or use any BlueNyleDirect web site, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to be responsible for all activities that occur under your account or password. BlueNyleDirect does sell products for children, but only sells them to adults who can purchase with a credit card. If you are under 18 years old, you may use BlueNyleDirect.com only with the involvement of a parent or guardian. BlueNyleDirect reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion.
BlueNyleDirect makes all reasonable efforts to display the products listed for sale on its web site(s) as accurately as possible. However, the colors we use, as well as the display and color capabilities of your computer monitor, will affect the colors that you actually see on your screen. BlueNyleDirect cannot guarantee that your monitor's display of any product color, texture or detail will be accurate. In addition, BlueNyleDirect does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. If a product offered by BlueNyleDirect is not as described, your sole remedy is to return it in unused condition.
BlueNyleDirect''s web site(s) contain links to web sites that are not maintained by BlueNyleDirect. We try to include links to only those web sites that are in good taste and safe for our visitors, but we are not responsible for the content or accuracy of any web sites other than our own and cannot guarantee that such web sites will not change without our knowledge. The inclusion of a link in this web site does not imply BlueNyleDirect''s endorsement of the web site. If you decide to use any links to access other web sites, you do so at your own risk.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, BlueNyleDirect and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or other laws or regulations and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or other state laws and regulations.
You agree to indemnify, defend and hold harmless BlueNyleDirect, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
BlueNyleDirect shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know in writing via e-mail correspondence if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
GOVERNING LAW AND JURISDICTION
These terms and conditions are to be construed in accordance with the laws of the State of Michigan, United States, and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of Michigan courts without regard to conflict of laws principles.