Effective date: January 25, 2016
By accessing or using www.bluebuffalo.com (the “Blue Buffalo Site”), www.bluesbuddies.com (the “Blue’s Buddies Site”), www.petcancerawareness.com (the “Pet Cancer Awareness Site”), www.blueshelterstars.com (the “Blue Shelter Stars Site”), and www.truebluevets.com (the “True Blue Vets Site”) (collectively, the “Sites”), mobile and/or other services offered and/or contained within or through any of the Sites, and any software provided on or in connection with such Sites and/or services (the Sites, mobile services, other services offered and/or contained within or through the Sites, and software provided on or in connection with such Sites and/or services are collectively referred to herein as the “Services”), however accessed, you agree to be bound by these terms of use (“Terms of Use”). The Services are owned or controlled by Blue Buffalo Company, Ltd. (“Blue Buffalo”). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Services.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND BLUE BUFFALO WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS MORE FULLY SET FORTH BELOW.
Basic Terms:
1. You must be at least 18 years old to use the Services.
2. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities via Services.
3. You must not post private or confidential information via the Services, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
4. You may not solicit other users of the Services or otherwise use the Services for unauthorized marketing purposes.
5. You may not use the Services for or in furtherance of any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Services and content appearing therein, including but not limited to, copyright laws.
6. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any users of the Services, or solicit, collect or use the login credentials or other users of the Services.
7. You must not change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or Blue Buffalo.
8. You must not interfere or disrupt the Services or servers or networks connected to the Services, including by transmission of any worms, viruses, spyware, malware or any other harmful program or code of a destructive or disruptive nature.
9. You may not inject content or code or otherwise alter or interfere with the way the Services are rendered or displayed in a user's browser or device.
10. You must not attempt to restrict another user from using or enjoying the Services, and you must not encourage or facilitate violations of any of these Terms of Use or any other terms governing access and/or use of the Services.
11. In the event that you violate the letter or spirit of any of these Terms of Use, or otherwise create risk or possible legal exposure for Blue Buffalo, Blue Buffalo may, in its sole discretion, stop providing all or part of the Services to you, suspend and/or cease any or all licenses and other rights granted to you in these Terms of Use, and/or terminate your member account.
General Conditions:
1. By using the Services, you represent and warrant that: (i) you are at least 18 years of age, (ii) all information you provide to Blue Buffalo via the Services is true, accurate, complete and current, (iii) you have the legal capacity to agree to these Terms of Use, and (iv) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms of Use. You also agree that you will be responsible for obtaining and maintaining all hardware, software, and any and all other equipment or technological needs required for access to and use of the Services, and that you will be responsible for all charges related thereto including, without limitation, all data charges that you incur through use of the Services.
2. Blue Buffalo reserves the right to modify or terminate the Services or the availability of any products offered for sale through the Services, or to refuse any user’s access to the Services, for any reason, without notice, at any time, and without liability to you. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease. In the event that Blue Buffalo denies you access to the Services in any way, the provisions in these Terms governing any copyright and other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive such denial.
3. Blue Buffalo reserves the right, in its sole discretion, to change these Terms of Use (“Updated Terms”) at any time. You agree that your use of the Services after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Services from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
4. While Blue Buffalo does its best to moderate the Services, Blue Buffalo cannot and will be responsible for all content uploaded and/or posted on the Services by users, and users may be exposed to materials deemed inappropriate. By accessing and/or using the Services, you understand and accept that you will be using the Services at your own risk. You are solely responsible for your interaction with other users of the Services and third parties found through the Services, whether online or offline. You agree that Blue Buffalo is not responsible or liable for the conduct of any user. Blue Buffalo reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post content or any personal or other information.
5. The Services may provide users with the opportunity to submit, post, display, transmit, perform, publish, and/or distribute content and materials on or through the Services including, without limitation, data, text, files, information, usernames, images, graphics, photographs, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and/or other content or materials (collectively, "User-Submitted Content"). You are solely responsible for any User-Submitted Content submitted, posted, or displayed on or via the Services by you.
6. While we use all reasonable attempts to ensure the accuracy and completeness of information on the Services, we are not responsible if information on the Services is not accurate or complete. Any reliance upon information, material, or content on the Services shall be at your own risk.
Pet Medical, Health, Fitness and Nutrition Information on the Services:
The Services may include information relating to nutrition and various medical, health and fitness conditions of pets and their treatment. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own veterinarian or other veterinary professional. You should not use or otherwise rely on the information contained in the Services for diagnosing or treating a pet’s health, fitness problem, or disease; you should always consult your own veterinarian and/or veterinary professionals for advice and guidance regarding a pet’s nutrition, heath, fitness and medical needs.
Member Accounts:
1. You may create a member account in connection with certain of the Services by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide compete, current and accurate information about yourself upon registration and at all other times, and that you will update your information as necessary to maintain its truth and accuracy.
2. By registering an account, you acknowledge that paid services, sponsored content, and commercial communications may appear as part of the Services, and may not always be identified as such, and you grant Blue Buffalo permission to use any information, photos, and other User-Submitted Content as Blue Buffalo sees fit in its sole discretion, including, but not limited to, in conjunction with advertisements and promotions. You also agree to receive emails from Blue Buffalo about special offers, new products, and the latest news.
3. You are responsible for keeping your password secret and secure and for restricting access to your account. You agree not to disclose your username or password to any third party.
4. You agree you will not sell, transfer, license or assign your account, followers, profile, username, or any account rights. You agree that you will not create an account for anyone other than yourself, and that you will not use your account in a manner that impersonates another person or entity or otherwise in a manner that does or is intended to mislead, confuse, or deceive others.
5. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You are solely responsible for your conduct and any User-Submitted Content submitted, posted or displayed on or via the Services through your account.
6. You must not use domain names or web URLs in your username without prior written consent from Blue Buffalo.
7. You must not create accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
8. Blue Buffalo reserves the right to force forfeiture of any username for any reason at any time.
Rights:
1. Blue Buffalo does not claim ownership of any User-Submitted Content posted by users of the Services on or through the Services. Instead, you hereby grant to Blue Buffalo a perpetual, irrevocable, non-exclusive, royalty-free and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, sell, create derivative works from, distribute, publicly perform, and publicly display User-Submitted Content that you post on or through the Services throughout the world through any and all media by any means, method, or process, subject to the Services’ Privacy Policy, available at http://bluebuffalo.com/privacy-policy. Do not submit any User-Submitted Content that you do not wish to license to Blue Buffalo under these terms.
2. Upon submission of any User-Submitted Content through the Services, you further grant Blue Buffalo and its sub-licensees the right to use the name submitted when registering the account in connection with which such User-Submitted Content is submitted.
3. The Services contains content owned or licensed by Blue Buffalo (“Blue Buffalo Content”). Blue Buffalo Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Blue Buffalo, Blue Buffalo owns and retains all rights in all Blue Buffalo Content and the Services. The use of Blue Buffalo Content by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms of Use or permitted by express permission provided elsewhere on the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Blue Buffalo Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Blue Buffalo Content or any portion thereof, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- Except as otherwise provided herein, you may print or download one copy of a reasonable number of pages included in the Services for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications
4. The Blue Buffalo name and logo are trademarks of Blue Buffalo, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Blue Buffalo. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Blue Buffalo, and may not be copied, imitated or used, in whole or in part, without prior written permission from Blue Buffalo. Nothing contained in these Terms of Use should be construed as granting any license or right to use any trademark without prior written permission of Blue Buffalo.
5. By your use of the Services, you acknowledge and agree that Blue Buffalo shall own and retain all intellectual property rights in any and all works created through your use of the Services, including but not limited to derivative works of User-Submitted Content. Subject to these Terms of Use and our Privacy Policy (available at http://bluebuffalo.com/privacy-policy), Blue Buffalo grants you a limited, non-exclusive, non-transferable, and revocable license, without right of sub-license, to non-commercial display of such works. Such works, including any and all Blue Buffalo Content appearing on such works, may not be modified or altered. Such works may not be used for any commercial purpose or for any use outside of the Services, including, but not limited to, reproduction, modification, creation of derivative works, distribution, or sale of such works, without the express written authorization of Blue Buffalo. You acknowledge that unauthorized use of such works as described here shall constitute infringement of Blue Buffalo’s valuable intellectual property rights, and may result in liability including but not limited to monetary damages.
6. Please note that, while you retain ownership of your User-Submitted Content, any template or layout in which you arrange or organize such User-Submitted Content through tools and/or features made available through the Service are not proprietary to you, and such template and layout shall be the sole and exclusive property of Blue Buffalo.
7. Although it is Blue Buffalo’s intention for the Services to be available as much as possible, there will be occasions when some or all of the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Blue Buffalo reserves the right to remove any User-Submitted Content from the Services for any reason, without prior notice. User-Submitted Content removed from the Services may continue to be stored by Blue Buffalo, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Blue Buffalo encourages you to maintain your own backup of your User-Submitted Content. In other words, none of the Services are a backup service, and you agree that you will not rely on the Services for purposes of backup or storage. Blue Buffalo will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any User-Submitted Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of User-Submitted Content or other information may not be secure.
8. You agree that Blue Buffalo is not responsible for, and does not endorse, User-Submitted Content posted within the Services. Blue Buffalo does not have any obligation to prescreen, monitor, edit, or remove any User-Submitted Content. If your User-Submitted Content violates these Terms of Use, you may bear legal responsibility for that User-Submitted Content.
9. Except as otherwise described in the Services’ Privacy Policy (available at http://bluebuffalo.com/privacy-policy/), as between you and Blue Buffalo, any User-Submitted Content will be non-confidential and non-proprietary, and Blue Buffalo will not be liable for any use or disclosure of User-Submitted Content. You acknowledge and agree that your relationship with Blue Buffalo is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User-Submitted Content does not place Blue Buffalo in a position that is any different from the position held by members of the general public, including with regard to your User-Submitted Content. No User-Submitted Content will be subject to any obligation of confidence on the part of Blue Buffalo, and Blue Buffalo will not be liable for any use or disclosure of any User-Submitted Content.
10. It is Blue Buffalo’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you agree that Blue Buffalo is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Additional Conditions Applicable to User-Submitted Content:
1. By using the Services to submit, post, display, transmit, perform, publish, and/or distribute any User-Submitted Content, you represent and warrant that: (i) you are at least 18 years of age; (ii) you own the User-Submitted Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (iii) the posting and use of your User-Submitted Content on or through the Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights, and does not otherwise violate these Terms of Use; (iv) you agree to indemnify Blue Buffalo for all claims resulting from any User-Submitted Content that you post on or through the Services, and to pay for all royalties, fees, and any other monies owed by reason of User-Submitted Content you post on or through the Services; and (v) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
2. You may only post pictures of your own pets and pets from whose owners you have obtained express consent.
3. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photographs or other content, or foul, sexually explicit, obscene, hateful, or otherwise inappropriate language via the Services.
4. You may not post content or material that violates any right of a third party, including, but not limited to, copyright, trademark, privacy, property, confidentiality, and publicity rights.
5. You acknowledge and agree that Blue Buffalo has no obligation to pre-screen, monitor, or enforce intellectual property rights with respect to User-Submitted Content, but has the right to protect and enforce its and its licensees’ rights with respect to User-Submitted Content.
6. Blue Buffalo may, but has no obligation to, remove, edit, block, and/or monitor User-Submitted Content or accounts containing User-Submitted Content that Blue Buffalo determines in its sole discretion violates these Terms of Use.
7. You understand and agree that Blue Buffalo cannot and will not be responsible for User-Submitted Content posted on the Services, and that you use the Services at your own risk.
Making Purchases:
1. Blue Buffalo sells products through the Services to adults only, who can purchase products with a credit card or other permitted payment method. If you are under 18 years old, you may not purchase products through the Services without the involvement of a parent or guardian. By submitting an order, you are representing that you are at least 18 years old. If Blue Buffalo discovers or is of the opinion (as to which Blue Buffalo shall have sole discretion) that you are not legally entitled to order certain products, Blue Buffalo shall be entitled to cancel the order immediately, without notice.
2. You may only purchase products through the Services for personal, non-commercial use.
3. If you wish to purchase a product offered for sale through the Services, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy (available at http://bluebuffalo.com/privacy-policy). All information that you provide to us or to our third-party payment processor must be accurate, current, and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any user of you account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any shipping costs and applicable taxes relating to your purchases.
4. All orders for products displayed on the Services are subject to Blue Buffalo’s credit approval. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Blue Buffalo reserves the right any time after receipt of your order to accept or decline the order, even after your receipt of an order confirmation. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product. Blue Buffalo shall not be liable to anyone for withdrawing any products from the Services or for refusing to accept an order.
5. Descriptions, images, references, features, content, specifications, products, price, and availability of any products are subject to change without notice. Blue Buffalo reserves the right to discontinue or change specifications and price of products without prior notice. Descriptions of, or references to, products on the Services do not constitute a warranty by Blue Buffalo. The product images displayed on the Services are for illustration purposes only, and may not exactly reflect the product you receive. Some design revisions, color variations and/or packaging variations may exist. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products on the Service at a particular time does not imply or warrant that these products will be available at any time.
6. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any product purchased through the Services. By placing an order, you represent that the products ordered will be used only in a lawful manner.
7. Blue Buffalo is committed to providing information that is accurate. However, due to human error or otherwise, the Services may occasionally contain pricing, product descriptions, quantities, images, product discontinuation and/or other content that may be incorrect, incomplete, inaccurate, unreliable, not current, and/or not error-free. Although we make every effort to ensure these mistakes do not happen, Blue Buffalo cannot honor incorrect prices, misprints, or typographical errors. Errors in advertised prices are not binding on Blue Buffalo, and may be adjusted by Blue Buffalo at any time. Blue Buffalo shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and you credit card charged.
If a product’s correct price is higher than the listed price, Blue Buffalo shall, in its discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
If the incorrect price is discovered after the product has shipped, you acknowledge and agree that you will either refuse delivery, return the product (at Blue Buffalo’s expense) or you will be charged the price of the product as it should have been for the product(s) in question on the day of the sale and may have restrictions placed on your account. If your credit card has already been charged for the purchase and your order is cancelled, Blue Buffalo shall promptly issue a credit to your credit card account in the amount of the incorrect price.
8. After an order is processed, it will be shipped via the shipping option selected during the checkout process to an address designated by the purchaser in the order. You shall make all arrangements necessary to take delivery of the products whenever they are tendered for delivery.
Blue Buffalo shall use reasonable efforts to meet any date agreed for delivery. Notwithstanding the foregoing, Blue Buffalo shall not be liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
All purchases made through the Services are made pursuant to a shipment contract. As a result, title and risk of loss for any items purchased through the Services pass to you upon our delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
9. When you place an order, we will not charge you until we ship the items ordered. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
10. You may return or exchange a product purchased through the Services in the event that the product is defective, you received the wrong product, or the product received is not as described, provided you notify Blue Buffalo by contact us (via http://bluebuffalo.com/contact) within thirty (30) days of receipt.
For custom products, all sales are final except in the case of production error. When this occurs, your product will be replaced free of charge.
Except for the foregoing, you may not return, cancel, or exchange any product purchased through the Services. Certain jurisdictions may provide additional statutory rights; nothing herein is meant to limit your return or cancellation rights under local law.
Upon submitting a return or exchange request pursuant to this provision, the purchased items shall remain at your risk until returned to Blue Buffalo, and you are required to take reasonable care of the items until that time. If returned items are found to be damaged, you will be liable for the cost of remedying such damages or the replacement cost of the relevant items. Please keep all packing material and documentation in the event that your product has to be returned.
Copyright & Digital Millennium Copyright Act:
1. Blue Buffalo respects the intellectual property rights of others, and expects users of the Services to do the same.
2. Blue Buffalo will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(i) The copyright owner’s name (or company name), your full legal name, your title or job position, your full mailing address, telephone number, and email address
(ii) A description of the copyrighted work or other intellectual property that you claim has been infringed
(iii) A description of where the material that you claim is infringing is located on the site
(iv) 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
(v) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or an authorized person to act on the copyright or intellectual property owner’s behalf
(vi) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
Blue Buffalo’s Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: Legal Department, 11 River Rd., Wilton, CT 06897, [email protected] (mailto:[email protected].com).
3. Blue Buffalo reserves the right to remove User-Submitted Content alleged to be infringing without prior notice and in our sole discretion. In appropriate circumstances, Blue Buffalo will also terminate the account of a user determined, in our sole discretion, to be a repeat infringer.
Links from the Service:
If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
DISCLAIMER OF WARRANTIES:
THE SERVICES, INCLUDING, WITHOUT LIMITATION, BLUE BUFFALO CONTENT, AND ALL PRODUCTS OFFERED THROUGH THE SERVICES, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER BLUE BUFFALO NOR ITS AFFILIATES NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “BLUE BUFFALO PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) THE BLUE BUFFALO CONTENT; (C) USER-SUBMITTED CONTENT; (D) PRODUCTS SOLD OR OFFERED FOR SALE THROUGH THE SERVICES; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO BLUE BUFFALO OR VIA THE SERVICES. IN ADDITION, THE BLUE BUFFALO PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NOTE: APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
THE BLUE BUFFALO PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR PRODUCTS OFFERED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE BLUE BUFFALO PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCTS AND/OR SERVICES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE OF AND RESULTS OBTAINED FROM THE PRODUCTS AND/OR SERVICES.
THE BLUE BUFFALO PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE BLUE BUFFALO PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
THE BLUE BUFFALO PARTIES DO NOT ENDORSE USER-SUBMITTED CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER-SUBMITTED CONTENT.
NO STATEMENT OF THE BLUE BUFFALO PARTIES OR ANY OF THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR OTHER THIRD PARTIES, SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES WILL THE BLUE BUFFALO PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO: (A) THE SERVICES; (B) THE BLUE BUFFALO CONTENT; (C) USER-SUBMITTED CONTENT; (D) ANY PRODUCTS SOLD OR OFFERED FOR SALE THROUGH THE SERVICES; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES OR ANY PRODUCT OFFERED THEREIN; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE BLUE BUFFALO PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICES; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (I) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE BLUE BUFFALO PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICES). IN NO EVENT WILL THE BLUE BUFFALO PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE BLUE BUFFALO PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF BLUE BUFFALO’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE BLUE BUFFALO PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE BLUE BUFFALO PARTIES.
IN NO EVENT SHALL THE BLUE BUFFALO PARTIES’ LIABILITY BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM. NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
BLUE BUFFALO IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Indemnification:
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Blue Buffalo’s request), indemnify and hold the Blue Buffalo Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf and/or through your member account): (i) your access to or use of the Services, including, but not limited to, submission of User-Submitted Content; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Blue Buffalo in the defense of any claim. Blue Buffalo reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Blue Buffalo.
Arbitration:
1. For any dispute you have with Blue Buffalo, you agree to first contact us (via http://bluebuffalo.com/contact) and attempt to resolve the dispute with us informally.
2. For any dispute that cannot be resolved informally, you agree that all disputes between you and Blue Buffalo (whether or not such dispute involves a third party) with regard to your relationship with Blue Buffalo, including, without limitation, disputes related to these Terms of Use, your use of the Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Blue Buffalo hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor Blue Buffalo will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Blue Buffalo is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Blue Buffalo or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Blue Buffalo.
3. Blue Buffalo reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Blue Buffalo.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Blue Buffalo must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue
1. These Terms of Use are governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
2. For any action at law or in equity relating to the arbitration provision of these Terms of Use, you agree to resolve any dispute you have with Blue Buffalo exclusively in a state or federal court located in Connecticut, and to submit to the personal jurisdiction of the courts located in Connecticut for the purpose of litigating all such disputes.
Severability & Waiver
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Blue Buffalo’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
Entire Agreement
If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Blue Buffalo regarding the Service and governs your use of the Services, superseding any prior agreements between you and Blue Buffalo regarding the Services. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Blue Buffalo. Any purported assignment or delegation by you without the appropriate prior written consent of Blue Buffalo will be null and void. Blue Buffalo may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.
Territorial Restrictions
1. The information provided within the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Blue Buffalo to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Blue Buffalo provides.
2. Blue Buffalo does not represent or warrant that the Services or any part thereof or any products offered through the Services is appropriate or available for use in any particular jurisdiction. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.
3. Software related to or made available by the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
Please feel free to contact us if you have any more questions about these Terms of Use at http://bluebuffalo.com/contact.
The effective date of these Terms of Use is January 25, 2016. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.
