Revised as of 04-2023
The Site is offered and available to users who are 13 years of age or older. By using this Site, you represent and warrant that you are at least 13 years of age and otherwise legally permitted to use the Site. If you do not meet these requirements, you must not access or use the Site.
From time to time, we may update the Site and these Terms in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your use of the Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.
2. Site Content
The Site and its entire content, features and functionality (including, but not limited to, certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, software, names, designs, displays, video and audio, logos, product and program names, slogans, and the compilation, design, selection and arrangement of the foregoing (“Site Content”) is the property of the Company, its licensors and other providers of such material and is protected in the U.S. and internationally under trademark, copyright, patent, trade secret or other intellectual property or proprietary laws.
You agree not to download, display or use any Site Content in connection with products or services that are not those of the Company, in any other manner that is likely to cause confusion among consumers, that dilutes the strength of the Company’s, its licensors’ or its other providers’ property, or that otherwise infringes the Company’s, its licensors’ or its other providers’ intellectual property rights. You further agree to in no other way misuse any Site Content or third-party content that appears on the Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of any materials you have made. No right, title or interest in or to the Site or any Site Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact us at firstname.lastname@example.org.
Accessing the Site may require, without limitation, a stable internet connection and modern internet browser.
You may provide Company with suggestions, enhancement requests, recommendations, corrections, or other feedback (collectively, “Feedback”). You grant to Company and its affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into its Site the Feedback.
Company reserves the right, in its sole discretion, to update, modify, or remove the features, functionality, or other aspects of the Site at any time.
3. Account Registration
We reserve the right to withdraw or amend the Site, and any Site Content or other service or material we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
You are responsible for maintaining the confidentiality of your username, password or any other piece of information provided through use of or access to the Site and for restricting access to and disclosure of such information. You also acknowledge that your account is personal to you and agree to not provide any other person with access to the Site or portions of it using your username, password or other security information. You agree to accept responsibility for all activities that occur under your account, including, without limitation, unauthorized usage of your account. You agree to notify us immediately of any actual, threatened, or suspected unauthorized access to or use of your username, password, or account or any other breach of security.
4. Use of the Site
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site or any feature thereon: (a) for any purpose that is unlawful, tortious, intrusive on another’s privacy, harassing, exploiting, libelous, defamatory, obscene, or threatening; (b) to upload, post, reproduce, or distribute any content, information, software, or other material that infringes on the intellectual property rights or other rights of any third party; (c) for any commercial purpose not expressly approved by the Company in writing; (d) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries; (e) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined solely and exclusively by us, may harm the Company or users of the Site, or expose them to liability; (g) in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site; (h) to introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (i) to attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; (j) to attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or (k) to otherwise attempt to interfere with the proper working of the Site.
We have the right to disable any account, username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone on the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
5. User Contributions
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, comment sections, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Site.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license detailed above.
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.
6. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that such User Contributions emanate from or are endorsed by us or any other person or entity, if this is not the case.
We cannot review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, User Contributions, or any other content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
7. Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, including the User Contributions. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
8. Pricing and Product Purchases
Any customer may be required to satisfy a minimum order amount prior to such customer’s order being eligible for shipping (“Order Minimum”). A shipping charge may apply.
With respect to items sold on the Site, the Company cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items on our Site or in our catalog may be mispriced. Following a transaction, if the correct price of an item sold by the Company is higher than our stated price, the Company may, at its discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Following a transaction, if the correct price of an item sold by the Company is lower than our stated price or if you were mistakenly overcharged, you may be eligible for a partial refund. Customers who may be eligible for a refund should contact Customer Service at email@example.com. Photos are exemplary of products advertised.
All prices on our Site are shown in U.S. dollars and, unless expressly stated, all applicable Taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice, including without limitation, as based on geographic or other criteria as we may establish from time to time.
Company retains the right to utilize third-parties in fulfilling any aspect of any transaction, including payment processing, confirming the transaction, providing the product, shipping the product, fulfilling an order, or performing any other aspect of the transaction. For example, upon submitting an order to us, Customer may receive an email from a third-party with an invitation to review their order.
You acknowledge that certain products may be subject to certain laws, regulations, or other binding rules that may limit the availability of certain products or your ability to purchase certain products. Company makes no representation that all listed products are available to be purchased by any customer.
All of our products are subject to availability, and we reserve the right to impose quantity limits on any transaction, to reject all or part of a transaction, and to discontinue offering certain products without prior notice. We attempt to be as accurate as possible. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). The Company does not warrant that product descriptions or other content of any service or product is accurate, complete, reliable, current, or error-free.
You are not permitted to resell or otherwise use our products for commercial purposes.
9. Customer Representations and Warranties
In the event that you purchase any product from the Site, you represent and warrant that: (a) you have the power and authority to enter into and perform its obligations under these Terms; (b) you will comply with all applicable laws in connection with your use of the goods purchased; and (c) you shall be solely responsible for all damages, claims, losses and expenses arising as a result of your use of the products. You acknowledge that the goods serve as temporary marking devices with a short and limited lifespan, depending on use, weather and other environmental factors. You agree to examine the goods upon delivery to ensure they are acceptable and in good condition, and only use the goods in a reasonable manner.
10. SHIPPING TERMS
You are responsible for inspecting all products you receive from the Company for any damage or other issues upon delivery. In the case that you receive a damaged or incorrect product, you may be entitled to a partial or full refund or a product exchange if you submit a claim of such damaged or incorrect product within seven (7) days following receipt of the product. You may submit such a claim by contacting Customer Service: firstname.lastname@example.org. We reserve the exclusive right to determine whether any refund or exchange is to be issued.
You are solely responsible for the proper and safe handling, storage, and use of the products following delivery. Please read all product labels and warnings immediately upon receipt of any product. Failure to follow proper and safe practices, product labels, warnings, and recommendations may increase the risk of injury or other harm.
Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In some cases, delivery may occur prior to the scheduled delivery date. All scheduled delivery dates are merely estimates and not guarantees. Company shall not be liable for any damages, loss, or other harm resulting from an order arriving after the scheduled delivery date. The risk of loss and title to purchased goods passes to you upon shipment.
If you have any questions, concerns, or are unsatisfied with any aspect of your order, please contact us.
11. Intellectual Property
- 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.
- You may print or download one copy of a reasonable number of pages of the Site 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.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you wish to make any use of material on the Site other than that set out in this section, please address your request to: email@example.com.
12. Monitoring and Enforcement
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
You agree to indemnify, defend and hold the Company, its affiliates, parents, subsidiaries, suppliers, contractors, licensees and service providers and each of its and their officers, employees, directors, licensors, agents, representatives, successors and assigns harmless from any claims, damages, liabilities, losses, judgments, awards, costs and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to your violation of these Terms, your use of the Site, including any use of the Site content and User Contributions, services and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
14. Disclaimer of Warranties
The Company does not endorse, verify, evaluate or guarantee any information provided by users, including User Contributions. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by the Company without the prior review and written approval of the Company.
THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT ANY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY OR THE SITE, THE COMPANY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY 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 THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
15. Disclaimer of Product Warranties
BLACKBURN DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY AND PROPERNESS. BLACKBURN IS NOT RESPONSIBLE FOR ANY FAILURES, DEFICIENCIES OR OTHER DAMAGE RESULTING FROM THE GOODS SOLD HEREUNDER, UNLESS IT IS CAUSED BY BLACKBURN’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
ANY CLAIM OR CAUSE OF ACTION ARISING FROM OR OTHERWISE RELATED TO THE GOODS REFERENCED IN THIS INVOICE MUST BE COMMENCED WITHIN ONE (1) YEAR FROM THE TIME IT FIRST ACCRUED, OR WILL BE FOREVER BARRED.
NOTWITHSTANDING ANY TERM HEREIN TO THE CONTRARY, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL BLACKBURN BE LIABLE TO THE CUSTOMER FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE GOODS SOLD HEREUNDER, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, EVEN IF BLACKBURN IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. THE REPAIR OR REPLACEMENT OR REFUND, ALL AT BLACKBURN’S OPTION AND ELECTION, SHALL SERVE AS CUSTOMER’S EXCLUSIVE REMEDY. WITHOUT EXCEPTION, BLACKBURN’S AGGREGATE LIABILITY TO THE CUSTOMER SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER TO BLACKBURN UNDER THIS INVOICE, REGARDLESS OF THE FORM OF THE ACTION AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED IN CONTRACT, STATUTE, TORT, OR OTHERWISE.
EACH PROVISION THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY, OR EXCLUSION OF DAMAGES IS PROVIDED TO ALLOCATE THE RISKS BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY BLACKBURN AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS AND EACH OF THESE PROVISIONS WILL APPLY EVEN IF THE REMEDIES HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
16. Limitations on Liability
TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE OR THE SITE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, NOR SHALL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THE COMPANY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL THE COMPANY OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
17. Third Party Websites
The Site may hyperlink to sites not maintained by or related to the Company. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with the Site or the Company, and the Company makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from the Site is subject to the terms of that site’s policies, and the Company has no control over how your information is collected, used, or otherwise handled. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
18. Payment and billing information
Amounts due not paid by the due date on an Invoice shall bear interest at the rate of one and one-third percent (1.33%) per month or the highest permissible rate under applicable law, whichever is less, until paid in full. There is a minimum finance charge of Zero and 50/100 Dollars ($0.50) per month.
Orders that are cancelled by you may be subject to a cancellation fee. Customer is responsible for the payment of the Invoice and this responsibility shall not be released due to any Customer action, including, without limitation, rejecting an order, refusing to accept shipment, placing a “stop payment” on a check, changing the nature of an order, or otherwise.
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (each, a “Transaction”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Transaction may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Transaction. If you want to change or update your payment method information, you can do so at any time by logging into your account. You agree to be responsible for all charges resulting from the use of your account, including charges resulting from unauthorized use of your account prior to your notification of such unauthorized use to the Company.
The Company will collect applicable sales, use and other tax (collectively, “Tax“) on goods and services for which we determine we have a duty to collect Tax. If a good or service is subject to Tax, you agree that the amount of Tax shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in applicable Tax rates.
19. Our communications to you
The Company may send electronic mail or otherwise contact you for the purpose of advising you about our products or services, including changes or additions to our products or services, or for such other purpose(s) as the Company deems appropriate. Upon the receipt of these communications, you will have the option to opt-out or unsubscribe from future electronic mail notifications. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
At Company’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Nebraska law.
Nothing hereunder shall be construed to give either Customer or Blackburn the power to act as an agent of the other.
These Terms are governed by the laws of the state of Nebraska, in the United States of America, and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms shall be governed by, and construed in accordance with, the laws of Nebraska, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth herein and/or for entering any judgment on an arbitration award, shall take place in Antelope County in the State of Nebraska. By using the Site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Nebraska. These Terms operate to the fullest extent permissible by law.
EACH PARTY HEREBY WAIVES ITS RIGHT TO A JURY TRIAL FOR ALL CLAIMS, INCLUDING COUNTERCLAIMS AND TORT CLAIMS, WHICH RELATE TO THE SUBJECT MATTER OF THIS INVOICE.
All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: firstname.lastname@example.org or 1-800-942-5816.
Mobile Terms of Service
BLACKBURN MFG. CO.
Last updated: Oct. 19, 2023
The BLACKBURN MFG. CO. mobile message service (the “Service”) is operated by BLACKBURN MFG. CO. (“BLACKBURN MFG. CO.”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to BLACKBURN MFG. CO.’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of BLACKBURN MFG. CO. through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with BLACKBURN MFG. CO. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to BLACKBURN or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other BLACKBURN MFG. CO. mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to BLACKBURN or email email@example.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.