Revision B, 02 Mar 2009
All Sale Items Final - No Returns or Exchanges
Blue Marlin Corp.
Blue Marlin Website Terms of Use
Terms of Use
Welcome to the Blue Marlin Corp website, bluemarlincorp.com (the “Site”).
PLEASE READ THE FOLLOWING TERMS RELATING TO YOUR USE OF THIS SITE CAREFULLY. These terms and conditions govern your use of this Site (the “Agreement”). By using this Site, you are agreeing to comply with and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. You can check if the Agreement has been modified by referring to the revision date and version located at the top of the Agreement. You should review the Agreement whenever you use this Site. If at any time you choose not to accept the Agreement, please do not use this Site.
Site Access
Blue Marlin grants you a non-exclusive, non-transferrable, revocable, limited license to access and make personal use of this Site and not to download (other than caching) or modify this Site, or any portions of this Site, except with the express written consent of Blue Marlin Corp. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Blue Marlin Corp. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Blue Marlin Corp. without express written consent. You may not use any meta tags or any other "hidden text" utilizing Blue Marlin Corp's name or trademarks without the express written consent of Blue Marlin Corp. Any unauthorized use terminates the permission or license granted by Blue Marlin Corp. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of bluemarlincorp.com so long as the link does not portray Blue Marlin Corp., or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Blue Marlin Corp. logo or other proprietary graphic or trademark as part of the link without express written consent from Blue Marlin Corp.
Access to this Site is on a temporary basis and we reserve the right to withdraw or amend the service we provide on this Site, or close it indefinitely, without notice. We will not be liable if for any reason this Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to this Site. You are also responsible for ensuring that all persons who access this Site through your internet connection are aware of this Agreement, and that they comply with them.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Blue Marlin Corp. does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use this Site only with involvement of a parent or guardian. Blue Marlin Corp. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
User Comments, Feedback, and Other Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Blue Marlin Corp., whether online, by email, by postal mail, or otherwise ("Comments") shall be and remain Blue Marlin Corp's property. Your disclosure, submission or offer of any Comments shall constitute an assignment to Blue Marlin Corp. of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments, and Blue Marlin Corp. shall not be limited in any way in its use, commercial or otherwise, of any Comments. Blue Marlin Corp. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Blue Marlin Corp. has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Blue Marlin Corp. or third parties as to the origin of any Comments. You are solely responsible for any Comments you make. Blue Marlin Corp. takes no responsibility and assumes no liability for any Comments posted by you or any third party.
Copyright
This site and all content included on this Site, including but not limited to, text, graphics, images, illustrations, designs, photographs, icons, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Blue Marlin Corp. and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Blue Marlin Corp. and protected by United States and international copyright laws.
Trademarks
BLUE MARLIN, BLUE MARLIN VINTAGE, FIVE STAR, FIVE STAR VINTAGE, BLUE MARLIN FIVE STAR VINTAGE, and other Blue Marlin Corp. graphics, logos, pictures, words, and service names are trademarks, registered trademarks, or trade dress of Blue Marlin Corp. Blue Marlin Corp’s trademarks, registered trademarks, or trade dress may not be used in connection with any product that is not Blue Marlin Corp’s, in any manner that is likely to cause confusion among customers, or in any manner which disparages or discredits Blue Marlin Corp. All other trademarks not owned by Blue Marlin Corp. that appear on this site are the property of their respective owners, who may or not may be affiliated with, connected to, or sponsored by Blue Marlin Corp.
Site Transactions
We reserve the right to refuse any order you place with us at any time. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Product Information
Occasionally there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on this Site is inaccurate at any time without prior notice (including after you have submitted your order).
We have made every effort to display as accurately as possible the colors of our products that appear at the Sites. We cannot guarantee that your computer monitor's display of any color will be accurate.
Risk of Loss
All items purchased from Blue Marlin Corp are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Disclaimer of Warranties and Limitations of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY BLUE MARLIN CORP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BLUE MARLIN CORP. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BLUE MARLIN CORP. DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLUE MARLIN CORP. DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM BLUE MARLIN CORP. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLUE MARLIN COR. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of San Francisco and/or the Northern District of California. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Blue Marlin Corp.'s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of this Site.
Termination
These terms are effective unless and until terminated by either you or Blue Marlin Corp. You may terminate this Agreement at any time. Blue Marlin Corp. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.