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READ CAREFULLY. This Terms of Use Agreement ("Terms of Use") applies to your use of the Blue Chip Solution website located at http://www.bluechipsolution.com (the "Site"). The Site is the property of Blue Chip Solutions, LLC. ("Blue Chip").
Blue Chip reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all purchases by you will be subject to the terms and conditions of this Terms of Use. As long as you comply with this Terms of Use and any such modifications, Blue Chip grants you ("End User") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.
1. Content; Copyright and Trademark Notice. All content on the Site is owned or licensed by or to Blue Chip. Except as expressly provided in this Terms of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Blue Chip's prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Blue Chip reserves all rights not expressly granted hereunder. Blue Chip expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
BLUE CHIP SOLUTION is a trademark or service mark of Blue Chip. All custom graphics, icons, logos and service names are trademarks or service marks of Blue Chip. All other trademarks or service marks are property of their respective owners. The use of any Blue Chip trademark or service mark without Blue Chip's express written consent is strictly prohibited.
2. Registration; Customer Accounts; Use of Site. Certain services offered on or through the Site require you to first open an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify Blue Chip immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Blue Chip or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
You also agree that Blue Chip may, in its sole discretion and without prior notice to you, terminate your access to the Site and your account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms of Use, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that Blue Chip will not be liable to you or to any third party for termination of your access to the Site.
3. Consent To Collection, Use & Disclosure of Your Personal Information. As more fully described in our Privacy Policy, (click here to view), you must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.
While Blue Chip takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL BLUE CHIP OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER BLUE CHIP WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
4. Consent To Our Communication With You By E-Mail. By establishing an account with us, and each time you make a purchase through our Site, you grant permission for Blue Chip to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us or follow the opt-out procedures set forth in such marketing emails.
5. Conditions of Sale and Payment Terms. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States"). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.
6. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by credit card. Unless expressly set forth on the Blue Chip site, we do not accept any other payment form. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT BLUE CHIP, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Blue Chip of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Blue Chip does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Blue Chip or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Blue Chip shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and any other states or localities that it deems is required.
7. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Blue Chip reserves the right at any time after receipt of your order to accept or decline your order for any reason. Blue Chip further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Blue Chip upon shipment of products or performance of services that you have ordered. Title to goods and all risk of loss passes to you upon delivery to the common carrier. We may require additional verifications or information before accepting any order. Blue Chip is a reseller to end users and does not accept orders from resellers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell.
8. No Responsibility To Sell Mispriced Products Or Services. Blue Chip shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Blue Chip shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Blue Chip shall immediately issue a credit to your credit card account in the amount of the charge.
9. Modifications to Prices or Billing Terms. BLUE CHIP RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
10. Price Comparisons. Blue Chip provides price comparisons on some products as a convenience to its customers but does not warrant or agree that such comparison prices are accurate or timely. You should verify such price comparisons yourself to determine whether or not they are accurate.
11. Service and Support for Goods Sold. All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
12. Indemnification. You agree to indemnify and hold harmless Blue Chip and its parents, sister companies, subsidiaries, affiliates, service providers, other end users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right.
13. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL OF BLUE CHIP'S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR FOURTEEN (14) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, BLUE CHIP EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE BLUE CHIP SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
14. LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL BLUE CHIP OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS, WITH THE DELAY OR INABILITY TO USE THE BLUE CHIP SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BLUE CHIP SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF BLUE CHIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT BLUE CHIP SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO BLUE CHIP BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF BLUE CHIP. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
15. Policy to Terminate Privileges for Copyright Infringement. Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Blue Chip will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to the Blue Chip and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, Blue Chip will terminate the infringing customer's account. Blue Chip may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), Blue Chip has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Blue Chip respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the Blue Chip.com website, please contact "Legal Department", via facsimile at 213.892.1031, or mail at:
Attn: Legal Department, Blue Chip Solutions, LLC
801 South Grand Ave.
Suite 530
Los Angeles, CA 90017
Any written notice describing the infringing activity must include the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
2. A description of the allegedly infringing work or material;
3. A description of where the allegedly infringing material is located on the site;
4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
6. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
16. Returns. All returns must include the following:
1. Original packaging (manufacturer's box, styrofoam, plastic bags, etc.)
2. Original intact UPC barcode. Do not cut out the UPC code (for rebates) until you have examined and tested the product to your satisfaction. Removal of the UPC code voids any possibility of return regardless of RMA or credit request status.
3. Valid Return Merchandise Authorization (RMA).
4. Original packing slip. Do not mail or dispose of the packing slip (for rebates) until you have examined and tested the product to your satisfaction.
5. The return must be complete and include all accessories (transformers, antennas, remote controls, batteries, software disks, etc.)
6. Manufacturer documentation (manuals, warranty cards, registration information, etc.)
7. The RMA number must not be written on the original manufacturer's packaging or box. Please write the RMA number on the label used to return the item or the brown shipping box. Items received with any writing on the original manufacturer's packaging or box will be refused and returned to you at your cost and without credit approval.
Unless otherwise stated below, you have 14 days from the date your product left the warehouse (regardless of when you actually took delivery of the product) to get a valid RMA from our website and get your product to a shipper to return back to us. It does not have to be back in our warehouse within 14 days, but it does have to be in the possession of the shipper (along with the valid RMA). RMAs must be valid, unexpired, and issued for the product being returned. Only one RMA is issued per return. When it expires, you may no longer return your product.
o If you are ineligible for an RMA, contact the manufacturer directly or check any applicable warranty you might have.
o Except as provided for verified defective products, you will be responsible for all shipping charges for returns sent to our Returns Warehouse.
o All products are subject to a 15% restocking fee (except where prohibited by law) if returned opened or in a non-factory sealed box, provided that there is no restocking fee for defective products.
o Upon our acceptance of the merchandise in like new condition in strict conformance with the returns policy, the purchase price will be credited to the credit card used for the original purchase.
o Please allow up to fourteen days from shipment for your return to arrive at our Returns Warehouse, delivery times vary based on shipper selected. Your return will be processed within 5-7 business days (excluding Saturdays, Sundays, and holidays) after receipt of the item.
o Many of the items we sell have Special Return Policies. See the appropriate policy below to see if items you purchase are affected.
o The risk of loss for the product being returned shall be with you at all times during the shipment of such product to the returns center and with respect to any shipments from the returns center back to you, the original distributor or manufacturer, or any buyer through the liquidation process. Title to the product being returned will remain with you at all times and transfer from you to the original distributor, or a third party in the case of a liquidation of the return, only upon receipt of the products by such distributors or buyers.
Defective products: Defective products can only be returned in exchange for the exact same product, or at the sole discretion of Blue Chip, the purchase price will be credited to the credit card used for the original purchase. Defective products may only be returned within 14 days of the date your product left the warehouse (regardless of when you actually took delivery of the product). Once your return is processed, and is verified to meet the basic criteria above and to be defective, your replacement order will be sent to fulfillment. How quickly your replacement product ships after that depends on product availability. For products that we verify to be defective, we will reimburse you for your original shipping expenses, provided that your defective return must be shipped via ground shipment only. If you return your product via a faster, more expensive shipper, you incur the expenses yourself and any request for reimbursement will be denied. Blue Chip in its sole and absolute discretion shall be the sole determiner of whether a product is in fact defective.
Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
17. General. No delay or failure to take action under this Terms of Use shall constitute any waiver by Blue Chip of any provision of this Terms of Use. If any provision of this Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms of Use will continue in full force and effect. This Terms of Use will bind and inure to the benefit of Blue Chip's permitted successors and assigns. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. This Terms of Use shall be governed by the laws of the State of California without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Orange County, in the State of California. This Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms of Use shall be null and void. Blue Chip may freely assign this Terms of Use without consent or notice. This Terms of Use constitutes the complete and exclusive agreement between Blue Chip and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
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