Blue Toucan, LLC Website Terms and Conditions
Welcome to the Blue Toucan, LLC Website (“Website”). This website is provided to you by the Blue Toucan, LLC, a South Carolina limited liability company (“Blue Toucan”, “We,” “Us,” “Our”) and is subject to the following terms and conditions for use of this Website. The Terms and Conditions is a contractual agreement between you (“User,” “You,” “Your”) and Us regarding Your use of the Website and the services it provides.
1. SERVICES PROVIDED.
The Website is designed to provide You with access to information about Blue Toucan and to provide you with information concerning Blue Toucan’s merchandise (the "Content”). Content includes, but is not limited to, information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and software, including HTML code.
Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this Website, including data, questions, comments or suggestions ("your Communications") will be treated as non-confidential and nonproprietary. In addition, Blue Toucan is free to use any ideas, concepts, know-how, suggestions, improvements, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.
3. COPYRIGHT, TRADEMARKS, and SERVICE MARKS.
All Content, logos, page headers, custom graphics and icons on the Website are trademarks and/or service marks owned by Blue Toucan. All other trademarks, product names, business names and logos appearing on the Website are the property of their respective owners. Content is protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and Blue Toucan owns a copyright in the selection, coordination, arrangement and enhancement of such Content. Except as permitted by the fair use privilege under United States copyright laws, You may not upload, post, reproduce or distribute in any way the Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content available on our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.
4. USER CONDUCT.
You agree that you will only use this Website for purposes that are lawful. You agree to provide true, accurate, current and complete information where prompted on the Website. You further agree that all information You provide to Us is truthful and is Your information and not that of any other party. You further agree that You are over the age of 18. You agree that You are solely responsible for the information You provide on the Website.
User Conduct On the Site. While using the Site, you may not:
restrict or inhibit any other user from using and enjoying the Website; or
post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Blue Toucan) or engage in spamming or flooding; or
take any action on this Website that imposes an unreasonable or disproportionately large load on the Website's infrastructure; or
post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Website for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Website which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner; or
decipher or attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way related to the Website; or
violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; or
upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Website is copyrighted as a collective work under U.S. copyright laws.
Blue Toucan has no obligation to monitor the Website. However, You acknowledge and agree that Blue Toucan has the right to monitor the Website from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect itself or its customers. Blue Toucan will not intentionally monitor or disclose any private electronic-mail message unless required by law. Blue Toucan reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these terms and conditions.
5. MERCHANDISE, SALES, PURCHASES, AND OTHER WEBSITES.
The Website may contain information concerning merchandise, sales, and purchases. Your correspondence, contracts or business dealings with, or purchase of merchandise, sales, and inventory using the third parties, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings are solely between You and the third party with whom you have contractually agreed upon such services. You agree that We shall neither be responsible nor liable for any loss or damage incurred by You as the result of any such dealings with third parties or as the result of the presence of such advertisers on the Website. We do not endorse nor are We responsible for any actions by a third party that may be listed on the Website.
You agree that this Website provides only links to merchandise, sales, and purchases that may or may not be licensed to sell merchandise in the State of South Carolina. It is your responsibility to verify that any such business is licensed to sell merchandise in South Carolina. We make no representations or warranties regarding such services nor do we endorse or recommend the use of any particular business. You agree that We shall not be liable for any damages or cost of any type arising out of or in any way connected with your use of the Website.
If you breach any of the Terms and Conditions herein, permission to use the Website is immediately revoked and you may not visit, review or view this Website. Further, You acknowledge and agree that Blue Toucan may terminate your password or account or deny you access to all or part of the Website without prior notice if you engage in any conduct or activities that Blue Toucan, in its sole discretion, believes violate any of the terms and conditions, violate the rights of Blue Toucan, or is otherwise inappropriate for continued access.
7. NO WARRANTIES AND DISCLAIMERS.
THE WEBSITE, THE SERVICES AND/OR PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, BLUE TOUCAN MAKES NO WARRANTY THAT THE WEBSITE, THE SERVICES ON THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC HEALTH-RELATED OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BLUE TOUCAN IS NOT LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLUE TOUCAN OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Blue Toucan is taking reasonable and appropriate measures to ensure that any personal information is kept confidential and used internally to Blue Toucan. However, the Internet is an open system and We cannot and do not guarantee that any personal information You have provided to Blue Toucan will not be intercepted by others and/or decrypted.
8. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLUE TOUCAN SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF BLUE TOUCAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS OBTAINED FROM OR THROUGH THE WEBSITE; (C) THE FAILURE TO REALIZE ANY SPECIFIC RESULT FROM USE OF THE WEBSITE; AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES OR PRODUCTS OFFERED ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS.
YOU HEREBY RELEASE BLUE TOUCAN FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF BLUE TOUCAN TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) FIFTY DOLLARS AND 00/100 CENTS ($50.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BLUE TOUCAN. ACCESS TO THE WEBSITE AND/OR THE SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section 8 will survive and apply even if any limited remedy specified in these Terms and Conditions is found to have failed of its essential purpose. The limitations of liability provided in these Terms and Conditions inure to the benefit of Us and Our respective officers, directors, employees, representatives, attorneys, and agents.
9. GOVERNING LAW, JURISDICTION AND WAIVER OF RIGHT TO A JURY TRIAL.
We operate this Website (excluding third-party or advertiser linked websites) from Our offices in the State of South Carolina. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of South Carolina, by accessing this Website, You agree that these Terms and Conditions and Your use of the Website shall be governed in all respect by the internal substantive laws of the State of South Carolina, without regard to conflict of laws provisions and shall not be governed by the United Nations Convention on the International Sale of Goods. You further submit to exclusive jurisdiction and venue in the state and federal courts of Horry County, Myrtle Beach, South Carolina for all disputes, cases and controversies regarding this Website, Your use of this Website, and Your relationship with Us. We make no representation that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where the Content is illegal is prohibited. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which You reside.
In the event any dispute should arise between the Parties relating to these Terms and Conditions which results in a lawsuit, each Party agrees that any such dispute shall be resolved by a single judge, sitting without a jury, for the Parties waive any right to any jury trial for any legal disputes.
You agree to indemnify and hold BLUE TOUCAN, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third-party due to or arising out of: (a) Your use of the Website; (b) Your breach of these Terms and Conditions; and/or (c) Your violation of any rights of another individual and/or entity.
11. GENERAL TERMS.
Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights.
Should any part of these Terms and Conditions be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
These Terms and Conditions is personal between You and Blue Toucan and governs Your use of the Website.
Blue Toucan’s failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.
The parties do not intend that any agency or partnership relationship be created through operation of these Terms and Conditions.
12. CONTACT US.
If you have any questions about these Terms and Conditions or about the practices of Blue Toucan, please feel free to contact us at firstname.lastname@example.org.