Terms and Conditions

Terms of Use

Effective Date: February 4, 2024

READ CAREFULLY. These Terms of Use (“Terms of Use”) are entered into by and between you and BlueAlly (“BlueAlly”, “we”, “us”, or “our”). In these Terms of Use, “you” and “your” refer to: (a) you, the individual accessing the Site; (b) any electronic agent accessing the Site; and (c) the business entity on whose behalf an individual or electronic agent is accessing the Site. These Terms of Use apply to use of our website located at https://www.BlueAlly.com and the content thereon (the “Site”).

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE.

BlueAlly reserves the right, at its sole discretion, to change, add or remove portions of, or terminate these Terms of Use, at any time. It is your responsibility to check these 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 subsequent purchases by you will be subject to the terms and conditions of these Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use.

As long as you comply with this Terms of Use, BlueAlly grants you a personal, non-exclusive, non-transferable, revocable, non-sublicensable, limited right to enter and use the Site.

1. Content. You acknowledge that all media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, “Content”), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to BlueAlly, and you acknowledge that such Content is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. You acknowledge that you acquire no ownership interest in the Site by accessing the Site.
2. Submissions. Any information, data, communications, or material of any type or nature that you submit to or post on the Site by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk and without any expectation of privacy. BlueAlly does not own any Submissions provided via the Site. You are fully responsible for all Submissions, which must comply with these Terms of Use. You hereby agree that by submitting or posting such Submissions, you grant BlueAlly a nonexclusive, unrestricted, irrevocable, worldwide, sublicensable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, display, edit, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any media known or hereinafter developed, such Submissions. You hereby represent and warrant: (a) that you have the full legal right to so use such Submissions; (b) the Submissions are not confidential or proprietary to any third party; and (c) you are not using Submissions in violation of any law, regulation, or contractual restriction. While BlueAlly takes reasonable steps to safeguard and to prevent unauthorized access to your Submissions, 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 Submissions. IN NO EVENT SHALL BLUEALLY 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 SUBMISSIONS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER BLUEALLY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
3. Conditions of Sale and Payment Terms. 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. All deliveries are shipped via FOB destination.

4. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by VISA, MasterCard, American Express or government credit cards (each of which may be removed by BlueAlly in its sole discretion). Net terms are also available for eligible clients and may be paid by check. We also accept wire transfer by request. Unless expressly set forth on this Site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. 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 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 BlueAlly 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 BlueAlly does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by BlueAlly 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. BlueAlly 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.

5. Leasing. We now offer leasing options for purchasing your new product. Qualified clients will have the ability to lease their purchase with convenient and powerful financing options subject to the terms of their lease agreement. Not all clients will qualify for the leasing program. Please contact us to see if you qualify for our leasing program. All leasing options are provided by third party equipment leasing companies, and BlueAlly disclaims any responsibility for such third-party equipment leasing companies.
6. Promotions, Promotional Gifts. Promotional items include any free items/gifts you receive with your order on the Site. Promotional items are only available on certain items, where stated. Promotions may be changed or revoked at any time. Promotional items may be shipped separately from your order via a different carrier and/or different service. Unopened promotional items must be returned if you are returning your order (see return/exchange policy above). Promotional items may not be offered in the case of a quoted discount price or where a cash discount is provided. Unless otherwise stated, all promotional items are only available at the price stated on the Site.

7. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order on the Site, nor does it constitute confirmation of our offer to sell on the Site. BlueAlly reserves the right at any time after receipt of your order to accept or decline your order for any reason. BlueAlly 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 BlueAlly upon shipment of products or performance of services that you have ordered, or upon the completion of the license and delivery of a digital download, as indicated by our servers. Title to goods and all risk of loss passes to you upon delivery to the common carrier.
8. No Responsibility to Sell Mispriced Products or Services. BlueAlly shall have the right to refuse or cancel any orders placed for products and/or services listed on the Site at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. BlueAlly 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, BlueAlly shall issue a credit to your credit card account in the amount of the charge
9. Modifications to Prices or Billing Terms. BLUEALLY RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD VIA THE SITE, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

10. Service and Support for Goods Sold. All requests for technical service and support with any third-party products and services sold or otherwise made available via the Site should be made directly to the manufacturer in accordance with their terms and conditions.
11. Indemnification. You agree to indemnify and hold harmless BlueAlly and its parents, sister companies, subsidiaries, affiliates, service providers, other end users, distributors, licensors, officers, directors and employees from any claim, demand, cost, or expense, including reasonable attorneys’ fees arising out of or related to your access to the Site and your use of the products and services thereon, any Submissions, your violation of these Terms of Use, or your violation of any law, regulation or third-party right. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.
12. Disclaimer of Warranties. EXCEPT AS EXPRESSLY STATED HEREIN, THE SITE AND ANY PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA, AND INFORMATION CONTAINED THEREON ARE PROVIDED “AS IS.” ALL OF BLUEALLY’S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR FOURTEEN (14) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, BLUEALLY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, 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.
13. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BLUEALLY, ITS AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS OF EACH OF THE FOREGOING BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR THE PRODUCTS AND SERVICES THEREON, EVEN IF SUCH PARTIES WERE ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. WITHOUT LIMITING ANY OF THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, IF SUCH PARTIES ARE FOUND LIABLE TO YOU OR ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR THE PRODUCTS AND SERVICES THEREON, SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS SHALL NOT EXCEED USD $100.
14. Linked Websites. For your convenience, certain hyperlinks may be provided on the Site that link to other websites or social media platforms which are not under the control of BlueAlly (the “Linked Websites”). BlueAlly does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. BlueAlly disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of Linked Websites and any purchases of products or services from such Linked Websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against BlueAlly arising from or based upon any use of Linked Websites.

15. Arbitration; Class Action Waiver; Governing Law; Claims Limitation. EXCEPT FOR DISPUTES, CLAIMS, OR CONTROVERSIES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SITE, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND BLUEALLY (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY) WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF A COURT. YOU AND BLUEALLY EACH WAIVE THE RIGHT TO SUE IN COURT AND TO HAVE A JURY TRIAL. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF USE WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

Prior to initiating the arbitration, the initiating party will give written notice to the other party of its claim, and the parties will have sixty (60) days to negotiate and attempt to resolve the dispute, after which time unresolved claims may proceed to arbitration in accordance with this section.

The arbitration will be conducted in North Carolina before one arbitrator. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect. The arbitrator, and not any federal or state court, shall have exclusive authority to resolve any dispute, claim, or controversy arising out of or relating to the interpretation, applicability, arbitrability, enforceability, or formation of these Terms of Use. To the extent that the arbitrator deems reasonable, the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Arbitration proceedings will be conducted in English and in a manner that preserves confidentiality. Unless you and BlueAlly agree otherwise, any decision or award will consist of a written statement stating the disposition of each claim and including a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator’s decision will follow the plain meaning of the relevant documents and will be final and binding and may be entered thereafter by any court of competent jurisdiction. The arbitrator shall not be empowered to award punitive or exemplary damages to any party, except where permitted by statute, and the parties waive any right to recover such damages. Nothing in this section shall prohibit the discovery or exchange of non-privileged information relevant to the dispute, claim, or controversy.

You and BlueAlly will share the costs of arbitration equally with respect to JAMS fees; provided that each party will be solely responsible for its own attorneys’ fees and costs. Notwithstanding the foregoing, if you are an individual consumer, as defined by JAMS, then you will have the right to an in-person arbitration hearing in your hometown area, and BlueAlly will be responsible for 100% of the costs and fees of the arbitration charged by JAMS after you pay a filing fee similar to the fee for filing a lawsuit in court (but each party will be solely responsible for its own attorneys’ fees and costs).

Notwithstanding the foregoing, nothing in these Terms of Use will preclude BlueAlly from seeking any injunctive relief or other provisional remedy in a court of law. You agree to exclusive jurisdiction of the state and federal courts located in North Carolina for such claims, and you expressly consent to personal jurisdiction there and waive any claims that venue is improper for any reason in these courts.

These Terms of Use shall be governed by and construed under the laws of the State of North Carolina, without regard to conflicts of laws, principles, or rules, and regardless of your location. Any dispute, claim, controversy, or other legal action brought by you that arises out of or relates to these Terms of Use or your access to and use of the Site must be commenced within one year after the cause of action arises.

16. Contact Us. We welcome any questions you may have regarding these Terms of Use. Please contact us with your questions by email at contact@blueally.com.