This Agreement is between you and Blue Ribbon Trophy/LaserWerks ( "Blue Ribbon Trophy/LaserWerks" or "we") concerning your use of (including any access to) the websites currently located at www.Blueribbontrophy.com and any other websites that we own and control and which contain a link to this Agreement (together with any materials and services available therein, and successor site(s) thereto, the "Sites"), and the mobile software applications and any other mobile applications that we own and control and which contain a link to this Agreement (together with any materials and services available therein, and successor applications(s) thereto, the "Apps").
This Agreement hereby incorporates by this reference any additional terms and conditions posted by Blue Ribbon Trophy/LaserWerks through the BRT Online Properties, or otherwise made available to you. Your use of the BRT Online Properties is governed by this Agreement regardless of how you access the BRT Online Properties, including through the Internet, through Wireless Access Protocol (commonly referred to as "WAP"), through a mobile network or otherwise.
BY USING THE BRT ONLINE PROPERTIES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. IF YOU ARE USING THE BRT ONLINE PROPERTIES ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, THEN YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT.
1. Changes: We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the BRT Online Properties. Any such changes will become effective on the "Last Updated" date indicated above and those revised terms will not apply to any dispute between you and us arising prior to such date in which the revised Agreement incorporating such changes became effective, or otherwise notified you of such changes.
Your use of the BRT Online Properties following any changes to this Agreement will constitute your acceptance of such changes. The "Last Updated" legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the BRT Online Properties (including access via any third-party links); charge, modify or waive any fees required to use the BRT Online Properties; or offer opportunities to some or all users.
3. Jurisdictional Issues: The BRT Online Properties are controlled or operated (or both) from the United States, and are not intended to subject Blue Ribbon Trophy/LaserWerks to any non-U.S. jurisdiction or law. The BRT Online Properties may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the BRT Online Properties is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the BRT Online Properties' availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
4. Products: The BRT Online Properties may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, "Products"), as well as references and links to Products. Such Products may be made available by Blue Ribbon Trophy/LaserWerks or by third parties. The availability through the BRT Online Properties of any listing, description or image of a third-party Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.
5. Transactions: We may make available the ability to purchase or otherwise obtain certain Products through the BRT Online Properties or through other sales channels such as telephone/fax orders, e-mail orders, mail orders or our physical stores (a "Transaction"). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through the BRT Online Properties, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
6. Restrictions: Blue Ribbon Trophy/LaserWerks reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner.
7. Refunds & Exchanges: Refunds and exchanges will be subject to Blue Ribbon Trophy/LaserWerks's applicable refund and exchange policies. The refund and exchange policy for Transactions made through Blue RibbonTrophy/LaserWerks.com is available at https://www.Blue RibbonTrophy/LaserWerks.com/FAQ’s/return-policy.
8. Registration; User Names and Passwords: You may need to register to use all or part of any BRT Online Property. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Blue Ribbon Trophy/LaserWerks, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name, password or account for any BRT Online Property.
9. Rules of Conduct: In connection with the BRT Online Properties, you must not:
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or otherwise gather content from the BRT Online Properties, or reproduce or circumvent the navigational structure or presentation of the BRT Online Properties, without Blue Ribbon Trophy/LaserWerks express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Sites' root directories, Blue Ribbon Trophy/LaserWerks grants to the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Blue Ribbon Trophy/LaserWerks reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining and paying for all Blue Ribbon Trophy/LaserWerks and all telecommunications and other services needed to use the BRT Online Properties.
10. Blue Ribbon Trophy/LaserWerks’ Proprietary Rights: We and our suppliers own the Sites and Apps, which are protected by proprietary rights and laws. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the Apps and remove (that is, uninstall and delete) the Apps from your mobile device. Our trade names, trademarks and service marks, among others, include BLUE RIBBON TROPHY/LASERWERKS, and any associated logos. All trade names, trademarks, service marks and logos on the BRT Online Properties not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the BRT Online Properties should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
11. Third Party Materials; Links: Certain functionality of the BRT Online Properties may make available access to materials made available by third parties ("Third Party Materials"), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials. We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Blue Ribbon Trophy/LaserWerks with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the BRT Online Properties at any time. In addition, the availability of any Third Party Materials through the BRT Online Properties does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
While we try to maintain the timeliness, integrity and security of the BRT Online Properties, we do not guarantee that the BRT Online Properties are or will remain updated, complete, correct or secure, or that access to the BRT Online Properties will be uninterrupted. The BRT Online Properties may include inaccuracies, errors and materials that violate or conflict with this Agreement.
If you become aware of any such alteration, please contact us by visiting https://www.Blue RibbonTrophy/LaserWerks.com/contact-us and provide a description of such alteration and its location.
13. LIMITATION OF LIABILITY: BLUE RIBBON TROPHY/LASERWERKS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA THE BRT ONLINE PROPERTIES (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, BLUE RIBBON TROPHY/LASERWERKS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE BRT ONLINE PROPERTIES OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE BRT ONLINE PROPERTIES OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE BRT ONLINE PROPERTIES. THE MAXIMUM AGGREGATE LIABILITY OF BLUE RIBBON TROPHY/LASERWERKS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF: (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO BLUE RIBBON TROPHY/LASERWERKS TO USE THE BRT ONLINE PROPERTIES; AND (B) TEN U.S. DOLLARS ($10). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH BLUE RIBBON TROPHY/LASERWERKS AND THE AFFILIATED ENTITIES.
14. Indemnity: Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Blue Ribbon Trophy/LaserWerks and the Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys' fees) arising out of (a) your use of, or activities in connection with, any of the BRT Online Properties; and (b) any violation or alleged violation of this Agreement by you.
15. Termination: This Agreement is effective until terminated. Blue Ribbon Trophy/LaserWerks may terminate or suspend your use of any or all of the BRT Online Properties at any time and without prior notice, including if Blue Ribbon Trophy/LaserWerks believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the BRT Online Properties will immediately cease, and Blue Ribbon Trophy/LaserWerks may, without liability to you or any third party, immediately deactivate or delete your user name, password and account(s), and all associated materials, without any obligation to provide any further access to such materials. All Sections shall survive any expiration or termination of this Agreement.
17. Filtering: We hereby notify you that parental control protections (such as computer software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
18. Information or Complaints: If you have a question or complaint regarding any of the BRT Online Properties, please contact us by visiting https://www.Blue RibbonTrophy/LaserWerks.com/contact-us You may also contact us by writing to Blue Ribbon Trophy/LaserWerks, Attn: Customer Service, 1650 N. Glassell St - Suite R, Orange, California 92867, or by calling us at (888) 998-1437. Please note that email communications will not necessarily be secure; accordingly you should not include sensitive information in your email correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
19. Export Controls: You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; (b) on any of the U.S. government lists of restricted end users.
20. Miscellaneous: This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Blue Ribbon Trophy/LaserWerks. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in this Agreement shall be construed as if followed by the phrase "without limitation." This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Blue Ribbon Trophy/LaserWerks relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Blue Ribbon Trophy/LaserWerks relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the BRT Online Properties or by email (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Blue Ribbon Trophy/LaserWerks will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
21. California Transparency in Supply Chains Act (SB 657) Disclosure: Blue Ribbon Trophy/LaserWerks is providing the following disclosure in compliance with The California Transparency in Supply Chains Act of 2010 (SB 657), which requires that companies disclose their efforts to eradicate slavery and human trafficking from their direct supply chains.