Terms of Service
Welcome to the Bluelounge website. Throughout the site, the terms “Bluelounge”, "we," "us," or "our" refer to Bluelounge and Advantus, Corp. Bluelounge offers this website, including all information, tools, or services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service" or "Terms") including those additional terms and conditions and policies referenced here or available by hyperlink. These Terms of Service apply to all users of the site including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Unless otherwise noted, all materials including images, illustrations, designs, icons, photographs, video clips, and written or other materials that appear as part of this website are protected by copyrights and international treaty provisions owned, controlled, or licensed by Advantus, Corp. or its affiliates. The website as a whole is also protected by copyrights and constitutes trade dress. Moreover, Bluelounge® and the Bluelounge logo are registered trademarks of Advantus, Corp. All worldwide rights, titles, and interests in and to the website are owned by Advantus, Corp. For more information, please see our section on Intellectual Property.
The content of our website and the website as a whole are intended solely for personal, noncommercial (other than for the purchase of merchandise from our website) use by the users of our website. You may download or copy any content or other downloadable materials displayed on this website for your personal use only. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of this website or its content.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. However, please note that Bluelounge does not agree to any use of this website by a minor under the age of thirteen.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction including but not limited to copyright, trademark, or trade dress laws.
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services. We reserve the right to refuse service to anyone for any reason at any time.
Pricing, Specifications, And Availability
All prices are in United States dollars. Prices, specifications, and availability of products are subject to change without notice. Due to the changing nature of the technology accessories market, and because of the technical differences in the equipment of our customers, product descriptions may not reflect current technical information, and we cannot be responsible for photographic differences in product size, shape, or color. We do not warrant the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Bluelounge.com orders generate automatic confirmation e-mail, but the receipt of a confirmation only means that we have received your order, and does not constitute an offer to sell. We may change our pricing, product description, or specifications after any confirmation e-mail, but before shipment, due to errors, changing market conditions, product discontinuation or unavailability, typographical errors, or any other reason. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether.
We will notify you of any corrections or changes to your order, and will not complete it until we have your approval. We estimate your order will ship within two business days. Published prices do not include shipping, sales tax, or insurance.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Accuracy Of Billing And Account Information
We reserve the right to refuse any order you place with us. 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, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail 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.
You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to update your account and other information, including your email address and credit card numbers and expiration dates, so we may complete your transactions and contact you as needed.
Compliance With The Law And Resale Sales
You agree to comply with all applicable laws and regulations of the various states and of the United States and other countries that relate to the products on our website or these Terms. You agree and represent that you are buying for your own personal use only, and not for resale.
Links To Other Websites And Services
User Comments, Feedback, Or Other Submissions
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether on-line, by e-mail, by postal mail, or otherwise (singularly or collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, or otherwise use in any medium any Comment that you forward to us. We are 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.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party including copyright, trademark, privacy, personality, 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 Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Correction Of Website Errors
The information on this website may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing, or availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies.
In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the website or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer Of Warranties; Limitation Of Liability
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time that we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Bluelounge, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Bluelounge and any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The obligations and liabilities of the parties incurred before a termination date shall survive the termination of this agreement for all purposes.
Class Action Waiver
You and Bluelounge further agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class or representative proceeding. Further, unless both you and Bluelounge agree otherwise, the court may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The court may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
These Terms of Service and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of Florida.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, wherein such determination shall not affect the validity and enforceability of any other remaining provisions.
Any failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us including but not limited to any prior versions of the Terms of Service.
If users have any questions or suggestions regarding these Terms of Service, please contact us at: