Conditions of Use
www.blinghard.com
 

Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Blinghard.com. The collective work includes works that are licensed to Blinghard.com. Copyright 2003, Blinghard.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Blinghard.com or purchasing Blinghard.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Blinghard.com or to purchase Blinghard.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Blinghard.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of Blinghard.com used in the site are trademarks or registered trademarks of Blinghard.com
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without
warranties of any kind, whether express or implied. To the fullest extent permissible
pursuant to applicable law, Blinghard.com disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability and fitness for a
particular purpose and non-infringement. Blinghard.com does not represent or warrant
that the functions contained in the site will be uninterrupted or error-free, that the defects
will be corrected, or that this site or the server that makes the site available are free of
viruses or other harmful components. Blinghard.com does not make any warrantees or
representations regarding the use of the materials in this site in terms of their correctness,
accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not
permit limitations or exclusions on warranties, so the above limitations may not apply to
you.

Limitation of Liability
Blinghard.com shall not be liable for any special or consequential damages that result
from the use of, or the inability to use, the materials on this site or the performance of the
products, even if Blinghard.com has been advised of the possibility of such damages.
Applicable law may not allow the limitation of exclusion of liability or incidental or
consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a Blinghard.com product is mistakenly listed at an incorrect price,
Blinghard.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Blinghard.com reserves 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 cancelled, Blinghard.com shall issue a credit to your credit card account in the amount of the incorrect price.

Notice
Blinghard.com may deliver notice to you by means of e-mail, a general notice on the
site, or by other reliable method to the address you have provided to Blinghard.com.
Notices may be sent in the event of specials, sales, backorders, delays, etc. Though we
pride ourselves on same day shipping, order processing may take up to 48 hours.
Backordered items may take 7-10 days to ship out.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of
California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N.
Convention on contracts for the international sale of goods. You agree that jurisdiction
over and venue in any legal proceeding directly or indirectly arising out of or relating to
this site (including but not limited to the purchase of Blinghard.com products) shall be
in the state or federal courts located in Los Angeles County, California. Any cause of
action or claim you may have with respect to the site (including but not limited to the
purchase of Blinghard.com products) must be commenced within one (1) year after the
claim or cause of action arises. Blinghard.com's failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be construed as a
waiver of any provision or right. Neither the course of conduct between the parties nor
trade practice shall act to modify any of these terms and conditions. Blinghard.com may
assign its rights and duties under this Agreement to any party at any time without notice
to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of
obscene or abusive language, is strictly forbidden. Impersonation of others, including a
Blinghard.com or other licensed employee, host, or representative, as well as other
members or visitors on the site is prohibited. You may not upload to, distribute, or
otherwise publish through the site any content which is libelous, defamatory, obscene,
threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise
objectionable which may constitute or encourage a criminal offense, violate the rights of
any party or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join or become
members of any other commercial online service or other organization.

Participation Disclaimer
Blinghard.com does not and cannot review all communications and materials posted to
or created by users accessing the site, and is not in any manner responsible for the content
of these communications and materials. You acknowledge that by providing you with the
ability to view and distribute user-generated content on the site, Blinghard.com is
merely acting as a passive conduit for such distribution and is not undertaking any
obligation or liability relating to any contents or activities on the site. However,
Blinghard.com reserves the right to block or remove communications or materials that
it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or
misleading, (c) in violation of a copyright, trademark or; other intellectual property right
of another or (d) offensive or otherwise unacceptable to Blinghard.com in its sole
discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Blinghard.com, its officers,
directors, employees, agents, licensors and suppliers (collectively the "Service
Providers") from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of these terms and conditions or
any activity related to your account (including negligent or wrongful conduct) by you or
any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, Blinghard.com may link to sites
operated by third parties. However, even if the third party is affiliated with
Blinghard.com, Blinghard.com has no control over these linked sites, all of which
have separate privacy and data collection practices, independent of Blinghard.com.
These linked sites are only for your convenience and therefore you access them at your
own risk. Nonetheless, Blinghard.com seeks to protect the integrity of its web site and
the links placed upon it and therefore requests any feedback on not only its own site, but
for sites it links to as well (including if a specific link does not work).

COD
By selecting COD as payment method, you are accepting all fees related to your
purchase, including: $8.50 COD Charge, all related shipping charges and fees, including
and not limited to: shipping and handling, return shipping, COD fee and refusal to accept
COD charge ($150) or 10% of your order, whichever is greater with no limit. It is a
considered a sale, a binding contract and is invoiced like all purchases. If you do not
accept your package, and it is not paid within the next 30 days, you will incur late fees
and penalties. All unpaid invoices will go to a third-party collection agency.

Charge-backs and Unauthorized Transactions
Any unauthorized use of a credit card or pay pal account is strictly forbidden and
is illegal. Suspicious transactions will be investigated/verified before processing and
shipping occurs. If an unauthorized transaction occurs, all information will be turned over
to the local authorities for investigation and prosecution. Misrepresentation of yourself as
the cardholder is an offense punishable by law. Any minor posing as a parent or adult for
the purposes of purchasing a product, will be assumed an authorized user of the card.
Legal issues, or charge-backs stemming from an unauthorized use by child or family
member, can only be handled in one of two ways; Parents will either accept responsibility
for the child’s actions/transaction and discipline the child as they see fit, or the
parent/cardholder may attempt a charge-back, in which case felony charges of theft and
mail fraud WILL BE FILED against the purchaser, no matter the age. In addition, the
information will also be turned over to a third-party debt collection agency (Financial
Adjustment Service, INC. www.fascollections.com  (502)894-9111) to obtain
the balance of the product and all fees occurred. The credit agency will be legally
obligated to report against the credit of the cardholder. Once the account is turned over to
the collection agency and the local authorities, it is out of our hands. There will be
nothing more we can do for the matter.

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