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Terms of Use

Welcome to our Terms of Use!

Sorry this may be boring, and long... but we want you to know your rights! We promise it isn’t too long! Check out our Privacy Policy as well.

TERMS OF USE

This website, located at www.AshBlue.com or any of our affiliated sites including mobile and/or Internet applications, is provided by AshBlue (AshBlue, "we," "our," or "us") to the person accessing this Site ("you," "your").

1. You Agree to These Terms by Using This Site

Your access to, and use of, this Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use. AshBlue may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. You cannot modify these Terms of Use. These Terms of Use only can be modified in a writing signed by AshBlue. If you do not agree and accept, without limitation or qualification, these Terms of Use, you must stop your use and exit the site immediately.

2. Permitted Use of the Site; Termination

The information and materials on this Site are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing AshBlue or its services and products. You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on this Site for any other purpose. This site is not directed at children and you may not use this site if you are under the age of thirteen.

You agree that AshBlue may, without cause or prior notice, and without liability to you or any third party, immediately terminate your AshBlue account, any promotion, accumulated reward or virtual currency associated with your account and/or email address,, access to your account page, access/participation in any special marketing groups, access to or participation in any promotions or contests, or access to any of our social networking pages, in accordance with the these Terms of Use. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your account may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies AshBlue may have at law or in equity.

Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any part thereof), (e) technical or security issues or problems, (f) inactivity, (g) engagement by you in fraudulent or illegal activities, (h) nonpayment of any fees owed by you in connection with the Site, and/or (i) no cause at all.

Termination of your AshBlue account includes (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with or inside your account page (or any part thereof), and (c) barring of further use of your account. Further, you agree that all terminations for cause shall be made in AshBlue’s sole discretion and that AshBlue shall not be liable to you or any third party for any termination of your account, any associated email address, or access to your account.

You may terminate your account, this Agreement, and your right to use your account at any time and for any reason or no reason, by contacting us at: info@ashblue.com

3. User-Submitted Content

The Site may, from time to time, offer interactive features that allow users to submit content to the Site. AshBlue does not and cannot review all such content, and is not responsible for such content.

You acknowledge that by providing the ability to view and distribute user-generated content on the Site, AshBlue is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. By submitting any user-generated content, you represent and warrant that: (a) you are the sole creator and/or author of any such content including any intellectual property rights therein, or before posting, you obtained from the copyright owner the right to use and authorize AshBlue to use; (b) you hereby waive any moral rights you may have in such user-generated content; (c) and all such content is true and accurate; and (d) you are the person appearing in any photograph or content uploaded. In any event, AshBlue reserves the right to block or remove communications or materials that it determines to be unacceptable to AshBlue in its sole discretion.

By submitting any user-generated content, you hereby grant AshBlue (1) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you; and (2) the rights to publicity to use your name and/or likeness. If you are under 18 years of age, you represent and warrant that you have your parents' permission to make such grants. All content that you submit may be used at AshBlue's sole discretion without any obligation of confidentiality.

Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an AshBlue 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 false, misleading, inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable in a manner in which may constitute or encourage a criminal offense, violate the rights (including intellectual property rights or rights of publicity or privacy) of any party, or which may otherwise give rise to liability or violate any law.

4. Notice; Electronic Communications

When you visit this Site, send emails to AshBlue, or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with AshBlue.

We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, you may select the unsubscribe link which is present in each email. You may also customize your communication preferences by accessing the email preference center in your AshBlue account page and adjusting your settings accordingly. Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.

Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.

5. Privacy

AshBlue's Privacy Policy is incorporated and made part of these Terms of Use. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or email address) you transmit to the Site by electronic mail or otherwise will be used by AshBlue in accordance with the Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary. We encourage you to read our Privacy Policy for more details.

6. Practices; Typographical Errors; Colors

You acknowledge that AshBlue may establish general practices and limits concerning use of any content, including without limitation the maximum number of days that email messages, message board postings, or other uploaded content will be retained, the maximum number of email messages that may be sent from or received by an account, the maximum size of any email message that may be sent from or received by an account, the maximum disk space that will be allotted on AshBlue's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access your account in a given period of time. You agree that AshBlue has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted. You acknowledge that AshBlue reserves the right to log off, delete, or disable accounts that are inactive for an extended period of time. You further acknowledge that AshBlue reserves the right to modify these general practices and limits from time to time.

In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, AshBlue reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, AshBlue shall issue a credit to your credit card account in the amount of the incorrect price charged. In no event shall AshBlue be obligated to provide you the merchandise at the incorrect price.

The colors shown on the Site may be influenced by the settings of your computer or your monitor. Accordingly, AshBlue makes no guarantees that any actual colors of products or features will be true or accurate.

7. Disclaimer - Warranty

THIS SITE, ITS CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ASHBLUE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

AshBlue 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. AshBlue does not make any warranties 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.

8. Indemnification

You agree to indemnify, defend, and hold harmless AshBlue, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use 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. You are responsible for protecting and not disclosing your user name and password to others.

9. Limitations of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER ASHBLUE, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

10. Third-Party Links

In an attempt to provide increased value to our visitors, AshBlue may link to sites operated by third parties. However, even if the third party is affiliated with AshBlue, AshBlue has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of AshBlue. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, AshBlue specifically disclaims any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

AshBlue does not endorse the content, or any products or services available, on such sites. Nonetheless, AshBlue seeks to protect the integrity of its website 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). Any feedback you provide shall be non confidential and non proprietary.

11. Intellectual Property

Unless otherwise noted, the design of the Site, the Site as a whole, and materials that are part of the Site (collectively, 'Contents') are copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by AshBlue or its affiliates. The AshBlue logo, may not be used by you for any commercial purpose without AshBlue's written consent.

Copyright 2008-13, AshBlue ALL RIGHTS RESERVED.

All software used on this Site is the property of AshBlue or its software suppliers and protected by copyright laws and may not be used for any purpose by you. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.

12. Copyright Complaints

If you believe that your copyright or other rights have been infringed, please provide the following information to our Designated Agent who can be reached by email at info@ashblue.com

:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;

(ii) a description of the copyrighted work or other work that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on the AshBlue s website;

(iv) your address, telephone number, and email address;

(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(vi) a statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.

13. Export Control

Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

AshBlue does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Control Laws.

14. Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the State of Tennessee, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Davidson County, Nashville, Tennessee, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.

15. Assignment

AshBlue may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

16. Discounts

Discounts, coupons, rewards, referral credits, and other forms of virtual currency provided to you by AshBlue are not transferable and may not be combined with other discounts belonging to others. At no time may you purchase, sell, or barter any discounts. Discounts have no cash value. They are promotional in nature and are issued without any exchange of money or value from you. As such, discounts do not constitute property and you do not have a vested property right or interest in the discounts. Discounts will expire 12 months after the date of issuance, unless otherwise stated by AshBlue. We reserve the right at any time in our discretion, and without prior notice, to discontinue any discounts or to add or change discounts, terms or conditions, including changing expiration periods or discount values for existing or future discounts.

17. Privacy Policy

To view our Privacy Policy, please click here.

18. Questions and Feedback

We welcome your questions, comments, and concerns about this Site. Please send us any and all feedback pertaining to this Site to info@ashblue.com.

 


 

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