Terms of Service

These Terms of Use are entered into between you and Blueperiod, Inc. (doing business as Blueperiod, "Company," "we," or "us"). The following terms and conditions, together with our Return Policy, Promotional Terms, and any other documents we expressly reference herein (collectively, the "Terms of Use"), govern your access to and use of blueperiod.shop, its subpages, related domains, and other websites controlled by us (collectively, the "Website"), including any content, functionality, and services offered on or through the Website whether you are a guest or a registered user (collectively, the "Services").

Please read these Terms of Use carefully before using any of our Services. By using any of our Services, you accept and agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, please do not access or use any of our Services.

Our Services are intended for users who are 18 years of age or older. By using any of our Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet the eligibility requirements set forth above. If you do not meet these requirements, you may not access or use this website.

If you contact us from outside the United States, we hereby inform you that your information may not receive the same level of protection and safeguards as in your country and may be subject to lawful requests and access by U.S. courts and law enforcement agencies without your knowledge or consent. By using any of our services, you consent to our processing of your information in accordance with U.S. law. We encourage you to review our Privacy Policy.

Terms of Sale

Availability and Pricing.

All products offered are subject to availability. We reserve the right to impose quantity limits on any order or to refuse all or part of an order without prior notice. Product prices are subject to change at any time, but changes will not affect orders you have already placed. Purchases are also subject to our price matching policy and our promotional item policy, which may apply to any promotions.

Payment.

Purchases on our website may only be completed using valid payment methods accepted by us. We accept certain debit and credit cards and other forms of electronic transfer as acceptable methods of payment on our website (each, an "Accepted Payment Method"), subject to the procedures and rules contained in these Terms and any applicable contracts with the providers of Accepted Payment Methods. Accepted Payment Methods may vary by country or by product on our website and may change from time to time. You represent and warrant that you are authorized to use your Accepted Payment Methods. You authorize us to charge your Accepted Payment Method for the total amount of your order (including any applicable taxes and shipping and handling charges). If any product in your order is out of stock, we will only charge the price, taxes (as described below), and other applicable fees associated with the product included in the shipment.

If you choose to store information about your Accepted Payment Methods in your account, you agree that we may retain and/or share information about your purchases and submitted payments with financial institutions and payment processing companies (including any institutions or companies we retain in the future) in order to process your payments and use your account information to provide you with notices and disclosures related to your purchases.

Payments to our payment processors.

When you purchase products on our website, you grant us the irrevocable right and permission to provide your personal data and payment information on your behalf to any third-party payment processors we contract with (such as Stripe and/or its financial service providers), and to grant such companies (and/or their respective financial service providers) the right to collect, use, retain, and disclose such data and information. Furthermore, you authorize us to (i) obtain and verify your identity, as necessary, to complete the financial transaction, and (ii) determine your eligibility and authority to complete such purchases.

Please note that your obligation to pay such payment processor and your relationship with such payment processor are the subject of a contract between you and such third party; Brunt is not a party to and is not responsible for such contract. While we carefully select payment processors and enter into detailed agreements with them setting forth their performance obligations (including confidentiality obligations), we cannot and do not guarantee their performance. We encourage you to provide any feedback regarding any payment processor with which you do business, as we value and use your input in deciding whether to continue or terminate such a relationship. If you have any concerns or questions regarding a payment processor, please contact us as soon as possible at Support@blueperiod.shop.

Taxes.

You are responsible for any applicable sales, use, customs, duties, or other governmental taxes, levies, or fees ("Taxes") associated with your purchase of products or services through our website. If we determine that we are obligated to collect Taxes, we will collect the applicable Taxes. We will provide an estimate of the Taxes we will collect at checkout, unless we have expressly stated in writing that the price includes Taxes. The actual Taxes charged may be adjusted based on the amount displayed at checkout. This may be due to several factors, such as differences between processors and changes in tax rates. We are not obligated to, and do not, collect Taxes in all states. If we do not collect such Taxes, you may be obligated to report and pay the Taxes directly.

Sales Tax-Exempt Customers.

Customers exempt from state sales tax must pre-register with us to make tax-free purchases. To apply, please send a valid tax exemption certificate for the state in which you will be shipping your merchandise to Support@blueperiod.shop. After registration, we will send you a Blueperiod Tax-Exempt Customer ID Card for future purchases on our website.

Shipping; Risk of Loss

You agree to pay any shipping and handling charges displayed at the time of purchase. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges at any time, but we will notify you of applicable changes before you make a purchase. Any delivery date or time displayed during the checkout process is an estimate only and is not guaranteed. Unless otherwise stated in writing on our website, the risk of loss or damage to the product passes to you upon delivery of the product to our designated carrier.

Returns & Exchanges.

For information on returning products purchased on our website, please refer to our Returns & Exchanges Policy.

Product Disclaimer.

Blueperiod does not guarantee that its products will protect consumers from all temperatures, chemicals, electrical hazards, and/or other hazards. You are responsible for ensuring that appropriate precautions are taken for environmental conditions, temperatures, chemicals, and electrical exposure.

Changes to Your Order.

We process orders very quickly and cannot modify an order once it has begun the fulfillment process. Therefore, in many cases, once you submit an order, you cannot change or cancel it. (For out-of-stock orders that haven't yet entered the fulfillment process, you can cancel them by visiting your order history before they enter the fulfillment process.) We apologize for any inconvenience this may cause and hope that our faster processing time will benefit you in most cases. For any order questions, please contact Support@blueperiod.shop.

Errors.

Despite our best efforts, errors may occur in product descriptions or other information. In the event of an error, we reserve the right to correct the error and modify your order accordingly (including charging the correct price) or cancel the order and refund any amount charged.

Warranties/Remedies for Third-Party Products.

From time to time, we may sell products on our website that are manufactured or branded by other companies. Other companies may offer their own warranties for such products, but unless otherwise stated on the product page, Blueperiod does not provide warranties for these products. This means that Blueperiod sells these products "as is" and "with all faults." If a product is offered by another company, this limited warranty is typically available on that company's website or on the product packaging. For any non-Blueperiod products sold through the Site, you agree that you may seek damages only from the product manufacturer or brand, not from Blueperiod.

Collection Costs; Credit Card Chargebacks.

You agree to pay any expenses we incur in collecting any unpaid or overdue payments, including reasonable attorneys' fees and other related expenses. Late payments will accrue interest at the lower of 1% per month, or the highest rate permitted by applicable law, from the due date until paid in full.

Gift Cards.

Gift Cards and their use (including provisions regarding damages) are subject to the Gift Card Terms and Conditions found here, these Terms of Use, and our Privacy Policy.

Promotional Cards and Promotional Codes.

Promotional Cards and Promotional Codes and their use (including provisions regarding damages) are subject to the Promotional Card and Promotional Code Terms and Conditions found here, these Terms of Use, and our Privacy Policy.

Loyalty Program.

We offer a loyalty program where you can accumulate points that can be redeemed for certain promotional items or discounts on future purchases. Points expire automatically if not used within one year of the date they are earned. If you choose to withdraw from the Loyalty Program, you will forfeit all previously earned points and the right to earn points in the future. We reserve the right to change rewards and/or the number of points required for any reward at any time without prior notice. You will be awarded Loyalty Points upon successfully logging into the Site, and all Loyalty Rewards must be redeemed with a qualifying purchase. Click here to view our official Loyalty Program Terms and Conditions.

Automatic Reorder Terms

Some of our products offer automatic reordering ("Subscriptions"), which may include a one-time charge for an initial period followed by recurring charges as agreed to by you.

To enjoy a Subscription, you will need to submit a request at the checkout page. By submitting a Subscription request, you agree to pay the applicable prepaid Subscription Fee and any other disclosed recurring fees on each automatic renewal date until you terminate your Subscription in accordance with these Terms. Each Subscription will last for one year, commencing on the date we notify you of your acceptance of the Subscription. We will charge your designated payment method on the date your Subscription is accepted.

Cancelling or modifying a Subscription will not cancel or modify any orders placed on or before the cancellation or modification date.

Subscription cancellations and modifications will be effective three business days after the customer places the last order under that subscription.

If you wish to cancel or modify your subscription, you may contact us by emailing Support@blueperiod.shop or calling 1-415-664-4353 during normal business hours.

Shipping Discrepancies

Blueperiod will make reasonable efforts to ship your subscription orders in the time intervals specified when you subscribe. Due to shipping carrier selection and delays, and other factors beyond BRUNT's control, the actual delivery intervals for subscription orders may vary by several days.

Pricing and Billing

Please note that if your subscription includes a discounted price during a promotional period, your subscription will be charged the full price after the promotional period ends.

Priceless you terminate or do not renew your subscription in accordance with these terms, you hereby authorize, consent, and permit us to automatically charge your credit card or the accepted payment method you submitted during the ordering process for the amount due for the subscription and each order. We may submit these charges for payment, and you will be responsible for payment of these charges. This does not waive our right to seek payment directly from you. Your fees may be paid upfront, deferred, on a per-use basis, or as otherwise specified when you initially sign up for a subscription. As part of your subscription, we will charge you the price listed on our website for each subscription product in your order at the time you place your order.

Changes to Terms of Use

We may amend and update these Terms of Use at any time, at our sole discretion. All changes are effective immediately upon posting and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth below under "Governing Law and Jurisdiction" will not apply to any disputes of which the parties had actual knowledge prior to the date the changes were posted on the Website.

Your continued use of the Services following the posting of revised Terms of Use constitutes your acceptance and agreement to those changes. Because they are binding on you, please be sure to check this page to review all changes.

Website Access and Account Security

We reserve the right, in our sole discretion, to withdraw or amend the Website and any services or materials we provide on the Website without notice. We will not be liable if for any reason the Website is unavailable, in whole or in part, at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users (including registered users).

You are responsible for:

Making all arrangements necessary for you to have access to the Website.

Ensuring that all persons who access the Website through your internet connection are aware of and comply with these Terms of Use.

To access the Website or certain resources it offers, you may be asked to provide certain registration or other information. Your use of the Website is conditioned on the accuracy, currentness, and completeness of all information you provide on the Website. You agree that all information you provide when registering with the Website or otherwise (including, without limitation, through the use of any interactive features on the Website) is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You further acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to immediately notify us of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that if you log in to any account on the Site, you will log out of your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are unable to view or record your password or other personal information.

We reserve the right to disable any user name, password, or other identifier (whether chosen by you or provided by us) at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property

This Site and itsThe features and functionality of this Website (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the materials on the Website, except as follows:

When you access and view such materials, your computer may temporarily store copies of such materials in RAM.

You may store files automatically cached by your web browser for display enhancement purposes.

You may print or download one copy of a reasonable number of pages from the Website for your personal, non-commercial use only and not for further reproduction, publication, or distribution.

If we make desktop, mobile, or other applications available for download, you may download a single copy to your computer or mobile device for your personal, non-commercial use only, provided that you agree to be bound by the end user license agreement for such applications. If we make certain content available as part of social media features, you may take the actions permitted by such features.

You may not:

Modify copies of any materials from the Site.

Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

Delete or alter any copyright, trademark, or other proprietary notices from copies of materials from the Site.

If you wish to use any materials on the Site not listed in this section, please send your request to: Support@blueperiod.shop.

If you print, copy, modify, download, or otherwise use any part of the Site in violation of these Terms of Use, or provide any other person with access to any part of the Site, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, Blueperiod, www.blueperiod.shop, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such trademarks without the Company's prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are trademarks of their respective owners. Our use of other brand names and trademarks does not imply endorsement of us by those companies or their products or services, nor does our use of other companies' services (such as using Stripe as a payment processor) constitute an endorsement.

If you believe that any content or other materials on this Website infringe your copyright, please see our Copyright Policy for instructions on how to send us a notice of copyright infringement.

Prohibited Uses

You may use this Website only for lawful purposes and in accordance with these Terms of Use, including your agreement not to use this Website (collectively, the "Content Standards"):

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries). To exploit, harm, or attempt to exploit or harm minors in any way, such as by exposing them to inappropriate content, soliciting personally identifiable information, or otherwise.

Send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set forth in these Terms.

Transmit or procure the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).

Engage in any other conduct that restricts or inhibits anyone from using or enjoying the Website, or that, as determined by us, may harm the Company or the Website's users or expose them to liability.

Furthermore, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

Use any device, software, or routine that interferes with the proper working of the Website.

Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs, product reviews, testimonials, Instagram photos, and other interactive features (collectively, "Interactive Services") that allow you and other users to post, submit, publish, display, or transmit to other users or other persons (collectively, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards.

Any User Contributions you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contributions on the Website, you grant us, our affiliates and service providers, and our and their respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all of the rights in and to the User Contributions and have the right to grant the license set forth above to us and our affiliates and service providers, and our and their respective licensees, successors, and assigns.

All of your User Contributions are subject to these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

We may remove or refuse to post any User Contributions for any or no reason in our sole discretion. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use (including the Content Standards), infringes the intellectual property or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company.

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights (including intellectual property or privacy rights).

Take appropriate legal action, including without limitation, seeking assistance from law enforcement, regarding any illegal or unauthorized use of the Site.

Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. You waive and hold harmless the Company and its affiliates, licensors, licensees, and service providers from any claims resulting from any actions taken by any of them during or as a result of investigations by the Company or law enforcement authorities.

However, we do not undertake to review material before it is posted on the Site, nor can we ensure prompt removal of objectionable material after it has been posted. Therefore, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We assume no responsibility for whether you or anyone else performs the activities described in this section, and you accept the risk of being exposed to objectionable material when accessing or using our Site. If you believe there is any objectionable material on the Site, you may notify us by email at Support@blueperiod.shop, but we have no obligation to respond to your message or remove the material you complain about.

Content Standards

These "Content Standards" apply to all User Contributions and use of interactive services. User Contributions must fully comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, the Content Standards provide that User Contributions must not:

Contain any material that is defamatory, obscene, lewd, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

Promote sexually explicit or obscene material, violence, or discrimination based on race, sex, religion, national origin, disability, sexual orientation, or age. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

Violate the legal rights (including rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that may conflict with these Terms of Use and our Privacy Policy.

May deceive any person.

Promote any illegal activity, or advocate, promote, or assist any illegal act.

Cause annoyance, inconvenience, or unnecessary anxiety, or be likely to upset, embarrass, alarm, or annoy another person.

Impersonate any person or misrepresent your identity or affiliation with any person or organization.

Involve commercial activities or sales, such as contests, sweepstakes, and other promotions, barter, or advertising.

Create the impression that they emanate from or are endorsed by us or any other person or entity when this is not the case.

Reliance on Information Posted

The information provided on or through this website is for general information purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance on this information is at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to this Website, or anyone becoming aware of its contents.

This Website may contain content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles, responses to questions, and other content (except for content provided by the Company), are solely the opinions and the responsibility of the persons or entities providing those materials. These materials do not necessarily reflect the views of the Company. We are not responsible for the content or accuracy of any third-party materials and assume no liability to you or any third party.

Changes to the Website

We may update the content on this Website from time to time. While we endeavor to ensure that the content on this Website is complete and accurate, please be aware that some content may not always be complete or accurate. Any material on this Website may be out of date at any time, and we assume no obligation to update such material.

Information About You and Your Visit to this Website

All information we provide on this Website and in connection with our services is subject to our Privacy Policy. By using any of our services, you consent to all actions we take with respect to your information consistent with this Privacy Policy.

In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/project-maverick/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/project-maverick/privacy_policy).

Linking to Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

Link to certain content on this Website from your own website or certain third-party websites.

Send emails or other communications that contain specific content or links to specific content on this Website.

Cause limited portions of content from this Website to appear, or appear to appear, on your own or certain third-party websites.

You may use these features solely in the manner and for the content they display, and in accordance with any additional terms and conditions we provide for such features. In addition to the foregoing, you may not:

Establish a link from any website that is not owned by you.

Cause the Website or parts of it to be displayed on any other website, or to appear to be displayed by any other website, such as by framing, deep linking, or inline linking.

Link to any part of the Website other than the home page.

Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.

The website to which you are linking, or the website from which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Use.

You agree to cooperate with us to immediately cease any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time in our sole discretion without notice.

Links from the Website

Where the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, such as banner ads and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for their contents or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to this Website, you do so entirely at your own risk.The terms and conditions of use for websites of this type are subject to these Terms and Conditions.

Geographic Restrictions

The owner of this Website is located in Massachusetts, United States. We make no representation that any of the Services, including this Website or any of its content, are accessible or appropriate for use outside of the United States. Access to this Website may not be legal by certain persons or in certain countries. If you access this Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer

You understand that we cannot guarantee or warrant that content available through the Internet or this Website is free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to this Website for the reconstruction of any lost data. To the maximum extent permitted by law, we assume no liability for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through it, or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Website, its content, and any services obtained through it is at your own risk. The Website, its content, and any services obtained through the Website are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. Neither the Company nor anyone associated with the Company makes any warranty or representation regarding the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Website, its content, or any services obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will meet your needs or expectations.

Except as otherwise expressly provided in these Terms of Use (including any express limited warranty applicable to Blueperiod branded products), to the fullest extent permitted by law, the Company specifically disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including, but not limited to, any warranties of merchantability, non-infringement, and fitness for a particular purpose. If the Company provides an express limited warranty for Blueperiod branded products, implied warranties are limited to the duration of such limited warranty.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation of Liability

To the maximum extent permitted by law, in no event will the Company, its affiliates, or their respective licensors, service providers, owners, directors, managers, officers, employees, agents, or representatives (collectively, the “Primary Parties”) be liable for damages of any kind, under any legal theory, arising out of or related to any of our services, including your use or inability to use the Site, any websites linked to the Site, any content on the Site, or any other such websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

The Principal Parties’ aggregate liability for any claim arising out of or related to any service, including any products purchased through our Site, shall not exceed the greater of $100 or the purchase price of such product.

The foregoing does not apply to our liability for gross negligence or willful misconduct, nor does it affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective licensors, service providers, owners, directors, managers, officers, employees, agents and representatives, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to your breach of these Terms of Use or your use of any Services, including but not limited to your User Contributions, any use of the Website content, services, and products not expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, without regard to any choice or conflict of law provisions or rules (whether of Massachusetts or any other jurisdiction). The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed from its application to this Agreement, any Services, and any transactions relating to or as part of any Services.

Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Website shall be brought exclusively in the federal courts of the United States or the state courts of the Commonwealth of Massachusetts, both located in the City of Boston and Suffolk County. However, we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Unless you are bound by the Arbitration Agreement set forth below and any applicable law, if you have a claim against the Company and the total value of the claim is less than $10,000, the party asserting the claim may elect to have the dispute resolved by binding arbitration without in-person appearances. This "alternative dispute resolution" procedure shall be initiated by either party notifying the other, in which case you and the Company agree to use reasonable efforts to select an individual or service within thirty (30) days to administer the alternative dispute resolution procedure (the "Arbitration Administrator"), subject to the following requirements: (i) no party will be required to appear in person at any proceeding; (ii) the proceeding will be conducted by written submissions, telephone or online communications, or as otherwise agreed; (iii) the costs of the Arbitration Administrator will be borne equally by the parties or submitted to the Arbitration Administrator for determination as part of the dispute; and (iv) judgment on the Arbitration Administrator may be enforced in any court having jurisdiction.

If you are a resident of the European Union (EU), please note that we offer this alternative dispute resolution procedure, but because we do not have a presence in the EU, we are unable to offer you the European Commission Dispute Platform.

Arbitration Agreement

You and the Company agree that any and all disputes or claims that have arisen or may arise between us (except disputes concerning the enforcement or validity of your, our, or any of our licensors' intellectual property rights) shall be settled exclusively by final and binding arbitration in accordance with these Terms, although you may bring claims in small claims court if you qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Our arbitration proceedings will be conducted by an arbitrator mutually agreed upon by the parties. The arbitration shall be held in Suffolk County, Massachusetts, or at another location mutually agreed upon by the parties. If the amount of the relief sought is $10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions. This election shall be binding on us, provided that the arbitrator has the discretion to require an in-person hearing. Unless the arbitrator otherwise directs, you and/or we may participate in an in-person hearing by telephone.

The arbitrator will decide the substance of all claims in accordance with Massachusetts law, including recognized principles of equity, and will honor all claims of privilege recognized at law. The arbitrator shall not be bound by rulings in prior arbitrations involving different parties, but may be bound by rulings in prior arbitrations involving the Company and the same user, to the extent required by applicable law. The arbitrator's award shall be final and binding. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction over either party, except for limited rights of appeal under the Federal Arbitration Act.

You and we agree as part of this arbitration agreement that each of us may bring claims against the other only in our individual capacity, and not as part of any purported class or representative action or proceeding. We refer to this as the "prohibition of class or representative actions." Unless you and we both agree otherwise, the arbitrator may not consolidate or join your or our claims with those of any other person or party, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory 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. Any relief awarded shall not affect other users of the Site.

With the exception of the "No Class and Representative Actions" clause, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the remaining parts of this Arbitration Agreement will continue to apply. If a court decides that the "No Class and Representative Actions" clause is invalid or unenforceable, then this Arbitration Agreement will be null and void in its entirety. The remainder of this clause will continue to apply.

Claims Time-Barred

You agree that regardless of any statute or law to the contrary or applicable dispute resolution procedures, any claim or cause of action you may have arising out of or related to any Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose, or you hereby agree that such claim is forever barred.

Special Notice for California Users

Under California Civil Code Section 1789.3, users of the Website located in the State of California are entitled to the following specific consumer rights notice: Complaints regarding the Service may be submitted in writing to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1701 Taraval St, San Francisco, CA 94116, or by telephone at 1-415-664-4353, or you may contact us by email at Support@blueperiod.shop or in writing.

Note: Legal Notice

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and the Company's failure to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or for any reason unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Blueperiod, Inc. with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties (both written and oral) with respect to the Services.

Your Comments and Concerns

This website is operated by Blueperiod, Inc. You may direct any feedback, comments, requests for technical support, and other communications relating to this website to: Support@blueperiod.shop.