Agreement and Contract Regarding the Terms and Conditions for the Use of this BLUE RIBBON LUXURY® Web Site
This BLUE RIBBON LUXURY® Web Site © 2001 GLOBALCOMSA LLC is protected by registered and common law copyrights, trademarks, trade dress, and/or other intellectual properties under the laws of the United States of America and international copyright, trademark and other laws. All rights reserved. The contents of all pages of the BLUE RIBBON LUXURY Web Site is provided solely for the use of BLUE RIBBON LUXURY customers to interact with BLUE RIBBON LUXURY, and may not be used by an other person or entity for any other purpose.
Welcome to the BLUE RIBBON LUXURY web site, which will be also referred to in the present Agreement and Contract as "Site". The following terms and conditions constitute a contract between you, the User, and BLUE RIBBON LUXURY regarding the use of our Site, and your agreement to follow and be bound by the terms and conditions contained herein. The word "your" means, including but not limited to, you, the User of this Site. The User is any person of legal age who accesses this Site. Your use of this Site is expressly conditioned on your acceptance of the terms and conditions contained herein. If you do not agree with any part of the following terms and conditions of this Agreement and Contract you agree to not use this Site.
Change of Terms and Conditions
By accessing this Web Site, You, the User, Agree and Contract that BLUE RIBBON LUXURY may from time to time change the terms and conditions that affect the use of our Site. Your use of our Site constitutes your agreement to follow and be bound by subsequent changes in terms and conditions which may take place without notice. For that reason the User agrees to always check BLUE RIBBON LUXURY web site Terms and Conditions immediately upon accessing this Site in order to always be aware of any changes in the terms of conditions for accessing this Site, so that you, the User, will not be negligent in the use of this Site.
Copyrights and Trademarks
By accessing this Web Site, You, the User, Agree and Contract that all of the contents, materials, images, graphics, illustrations, designs, icons, photographs and written and other materials that are part of this Site are nationally and/or internationally registered and common law copyrights, trademarks, trade dress, and/or other intellectual properties or are trade secrets or pertain to other proprietary rights owned and controlled by GLOBALCOMSA, LLC a New York Limited Liability Corporation. By accessing this Web Site, You, the User, Agree and Contract that nothing contained on this Site constitutes the granting, by implication, estoppel, or otherwise, any license or right to use any of the mentioned copyrights or trademarks without the explicit written permission of GLOBALCOMSA, LLC. Any other trademark or copyright appearing on the BLUE RIBBON LUXURY Web Site are property of their respective owners. The terms of this Paragraph will survive any termination of this agreement.
Site Contents
By accessing this Web Site, You, the User, Agree and Contract that the total Contents of this Site are intended solely for personal, noncommercial use by the Users of our Site. You may download or copy one copy only of the Contents and other downloadable materials displayed on the Site for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices for the sole purpose of placing an order with BLUE RIBBON LUXURY or using the Site as a shopping resource. No right, title or interest in any downloaded materials or software is transferred to you, the User, as a result of any such downloading or copying. The User agrees not to reproduce (except as noted above), publish, transmit, distribute, redistribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents of the BLUE RIBBON LUXURY Web Site, or any related software, nor will you, the User, decompile, reverse engineer, disassemble, or otherwise reduce any software found on the site to a human-readable form.
Your Comments
We appreciate you taking your time to send us comments, including but not limited to remarks, feedback, suggestions, ideas and other submissions that you may disclose or transmit to BLUE RIBBON LUXURY. You, the User Agree and Contract that BLUE RIBBON LUXURY does not have to keep your comments confidential, nor will BLUE RIBBON LUXURY pay you, the User, or anyone else any monies or give anything of value in exchange for said comments. Such comments shall be sole property of BLUE RIBBON LUXURY which shall own solely all rights, title and interests in and to the Comments, and BLUE RIBBON LUXURY shall not be limited in any way in its use of any comments. You, the User, acknowledge that you are solely responsible for any Comments you make. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, racist, hate, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You, the User, agree that you will not impersonate any person or entity, transmit any information that you do not have a right to transmit under any law or under contractual or fiduciary relationships, including but not limited to inside information, proprietary and confidential information learned or disclosed as part of any relationship, transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity, transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, "stalk" or otherwise harass any director, official, employee, or agent of BLUE RIBBON LUXURY, or disobey any requirements, procedures, policies or regulations of BLUE RIBBON LUXURY.
Privacy
BLUE RIBBON LUXURY policy is to respect the privacy of Users who visit our Site. If you provide us with personal information, we may use it to improve the content of our Site, or to advise you of it, or to contact you for marketing purposes. We do not sell or rent any personally identifiable information about you to any third party. We do derive statistical studies and disclose the statistical results to third parties, and for other marketing and promotional purposes. Nevertheless, in these situations, we do not disclose to those entities any information that could be used to personally identify you.
Persons of Legal Age
This Site is for the exclusive use by persons of legal age. If you are a person who is not of legal age, you are not authorized to place an order or provide any information of any kind to us, and please leave this site immediately, because you are specifically not authorized to use this Site. To find out if you are of legal age in your jurisdiction you should consult with an attorney at law.
DISCLAIMER
IN CONSIDERATION FOR YOU, THE USER, TO ACCESS THIS SITE, YOU, THE USER, AGREE, CERTIFY, AND CONTRACT THAT THIS SITE AND ITS CONTENTS AND PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR PRACTICE OR USAGE OF TRADE. BLUE RIBBON LUXURY DOES NOT WARRANT THAT THIS SITE AND ITS CONTENTS ARE COMPLETE OR ERROR FREE OR THAT THE SERVER OR SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS ACQUIRED ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS SITE. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRICES ON THIS WEB SITE ARE REPORTED IN DOLLARS OF THE UNITED STATES OF AMERICA. THE WORDS "AMERICAN DOLLARS" MEANS DOLLARS OF THE UNITED STATES OF AMERICA. YOU, THE USER, ACKNOWLEDGE, BY YOUR ACCESSING THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT BLUE RIBBON LUXURY, AND ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR THE CONTENT FOUND HEREIN, OR ANY FAILURE OR DELAY, INCLUDING BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE, OR FOR THE PERFORMANCE OR NON PERFORMANCE BY BLUE RIBBON LUXURY OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH = PERSONS, ENTITIES OR ANY OTHER PERSON OR ENTITY. YOU, THE USER AGREE AND CONTRACT THAT DURING EVENTS INVOLVING FORCE MAJEURE OR FORCE MAJESTURE WHICH RENDERS INOPERABLE THE INTERNET OR ELECTRONIC DATA TRANSFER, INCLUDING BUT NOT LIMITED TO AN INTERNET MELTDOWN, THE EFFECT OF SUNSPOTS AND/OR THE EFFECT OF ANY INTERSTELLAR EVENT ON THE ELECTRO-MAGNETIC RADIATION CAPABILITY OF THE EARTH, GARBLED DATA TRANSMISSION BY CARRIERS AND/OR SERVERS AND/OR MODEMS USED TO COMMUNICATE WITH THE BLUE RIBBON LUXURY WEB SITE, FAILURE OF THE ELECTRICITY DISTRIBUTION SYSTEM, FAILURE OF THE ELECTRICITY POWER GRID, OR ANY OTHER EVENT INCLUDING BUT NOT LIMITED TO STRIKES, OFFICIAL INTERDICTIONS, RAW MATERIAL UNAVAILABILITY, CIVIL DISTURBANCES, GUERILLA ACTIVITY, INSURRECTIONS, REVOLUTIONS, AND WARS, FORCE MAJEURE AND/OR FORCE MAJESTURE WHICH INTERRUPTS OR IMPEDES THE FLOW OF THE NORMAL COURSE OF BUSINESS OF BLUE RIBBON LUXURY WILL SUSPEND, FREE, AND HOLD HARMLESS BLUE RIBBON LUXURY FROM THE REQUIREMENT OF COMPLIANCE BY BLUE RIBBON LUXURY WITH THIS AGREEMENT AND CONTRACT UNTIL THE REFERENCED EVENT OR EVENTS CEASE SO THAT THE NORMAL COURSE OF BUSINESS OF BLUE RIBBON LUXURY IS ABLE TO COMMENCE AGAIN. THE TERMS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Handmade Products
By accessing this Site, you, the User, Agree, Certify, and Contract that all BLUE RIBBON LUXURY® products are natural products, hand made in Genuine Polished Alligator (not faux), or other specified premium leathers and buffed to perfection in the centuries-old proven manner, and that as with all authentic hand-made products, there are possible slight variations in the dimensions and colors in the products you order and receive in contrast to the images viewed on this Web Site.
Returns Policy
By accessing this Web Site, the User Agrees and Contracts that we sell our products "as is" because they are genuine and new when sold, so, there should be no question about their quality when they are received by the User of this Web Site. But, if within ten days of receipt of the merchandise, you, the User, decide to return the merchandise to us, both you, the User of this Web Site, as well as BLUE RIBBON LUXURY will be governed by the following rules: (a) You, the User, must first advise us at our e-mail site, listed below, requesting a Returned Merchandise Number. (b) When we send it to you, you must write this number on your original invoice, the shipping airbill, and on the return shipping label. (c) Any returned merchandise that lacks the Returned Merchandise Number can not be processed, and will be regarding as never having been received by BLUE RIBBON LUXURY. (d) Returned merchandise must be sent to the address indicated on the Returned Merchandise Number email by FedEx prepaid and insured for the full price, with all expenses assumed by the User. (e) Any damage to the merchandise, any marks, any water damage, or any neglect in preserving the value of the merchandise once it is received by you, the User, or any misuse of the merchandise are all specifically excluded from our Returns Policy. (f) The returned product must be in new, unused and unworn condition with the original packaging materials, invoice, and shipping airbills. (g) BLUE RIBBON LUXURY does not sell used merchandise, and will not accept any item with any indication that it was used, or otherwise falls under the exclusion of Letter (d) of this Paragraph. In such cases, the merchandise will be returned to the User. (h) All refunds will credit the full purchase price and will be made in the same manner as the original purchase.
Indemnification
By accessing this Site, you, the User, Agree, Certify, and Contract that you agree to defend, indemnify and hold BLUE RIBBON LUXURY harmless from and against any and all claims, damages, costs and expenses, including but not limited to attorneys fees, arising from or related to your use of this Site. BLUE RIBBON LUXURY is not responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information provided on this Site or from the use of, or the inability to use this Site. By accessing this Site, you, the User, agree, certify, and contract that if you are dissatisfied with the BLUE RIBBON LUXURY Site, or any materials on this Site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using this Site. Since you, the User, have the free and spontaneous option of not using this Site, you, the User, agree, certify, and contract and reiterate that you agree to defend, indemnify and hold BLUE RIBBON LUXURY harmless from and against any and all claims, damages, costs and expenses, including but not limited to attorneys fees, arising from or related to you use of this Site. The terms of this paragraph will survive any termination of this agreement.
Termination
By accessing this Web Site, You, the User, Agree and Contract that this Agreement and Contract is effective unless and until terminated by BLUE RIBBON LUXURY. BLUE RIBBON LUXURY may terminate this Agreement at any time without notice to you, the User, and accordingly deny you access to this Site in the sole discretion of BLUE RIBBON LUXURY, if you fail to comply with this Agreement and Contract. Upon any termination of this Agreement and Contract by BLUE RIBBON LUXURY, you, the User, must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials. In addition, by providing material on our Site, BLUE RIBBON LUXURY does not in any way promise that the materials will remain available to you. BLUE RIBBON LUXURY may terminate all or part of its Site at any time without notice to you.
GOVERNING JURISDICTION
By accessing this Web Site, You, the User, Agree and Contract that this Agreement is exclusively governed by and shall be construed in accordance with the laws of the State of New York, United States of America without giving any effect whatsoever to any principles of conflicts of law and/or choice of law rules, and the situs of any action at law or in equity arising out of or relating to the content of the present Agreement and Contract shall be in New York County in the State of New York, United States of America. If any provision of this Agreement and Contract shall be deemed contrary to law, void, or for any reason unenforceable then that provision shall be deemed severed from this Agreement and Contract, and shall not affect the validity and enforceability of any of the remaining provisions. The relationship between BLUE RIBBON LUXURY and you, the User, is that of independent contractors, and neither of us nor any of our respective officers, agents, or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other. The terms of this paragraph will survive any termination of this agreement.
MODIFICATION
By accessing this Web Site, You, the User, Agree and Contract that BLUE RIBBON LUXURY may modify this Agreement and Contract at any time by simply updating this posting and without notice to you, the User. You, the User, will be bound by all such modifications, whether or not you have notice thereof. You, the User, agree and contract that the method for you to receive notice is for you, the User, to always read this Terms and Conditions immediately upon accessing this Site, which you acknowledge is the requirement you must fulfill every time you access this Site.
Delivery Rules
By accessing this Web Site, You, the User, Agree, Contract, and Certify that any product ordered from the BLUE RIBBON LUXURY Web Site will be placed in the hands of a delivery company within fifteen (15) working days counted from the date of receipt of an order together with the corresponding verification and receipt of payment for said order. If an order together with the corresponding verification and receipt of payment for said order is received on a non-working day, then the date of receipt of the order is the next working day following the date of receipt of the order together with the corresponding verification and receipt of payment for said order. You, the User, Agree, Certify and Contract that BLUE RIBBON LUXURY has no control whatsoever over the amount of time that the delivery company consumes for the actual physical delivery of the order; and that during peak order seasons, including but not limited to New Years, Easter, Thanksgiving, Christmas, and Hanukkah it is a matter of public knowledge that all delivery systems are saturated, causing delays in the physical delivery of products, over which BLUE RIBBON LUXURY has no control whatsoever. These types of delays can be avoided by placing orders early on prior to the beginning of such holiday seasons. WE DO NOT ACCEPT SPECIAL ORDERS OR PROVIDE ANY MODIFICATIONS OF OUR PRODUCTS.
Assignment
You, the user, Agree, Contract, and Certify that you are not authorized to assign, convey, subcontract, or delegate your rights, duties, and/or obligations in this Agreement and Contract, and that any such assignment, conveyance, subcontract, or delegation of your rights, duties, and/or obligations in this Agreement and Contract are void.
Headings
By accessing this Web Site, You, the User, Agree and Contract that the headings used in the present Terms and Conditions are included for purposes of convenience in reading only, and will not limit or otherwise affect these Terms and Conditions.
Entire Agreement
By accessing this Web Site, You, the User, Agree and Contract that the Terms and Conditions of this Agreement and Contract, together with those incorporated herein, or referred to herein constitute the entire and exclusive agreement between you, the User, and BLUE RIBBON LUXURY regarding all matters that have been set out in the preceding paragraphs, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing by making such amendments or modifications on this Site; and you, the User, bind your heirs, legatees and devisees to obligatory compliance with the specific content and terms of this present Agreement and Contract.
This BLUE RIBBON LUXURY® Web Site © 2001 GLOBALCOMSA LLC is protected by registered and common law copyrights, trademarks, trade dress, and/or other intellectual properties under the laws of the United States of America and international copyright, trademark and other laws. All rights reserved. The contents of all pages of the BLUE RIBBON LUXURY Web Site is provided solely for the use of BLUE RIBBON LUXURY customers to interact with BLUE RIBBON LUXURY, and may not be used by an other person or entity for any other purpose.
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