Terms and Conditions
TERMS OF CONTRACT
Goods and Services supplied from this website are supplied by Bluesmiths LLC (“Bluesmiths”), a Hawaiian Limited Liability company whose registered address is 300 Inu Pl, Kula, Hawaii, 96790, United States of America.
Your submission of an order represents an offer to purchase Goods and/or Services indicated by you and it is not binding on us until we have notified you that an order is accepted. All advertisements and communications are made by us until your order is accepted by us are invitations to treat only and are not confirmed offers. This means that if Goods or Products are shown on the site but are unavailable or incorrectly priced or otherwise incorrectly described, Bluesmiths shall not be obliged to sell you those goods.
1. Limited License
BLUESMITHS grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BLUESMITHS. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BLUESMITHS. Any unauthorized use terminates the permission or license granted by BLUESMITHS. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BLUESMITHS.com so long as the link does not portray BLUESMITHS, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BLUESMITHS logo or other proprietary graphic or trademark as part of the link without express written permission.
THE MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" UNLESS OTHERWISE SPECIFIED IN WRITING. BLUESMITHS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLUESMITHS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
BLUESMITHS assumes no responsibility for anyone's use of the information and materials on its web site. In no event shall BLUESMITHS or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on BLUESMITHS' website, even if BLUESMITHS or a BLUESMITHS authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
4. External Web Links
5. Proprietary Information
All intellectual property contained on the BLUESMITHS website is the exclusive property of BLUESMITHS or its content contributors. This content cannot be copied, reproduced, or used without written permission from BLUESMITHS. This website contains logos, trademarks, service marks and design elements that are proprietary to BLUESMITHS. These trademarks are protected under applicable trademark laws and cannot be copied, reproduced or used without written permission from BLUESMITHS. Reproduction, storage, or use of materials retrieved from the BLUESMITHS site is subject to applicable copyright laws.
6. Materials on Website
The materials appearing on BLUESMITHS' website may include technical, typographical, or photographic errors. BLUESMITHS does not warrant that any of the materials on its website are accurate, complete, or current. BLUESMITHS may make changes to the materials contained on its website at any time without notice.
8. Governing Law
Construction of the disclaimers above and resolution of disputes thereof are governed by the laws of the State of Hawaii. The laws of the State of Hawai‘i shall apply to all uses of this data and this system. By use of this system and any data contained therein, the user agrees that use shall conform to all applicable laws and regulations and user shall not violate the rights of any third parties.
BLUESMITHS is committed to providing appropriate privacy and security of confidential information provided to BLUESMITHS in the conduct of its activities. BLUESMITHS obtains, uses, stores, shares and disposes of confidential information consistent with applicable federal and state laws. Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfillment of those purposes.
Interactions with Individuals under Thirteen Years of Age. BLUESMITHS is committed to protecting the privacy and safety of our children. We are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act), we do not collect any information from anyone under thirteen years of age. Our website, products and services are all directed to individuals who are eighteen years old or older. Accordingly, if a user of the BLUESMITHS website is under the age of thirteen, such user is requested not to provide BLUESMITHS with personally identifying information including confidential information, and BLUESMITHS will not knowingly use any such information in its database or as part of other data collection activities. BLUESMITHS cautions users under the age of thirteen and their parents or guardians that the collection of individual information voluntarily provided by such a user without the knowledge of BLUESMITHS via the website or other electronic or paper methods will be treated by BLUESMITHS the same way as information given by an adult. In addition, such information may be subject to public access until BLUESMITHS becomes aware that the information provider is under the age of thirteen, at which time such information will be deleted from our servers.