|
|
 |
Information Centre |
|
|
Order Info |
|
|
About Blue Skys |
|
|
|
|
|
|
TERMS AND CONDITIONS OF USE
TERMS AND CONDITIONS OF USE
OF THE BLUE SKYS ("BLUE SKYS") WEB SITE
|
|
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS AND CONDITIONS OF
USE") OF THE BLUE SKYS WEB SITE (THE "SITE") CAREFULLY. BY USING THIS SITE
YOU ARE AGREEING TO ACCEPT THE TERMS AND CONDITIONS OF USE. IF YOU DO
NOT AGREE TO THE TERMS AND CONDITIONS OF USE, DO NOT USE THIS SITE.
YOUR RIGHT TO USE THIS SITE
Provided that you comply with the Terms and Conditions of Use,
you have the right to use this Site to (a) view various materials,
including all information, product images and specifications, and other
content on the Site (collectively, the "Materials"), and (b) subject to
any other requirements that BLUE SKYS may specify, access services
(“Services”) provided and products (“Products”) offered by BLUE SKYS
on this Site.
BLUE SKYS reserves the right to restrict, suspend or terminate your
access to all or part of the Site, or to require you to immediately
destroy any Materials you have downloaded, printed or otherwise received
from or through the Site, at any time for any reason, without prior
notice or liability, and at BLUE SKYS’s sole discretion.
|
|
|
OWNERSHIP OF MATERIALS ON THE SITE
The Materials on the Site are owned by BLUE SKYS and its suppliers.
They are copyrighted and protected by United States, Canadian and
international intellectual property laws, treaties and conventions.
You may not copy, adapt, modify, display, perform, transmit, frame,
distribute, resell, commercially exploit or otherwise use the Materials,
except as expressly permitted herein, without the prior written
permission of the relevant rights holder(s). You also may not create
a hyperlink directly to a page on the Site, other than the default,
index or home page found at http://www.blueskys.com, without the prior
written permission of BLUE SKYS.
The trademarks of BLUE SKYS and others used on the Site are the
property of BLUE SKYS or their respective owners. You may not use any
trademark displayed on the Site without the written permission of
BLUE SKYS or the respective owner. Your use of the Site is conditioned
on your abiding by all notices of copyright, trademark and other
proprietary rights appearing in the Materials. You are forbidden from
removing or altering any such notices in full or in part from Materials
that you print or download.
|
|
|
|
|
COMMUNICATIONS FROM YOU TO THE SITE
Except as specified in our Privacy Policy ("Privacy Policy"),
all information and other content you send to the Site ("Communications")
will be considered non-proprietary and non-confidential.
BLUE SKYS shall have no obligations of any kind to you respecting your
Communications and will be free to use them on an unrestricted basis
for any purposes. You are prohibited from sending BLUE SKYS or any
other user of the Site any unlawful, threatening, libelous, defamatory,
obscene, pornographic, or any other Communications that would violate
any law or the rights of others under applicable law.
|
|
|
|
|
THIRD PARTIES
From time to time this Site may contain references and links to
content, products, services or other offerings of third parties
("Third Parties"). Such references and links do not constitute
or imply an endorsement or recommendation by BLUE SKYS of any such
Third Party and in no way should be interpreted as an acceptance
of responsibility or liability for Third Parties.
|
|
|
|
|
APPLICABLE LAWS
This Site is operated and controlled by BLUE SKYS from its offices
in Edmonton, Alberta, but can be accessed from jurisdictions whose
laws may differ from those of the Province of Alberta. By accessing
the Site you agree that the laws of the Province of Alberta and the
federal laws of Canada applicable therein, without regard to conflicts
of law provisions, will apply to all matters arising out of or in
connection with the Site. You also agree to submit to the exclusive
personal jurisdiction and venue of the courts of the Province of Alberta
with respect to such matters.
BLUE SKYS makes no warranty or representation that any or all Materials
and Services provided on the Site, or any other materials or services
referenced therein, are lawful in other jurisdictions or available for
use in all jurisdictions. Accessing these Materials or Services from
territories where they are illegal is prohibited. You agree that if you
access the Site from another jurisdiction, you are responsible for
compliance with local laws.
If any provision of the Terms and Conditions of Use is found to be
unlawful, void or unenforceable, then such provision is deemed severable
and will not affect the validity or enforceability of any of the
remaining provisions. The parties agree that this agreement and all
related documents be written in the English language. Les parties ont
exigé que le présent contrat et tous les documents connexes soient
rédigés en anglais.
|
|
|
|
|
DISCLAIMER
EXCEPT AS OTHERWISE NOTED HEREIN, THE MATERIALS AND SERVICES
PROVIDED ON THIS SITE ARE PROVIDED "AS IS" BY BLUE SKYS,
WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Applicable laws may not allow the exclusion of implied warranties,
so the above exclusion may not apply to you. To the extent permissible,
any implied warranties or representations are limited to the fullest extent
permitted by law. BLUE SKYS makes no warranties, representations, or conditions
of any kind regarding the sites, services, products, programmes or other
offerings of Third Parties referenced on or accessible by means of the Site.
BLUE SKYS also takes no responsibility for viruses that may damage your computer
system or data resulting from your access to or use of the Site.
Although reasonable efforts are used to ensure that the Site will be current and
will contain no errors or inaccuracies, BLUE SKYS does not warrant or represent
the accuracy and completeness of the Materials or prices stated on the Site.
BLUE SKYS may make changes to the Materials or prices on the Site at any time
without notice. The Materials or prices on the Site may be out of date, and
BLUE SKYS makes no commitment to update the Materials or prices. BLUE SKYS does
not guarantee that all Products referenced on the Site will be available at all
times. Products available from BLUE SKYS at any given time may not be exactly as
shown or described, and BLUE SKYS reserves the right to improve or change the
design of any Product without assuming any obligation to modify or replace any
Product previously manufactured. BLUE SKYS reserves the right to limit quantities
and to specify a minimum order requirement.
All transactions done through Blue Skys are in Canadian dollars.
The US dollar prices shown are meant to serve as a general guide for our customers
and provide only an approximation of the currency conversion at any time.
All Credit Card orders are processed in Canadian dollars and will be converted to
US dollars, or the applicable country’s currency, by your bank on the day the transaction is posted.
|
|
|
|
|
LIMITATION OF LIABILITIES
IN NO EVENT WILL BLUE SKYS, OR ITS SUPPLIERS, BE LIABLE FOR ANY
DAMAGES WHATSOEVER ARISING OUT OF THE USE, INABILITY TO USE, OR THE
RESULTS OF USE OF THIS SITE, ANY THIRD PARTY SITES, OR THE MATERIALS,
SERVICES, OR PRODUCTS CONTAINED OR PROVIDED THROUGH ANY OR ALL SUCH
SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL
THEORY AND WHETHER OR NOT BLUE SKYS IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR SERVICES ON THIS SITE
RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT
OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
|
|
|
|
|
INDEMNIFICATION
You agree to defend, indemnify and hold harmless BLUE SKYS and
its affiliates, representatives, officers, directors and employees
from all liabilities, claims, costs and expenses, including legal fees,
that arise out of or in connection with your use of the Site,
your viewing or downloading of Materials from the Site, your use
of Services or acquisition of Products on the Site, or your
Communications to the Site.
Revised 06/04/2004
© Blue Skys, 2004. All rights reserved.
|
|
|
|
|
|
