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Welcome to our online store!
THE BLUE RAT and its associates provide their services to you subject to the following
conditions. If you visit or shop within this website, you accept these conditions.
Please read them carefully.
PRIVACY
Please review our Privacy
Notice, which also governs your visit to our website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit THE BLUE RAT
or send e-mails to us, you are communicating with us electronically. You consent
to receive communications from us electronically. We will communicate with you
by e-mail or by posting notices on this site. You agree that all agreements,
notices, disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on
this site, such as text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software, is the property of THE BLUE RAT
or its content suppliers and protected by United States and international copyright
laws. The compilation of all content on this site is the exclusive property
of THE BLUE RAT, with copyright authorship for this collection by Tsunami PC Productions, and protected by U.S. and international copyright laws.
The software application provider and author for "osCommerce", is
used under the GNU GENERAL PUBLIC LICENSE and all original authorship and credit
for osCommerce remains the intellectual rights of www.oscommerce.com.
TRADEMARKS
THE BLUE RATs trademarks
and trade dress may not be used in connection with any product or service that
is not THE BLUE RATs, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits THE BLUE RAT. All other
trademarks not owned by THE BLUE RAT or its subsidiaries that appear on this
site are the property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by THE BLUE RAT or its subsidiaries.
LICENSE AND SITE ACCESS
THE BLUE RAT 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 THE BLUE RAT. 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 site 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 THE BLUE RAT. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of THE BLUE RAT and our associates
without express written consent. You may not use any meta tags or any other
":hidden text": utilizing THE BLUE RATs name or trademarks without the
express written consent of THE BLUE RAT. Any unauthorized use terminates the
permission or license granted by THE BLUE RAT. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page of THE BLUE RAT
so long as the link does not portray THE BLUE RAT, its associates, or their products
or services in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any THE BLUE RAT logo or other proprietary graphic or trademark
as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you
are responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you agree to accept responsibility
for all activities that occur under your account or password. If you are under
18, you may use our website only with involvement of a parent or guardian. THE BLUE RAT and its associates reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in their sole discretion.
posted by you or any third party.
RISK OF LOSS
All items purchased from
THE BLUE RAT are made pursuant to a shipment contract. This basically means that
the risk of loss and title for such items pass to you upon our delivery to the
carrier.
PRODUCT DESCRIPTIONS
THE BLUE RAT and its associates
attempt to be as accurate as possible. However, THE BLUE RAT does not warrant
that product descriptions or other content of this site is accurate, complete,
reliable, current, or error-free. If a product offered by THE BLUE RAT itself
is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES
AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY
THE BLUE RAT ON AN ":AS IS": AND ":AS AVAILABLE": BASIS. THE BLUE RAT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR
PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE
IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, THE BLUE RAT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. THE BLUE RAT DOES NOT WARRANT THAT THIS SITE, ITS SERVERS,
OR E-MAIL SENT FROM THE BLUE RAT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE BLUE RAT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE
USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting THE BLUE RAT,
you agree that the laws of the state of Massachusetts, without regard to principles
of conflict of laws, will govern these Conditions of Use and any dispute of
any sort that might arise between you and THE BLUE RAT or its associates.
DISPUTES
Any dispute relating in
any way to your visit to THE BLUE RAT or to products you purchase through THE BLUE RAT shall be submitted to confidential arbitration in Massachusetts, except that,
to the extent you have in any manner violated or threatened to violate THE BLUE RATs
intellectual property rights, THE BLUE RAT may seek injunctive or other appropriate
relief in any state or federal court in the state of Massachusetts, and you consent
to exclusive jurisdiction and venue in such courts. Arbitration under this agreement
shall be conducted under the rules then prevailing of the American Arbitration
Association. The arbitrators award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this Agreement, whether through
class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION,
AND SEVERABILITY
Please review our other
policies, such as our Shipping and Returns policy, posted on this site. These
policies also govern your visit to THE BLUE RAT. We reserve the right to make
changes to our site, policies, and these Conditions of Use at any time. If any
of these conditions shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall not affect the validity and
enforceability of any remaining condition.
QUESTIONS:
Questions regarding our
Conditions of Usage, Privacy Policy, or other policy related material can be
directed to our support staff by clicking on the "Contact Us" link
in the side menu. Or you can email us at: info@thebluerat.com
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