Terms & Conditions | Blue Anole

BlueAnole.com Terms & Conditions

Welcome to blueanole.com. To use the products or services offered at blueanole.com or by any of its affiliates, you must agree to the following Terms of Service. If you visit or shop at blueanole.com, you accept these Terms of Service.

Please read these Terms of Service carefully and save a copy. These Terms of Service are a binding agreement between you and Blue Anole, LLC (“Blue Anole” or “us” or “we”). If you are not in agreement with all of these Terms and Service, you are prohibited from using blueanole.com and must discontinue use immediately.

1. PRIVACY

A. Privacy Policy. Please review our Privacy Notice, which also governs your visit to blueanole.com, to fully understand our practices. [include link]

2. ELECTRONIC COMMUNICATIONS

A. Legal Satisfaction. When you visit blueanole.com or send e-mails to us, you are communicating with us electronically.

B. Consent. By communicating with us, 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. You further agree that all communications with Blue Anole will be in English.

3. COPYRIGHT

A. Copyright protection. Unless otherwise noted, 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 blueanole.com or its owner Blue Anole, and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Blue Anole and protected by U.S. and international copyright laws. All software used on this site is the property of Blue Anole or its software suppliers and protected by United States and international copyright laws.

4. TRADEMARKS

A. Protected Marks. Blue Anole, Blueanole.com, and other marks used on our site are trademarks of Blue Anole, registered or otherwise protectable, in the United States and other countries.

B. Protected Graphics. All Blueanole.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Blue Anole. Blue Anole’s trademarks and trade dress may not be used in connection with any product or service that is not blueanole.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Blue Anole. All other trademarks not owned by Blue Anole or its affiliates 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 Blueanole.com or its affiliates.

5. LICENSE AND SITE ACCESS

A. General. Blue Anole 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 Blue Anole.

B. No license for Commercial sale. 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.

C. No reproduction. 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 Blue Anole.

D. No framing. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) Blue Anole and our affiliates without express written consent.

E. “Metatags” You may not use any meta tags or any other “hidden text” utilizing blueanole.com’s name or any of Blue Anole’s trademarks without the express written consent of Blue Anole. Any unauthorized use terminates the permission or license granted by Blue Anole

F. Linking. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of blueanole.com so long as the link does not portray blueanole.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any blueanole.com logos or other proprietary graphic or trademarks as part of the link without express written permission.

G. Age Restriction. You represent that you are at least the age of majority in your state, jurisdiction, or province of residence. Children under the age of 13 are prohibited from using our Site, Products and/or Service(s). This Site, Products and/or Service(s) is not intended for children under 13. We do not knowingly collect personal information or sell to anyone under 13. If you are a parent or guardian and believe your child has obtained this Product, please contact us. By purchasing a Product from Blue Anole, you represent and warrant that you are at least 18 years old and of legal age to enter into a binding agreement..

6. YOUR ACCOUNT

A. Protection of your Account. As discussed further in the site privacy policy, by using this site, you agree that you are responsible for maintaining the confidentiality of any account and password information you create in connection with blueanole.com and for restricting access to your computer and account. You agree to accept responsibility for all activities that occur under your account or password.

7. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

A. Nature of Content. Visitors to Blueanole.com may post reviews, comments, and other content; send communications; and submit comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”

B. False information. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Blue Anole reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

C. Rights granted. If you do post content or submit material, and unless we indicate otherwise, you grant Blue Anole and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Blue Anole and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

D. Rights owned. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Blue Anole or its affiliates for all claims resulting from content you supply. Blue Anole has the right but not the obligation to monitor and edit or remove any activity or content. Blue Anole takes no responsibility and assumes no liability for any content posted by you or any third party.

E. You agree to refrain from making any statements or comments of a defamatory, derogatory or disparaging nature, either publicly or privately, to any third-party regarding Blue Anole, or any of Blue Anole’s officers, directors, employees, personnel, agents, policies, Products or services, other than to comply with law. This also includes directing others to do so. This provision in no way restricts your ability to communicate reviews or performance assessments about our products and/or services to us. This section survives termination.

F. Blueanole.com and the products, and/or services provided therein may contain testimonials by users or former customers. The views and opinions expressed in these testimonials are solely those of the individual or business and do not reflect our views or opinions. Individual results may vary, and testimonials are not intended to represent or guarantee that you or anyone will achieve the same or similar result. We do not claim, and you should not assume, that all users will have the same results or experiences as those expressed in the testimonials. Your individual results may vary.

G. Any communication or other submission from You to Blue Anole is not privileged or confidential. Blue Anole has an unrestricted, royalty-free, and irrevocable right to use, copy, and/or reproduce any communication or other submission You provide to Blue Anole.

8. RISK OF LOSS

A. All items purchased from blueanole.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the end carrier.

9. PRODUCT DESCRIPTIONS

A. Blueanole.com and its affiliates attempt to be as accurate as possible when creating product descriptions. However, Blue Anole makes no warranties that the product descriptions and any other content of this site is accurate, complete, reliable, current, or error-free.

10. SALES TRANSACTIONS

A. Sales transactions made in conjunction with Blue Anole and blueanole.com are facilitated by a third party vendor, such as Lemon Squeezy or Etsy. The third party vendor is responsible for collecting and processing Your payment information. Please refer to the third party’s applicable terms and conditions for information on cancellation/refunds. When you purchase products or services via blueanole.com, your personal information (e.g. contact and card information) may be collected by a third-party vendor, who may have privacy policies or security practices that are different from ours. Blue Anole is not responsible for the vendor’s independent policies or practices.

B. Blue Anole reserves the right to refuse or cancel any order, at any time, for any reason, including without limitation: availability of Products and/or services; errors in the Product or service description or price; errors in your order; multiple purchases and/or requests; we suspect you purchased with the intent to seek reimbursement; and if we suspect that your order is fraudulent, unauthorized or otherwise an illegal transaction.

C. Blue Anole reserves the right to change prices at any time, within our sole discretion, prior to accepting your order.

D. Any promotional discounts that may not have been offered at the time of your purchase are not guaranteed to be provided to you if offered after your date of purchase. If we do provide it, then it is within our sole discretion. We reserve the right to modify or cancel any promotional discounts at any time without prior notice.

11. International Use

Blueanole.com is controlled, operated and administered by Blue Anole from our offices within the United States of America (“USA”). If you access blueanole.com from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use blueanole.com or any content derived therefrom in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY Blue Anole ON AN “AS IS” AND “AS AVAILABLE” BASIS. Blue Anole 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, Blue Anole DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Blue Anole DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Blueanole.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Blue Anole 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.

13. APPLICABLE LAW

A. Governing Law. By visiting Blueanole.com, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Blue Anole or its affiliates.

14. DISPUTES

A. Arbitration and Venue. Any dispute relating in any way to your visit to Blueanole.com or to products you purchase through Blueanole.com shall be submitted to confidential arbitration in San Antonio, Texas, except that, to the extent you have in any manner violated or threatened to violate Blue Anole’s intellectual property rights, Blue Anole may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts, including courts in San Antonio, Texas. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association.

B. Finality of Arbitration. The arbitrator’s 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.

C. In the event of any controversy, claim or dispute between us, arising out of or related to this Agreement or the breach of this Agreement, the prevailing party shall be entitled to recover from the other party all costs incurred including attorney’s fees.

D. Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Blue Anole agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

15. SITE POLICIES, MODIFICATION, AND SEVERABILITY

A. Other Policies. Please review our other policies, such as the Blue Anole Privacy Policy, posted on our site and the Blue Anole End User License Agreement. These agreements are incorporated by reference herein and also govern your visit to, and use of, blueanole.com.

B. Third Party Policies. Blue Anole utilizes third party providers such as Lemon Squeezy. Your visit to, and use of, blueanole.com is further governed by Lemon Squeezy’s Buyer Terms & Conditions https://www.lemonsqueezy.com/buyer-terms, and Lemon Squeezy’s Privacy Policy https://www.lemonsqueezy.com/privacy, both of which are incorporated by reference herein. You consent that Blue Anole may share information and data collected from You with third party vendors used by Blue Anole in the provision of products and/or services on blueanole.com

C. Blue Anole reserves the right to make changes to our site, policies, and these Terms of Service at any time. The most current version of the Terms will supersede all previous versions. Blue Anole encourages you to periodically review the Terms to stay informed of our updates.

D. 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.

16. OUR ADDRESS

Blue Anole, LLC

5900 BALCONES DR STE 100 \

AUSTIN, TX 78731