Terms of Use

Please read these terms of use before using the World Wide Web pages of Blue Mountain Quality Resources, Inc.. These pages, found at www.customer.coolblue.com, together with the underlying source HTML files which implement the hypertext features, are hereinafter referred to as this “Site.” By using this Site, you are agreeing to the following terms.

IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE USE OF THIS SITE.

1. USE OF MATERIALS

a. The contents of this site, including, but not limited to, text, graphics and icons, are copyrighted materials (“Contents”) owned or controlled by Blue Mountain Quality Resources, Inc. or entities which have granted certain rights to Blue Mountain Quality Resources, Inc.. The Contents may also contain Blue Mountain Quality Resources, Inc.’s or such other entity’s name, trademarks, service marks, and trade names, as well as product designs covered by United States and foreign design patents. You are hereby granted a nonexclusive, nontransferable, limited license to view, reproduce, download, print and distribute portions of the Site and the Contents of the Site, for your personal use in learning about the topic discussed at the Site, in evaluating or acquiring Blue Mountain Quality Resources, Inc.’s services or products, or in learning about and evaluating other services and products described at the Site. You must faithfully reproduce any and all copyright notices, which are provided by Blue Mountain Quality Resources, Inc., and may not obscure copyright or other notices.
b. Except as specifically provided herein, Blue Mountain Quality Resources, Inc. does not grant permission to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the Site or the Contents.
c. Without first obtaining Blue Mountain Quality Resources, Inc.’s written consent, you may not use (a) Blue Mountain Quality Resources, Inc.’s icons to hyperlink other web sites with this site, or (b) Blue Mountain Quality Resources, Inc.’s name, trademarks, trade names, service marks, or any patented designs for any reason. If you wish to take any of these actions, please email us at marketing@coolblue.com. If permission to hyperlink is granted, you may not remove or obscure (by framing or otherwise) any copyright notices, advertisements, or other information on this Site.

2. THIRD PARTY LINKS

Blue Mountain Quality Resources, Inc. assumes no responsibility for material created or published by third parties, including without limiting the generality of the foregoing, materials on sites, which are linked to the Site.

3. SUBMISSIONS

a. All information submitted to Blue Mountain Quality Resources, Inc. via this Site, or via any postal or any e-mail submission to any Blue Mountain Quality Resources, Inc. employee, shall be and shall remain the property of Blue Mountain Quality Resources, Inc.. Blue Mountain Quality Resources, Inc. reserves the right to review all content and remove material which is objectionable to Blue Mountain Quality Resources, Inc., in its sole and absolute discretion. You waive all editorial and moral rights to any submissions you make to Blue Mountain Quality Resources, Inc., regardless of format.
b. Blue Mountain Quality Resources, Inc. shall not be subject to any obligations of confidentiality regarding submitted information, with the sole exception of site registration information as provided on registration forms, this information is not disclosed to third persons without the consent of the registrant.
c. You warrant that all information submitted by you is fit for publication, and is not libelous or defamatory.
d. You agree to indemnify Blue Mountain Quality Resources, Inc. if any third party takes action against Blue Mountain Quality Resources, Inc., and agree not to take action against Blue Mountain Quality Resources, Inc., in relation to any material you submit, regardless of form.
e. By submitting information, you warrant that Blue Mountain Quality Resources, Inc. may publish the information, and/or incorporate it or any concepts described in such information, without liability to you or any other or entity.

4. USE OF COMMUNICATION SERVICES

This site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
•Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
•Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
•Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
•Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
•Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
•Conduct or forward surveys, contests, pyramid schemes or chain letters.
•Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
•Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
•Restrict or inhibit any other user from using and enjoying the Communication Services.
•Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
•Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
•Violate any applicable laws or regulations.

Blue Mountain Quality Resources, Inc. has no obligation to monitor the Communication Services. However, Blue Mountain Quality Resources, Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Blue Mountain Quality Resources, Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Blue Mountain Quality Resources, Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Blue Mountain Quality Resources, Inc.’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Blue Mountain Quality Resources, Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, Blue Mountain Quality Resources, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Blue Mountain Quality Resources, Inc. spokespersons, and their views do not necessarily reflect those of Blue Mountain Quality Resources, Inc.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

5. DISCLAIMERS AND LIMITATION OF WARRANTIES

a. THE CONTENTS ARE PROVIDED “AS IS,” ON AN “AS AVAILABLE BASIS.” ALL WARRANTIES, EXPRESS AND IMPLIED, AND ALL INDEMNITIES OF ANY KIND, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. ECI AND ITS LICENSORS DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT USE OF THE SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS AND/OR VIRUSES. YOU USE THE SITE AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL ECI, ANY RELATED PARTIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS ) THAT ARISE OUT OF OR IN CONNECTION WITH ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL ECI’S, RELATED PARTIES’ AND LICENSOR’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU TO ECI FOR ACCESSING THIS SITE, IF ANY.
b. The foregoing limitation of liability includes, without limiting the generality of the foregoing, all damages suffered as a result of (1) errors and/or omissions, typographical errors and technical inaccuracies in or on the Site or on third party Web sites which are linked to the Site directly or indirectly; (2) the unavailability of this Site or any portion of the Site; (3) your use of this Site for any purpose whatsoever; or (4) any damages to personal property, including computer equipment and software, whether as a result of computer viruses or otherwise.
c. Blue Mountain Quality Resources, Inc. makes no representation that the materials contained in the Site are appropriate or authorized for use in all countries, states, provinces, county or any other jurisdictions. If you choose to access this Site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.

6. INDEMNIFICATION

You will indemnify, defend and hold Blue Mountain Quality Resources, Inc. harmless from and against all damages and claims suffered by Blue Mountain Quality Resources, Inc. and arising directly or indirectly from your breach of these Terms of Use. Such indemnification shall include attorney fees and costs incurred by Blue Mountain Quality Resources, Inc. in enforcing its rights hereunder.

7. MISCELLANEOUS

a. Blue Mountain Quality Resources, Inc. reserves the right to withdraw or limit access to the Site and revise the Contents and the services and products described in this Site, including these Terms of Use, at any time without notifying you specifically, even if such notice has been requested. Blue Mountain Quality Resources, Inc. may amend or modify these Terms of Use or impose new conditions at any time upon inclusion of a notice on the Site indicating that this agreement has been updated. Any use of the site by you after such update shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.
b. This Site may contain references to products or services that are not available in all locations.
c. These Conditions of Use shall be governed by and construed in accordance with the laws of Commonwealth Of Pennsylvania, as applied to agreements made and solely performed in the Commonwealth Of Pennsylvania. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the State and U.S. Federal District Courts of the Commonwealth Of Pennsylvania. You expressly consent to such jurisdiction.
d. These Terms of Use represent all of the agreements between you and Blue Mountain Quality Resources, Inc. regarding your use and access to the Site. If any provision of these Terms of Use is deemed unenforceable, unlawful, void, or against public policy, that provisions shall be deemed severed from the remainder of these Terms of Use, which shall remain valid and in full force and effect.