Terms of Use

Last Updated: March 25, 2014

These Terms of Use (the "Terms") apply to all online visitors to bluemonocle.com. By using this site, bluemonocle.com, (the "Site"), you ("you" or "Website User") agree to the terms and conditions in this Agreement between you and Blue Monocle Imaging, LLC (hereinafter, "Blue Monocle"). If you do not agree to these outlined terms, your only recourse is to discontinue use of the Site and its features.

Blue Monocle reserves the right to make any changes to these Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) without prior notification to you. You should re-read this Agreement containing the Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. We strongly suggest that each time you make a purchase through this Site, you re-read the Terms of Use.

Use and Restrictions

The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 13 years of age or older, and who are not barred from using the Site under applicable laws. You may access and use the Site only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that Blue Monocle, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Site.

Privacy Policy

Blue Monocle's Privacy Policy applies to the use of the Site, and its terms are made a part of the Terms by this reference. Please read our Privacy Policy to understand our practices.

Additionally, by using the Site, you acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of Blue Monocle and that communications with Blue Monocle can never be guaranteed to be secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Nonetheless, we employ reasonable measures to protect your information from unauthorized use or disclosure. While we make these reasonable precautions against loss or theft of data, Blue Monocle shall not be responsible for any data lost or stolen while transmitting information on the Internet. While it is Blue Monocle's objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable at any time for any reason including, without limitation, routine maintenance.

Ownership of the Site, Content, and Trademarks

The Site is owned and controlled by Blue Monocle and unless otherwise agreed in writing, all materials on our Site, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code, and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property rights in such materials (collectively, the "Content"), are owned, controlled, and/or licensed by Blue Monocle. The Site and Content are intended solely for your personal, non-commercial use. You may not download and/or copy any of the Content without permission from Blue Monocle unless such permission is explicitly granted on the Site. Any permitted downloads or permitted copies of the Content are for your personal use only. No right, title, or interest in any downloaded and/or copied Content is transferred to you as a result of any such downloading and/or copying. You may not reproduce (except as noted above or on the Site), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell, exploit, and/or otherwise use any of the Content or the Site for any public or commercial purpose. Blue Monocle also owns a copyright in the selection, coordination, arrangement, and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. Blue Monocle does not permit use of any data mining, robots, scraping, and/or similar data-gathering or extraction methods. Certain trademarks, trade names, service marks, and logos used or displayed on this Site are registered and unregistered trademarks, trade names, and service marks of Blue Monocle and its affiliates. Other trademarks, trade names, and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names, and service marks of third parties. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks, or logos displayed on such Site.

Trademark

All trademarks, service marks, trade names, logos, and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Site are proprietary to Blue Monocle or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of Blue Monocle, and you may not remove or otherwise modify any trademark notices from any Content. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of Blue Monocle or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Blue Monocle.

Warranties and Disclaimer

The Site and any content provided via the Site, including links, are provided on an "as is" and "as available" basis with no warranty of any kind. To the maximum extent permitted by law, Blue Monocle disclaims all representations, warranties, and conditions, express or implied, with respect to the Site, the content and any products, including, without limitation, warranties or conditions of merchantable quality, merchantability, durability, fitness for a particular purpose, title, non-infringement, freedom from errors, omissions, or other malicious or unauthorized code or programs, and implied warranties or conditions arising from course of dealing or course of performance. In addition, Blue Monocle does not represent or warrant that the Site, content, products, or any other information accessible via the Site is secure, accurate, complete or current. As a condition of your use of the Site, you warrant to Blue Monocle that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. In addition, the Site may contain typographical errors or inaccuracies and may not be complete or current. Blue Monocle therefore reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

Limitation of Liability

Blue Monocle and its parent, affiliates, subsidiaries, officers, directors, employees, agents, suppliers, licensors and third party partners will not be liable for any indirect, special, punitive, incidental, exemplary, multiplied or consequential damages, lost profits or revenues, or any damages whatsoever, whether or not such party has been previously advised of the possibility of such damages, whether under contract, tort (including negligence) or any other theory, including, without limitation, arising out of or in connection with any loss or other damages in connection with any unavailability or nonperformance of the site, errors, omissions, viruses and malicious code. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy. Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Indemnity

You agree to indemnify and hold Blue Monocle, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.

Termination of Agreement

Blue Monocle may terminate this Agreement at any time. Without limiting the foregoing, Blue Monocle shall have the right to immediately terminate your use of this Site in the event of any conduct by you that Blue Monocle, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.

Links

The Site may contain links to websites and other resources operated by third parties other than Blue Monocle. Such links are provided solely as a convenience to you. Blue Monocle does not control such websites, and is not responsible for the content, products, services, or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

Electronic Communications

You consent to receive electronic communications from Blue Monocle either in the form of email sent to you at the email address you provide or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.

Severability

If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.

Governing Law

By using the Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Blue Monocle. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Denver, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.