Terms of Service and Use
Welcome to Blue Moon Bell LLC!
Blue Moon Bell LLC supports freedom of speech, both on and off the Internet. However, the goal of Blue Moon Bell LLC is to provide you with access to the best quality products possible. To ensure a safe, nonoffensive environment for all of our users, we have established these Terms of Service, spelling out what you can expect from us and what we expect from you.
www.bluemoonbell.com is owned and operated by Blue Moon Bell LLC, a Virginia (USA) limited liability company. Any references herein to Blue Moon Bell LLC, www.bluemoonbell.com, “we,” or “us” shall be deemed to refer to www.bluemoonbell.com and/or Blue Moon Bell LLC, as applicable under the circumstances.
Note to Social Media Users. When purchasing products and services from the Website, our LinkedIn profile, or other social media page, and when posting information to or otherwise communicating via that page or your own social media page, your activities online are subject to the Terms of Service, User’s Agreement, or other terms and conditions imposed by that social media website, which may contain terms and conditions different from these Terms of Service. Please see the following pages for further details:
• http://www.facebook.com/legal/terms (Facebook’s Statement of Rights and Responsibilities);
• http://www.linkedin.com/legal/user-agreement?trk=hb_ft_userag (LinkedIn’s User’s Agreement);
• https://twitter.com/tos (Twitter’s Terms of Service); and
• http://www.google.com/intl/en/policies/terms (Google’s Terms of Service)
All references in these Terms of Service to “Blue Moon Bell LLC”, “www.bluemoonbell.com,” and/or “this Website” shall be deemed to include both this Website and any and all social media pages maintained from time to time by Blue Moon Bell LLC or its affiliates.
I. OUR PRODUCTS; TERMS OF SALE
Our Products. Blue Moon Bell LLC offers or may offer a variety of Home & Garden and other e-commerce products (“Products”), at retail and wholesale, through its Blue Moon Bell LLC stores, through this Website, and through social media pages maintained by Blue Moon Bell LLC on Facebook, Instagram, Google, Twitter, LinkedIn, and elsewhere.
Payment. All amounts due for retail purchases of Blue Moon Bell LLC products are payable in full at the time of purchase. Amounts due for wholesale purchases of Blue Moon Bell LLC products are cash on delivery (C.O.D.), unless otherwise agreed by Blue Moon Bell LLC in writing.
Your Account. When you make a purchase from this Website, you may create an account as part of the checkout process. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You further agree to accept responsibility for all purchases and activities that occur under your account.
Acceptance of Order. Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received, and we have accepted your order, we will promptly place your order in line for shipment.
Pricing and Availability. All prices for products (and the associated costs of shipping and tax) are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
Payment Terms. Blue Moon Bell LLC currently accepts Visa, MasterCard, American Express, and Discover credit cards, and the other forms of payment listed in our checkout screen. By submitting your order, you represent and warrant that you are authorized to use the designated credit card or payment method and authorize us to charge your order (including taxes, shipping, and handling) to that card. If the card cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled automatically. In the event you pay for Blue Moon Bell LLC products by credit card and subsequently “charge back” your purchase through your merchant account provider, Blue Moon Bell LLC reserves the right to terminate these Terms of Service and all pending orders and transactions immediately, in addition to any and all available remedies at law or in equity.
Shipping Terms and Policies. We endeavor to ship all orders for in-stock items within one (1) business day. Our standard business hours are Monday through Friday, 8 a.m. to 5 p.m. Eastern Standard Time. Shipping is typically via UPS and you should allow five (5) to eight (8) business days for standard delivery once an order has been shipped. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. If expedited shipping is required, please select that as your shipping choice.
All shipping charges are your responsibility, unless waived by Blue Moon Bell LLC. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice.
All orders are shipped FOB shipping point. Title to products passes from Blue Moon Bell LLC to you upon shipment and we are not responsible for any shipping delays or problems once the product has been shipped.
Back Orders. If for some reason an item on your order is temporarily out of stock, we will back order that item for you and ship the other merchandise immediately. Items on back order will be charged when the items are actually shipped, along with applicable taxes and shipping charges.
Returns and Exchanges Policy. When you shop with us, we want you to be completely satisfied. If for any reason you are not satisfied with your purchase, you may return it for a replacement or refund of the purchase price pursuant to our Returns Policy. Please see our Returns and Exchanges Policy for further details.
Errors. We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing, or other information on this Website is accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by Blue Moon Bell LLC is not as described or pictured, your sole remedy is to return it in an unused condition for a refund. In the event of an error, whether on this Website, in an order confirmation, in processing an order, in delivering a product, or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
II. TRADEMARKS AND SERVICE MARKS
Blue Moon Bell and its collection and product names are or may become trademarks of Blue Moon Bell LLC and/or its affiliates. All rights are reserved. These and other Blue Moon Bell LLC graphics, logos, service marks, and trademarks of Blue Moon Bell LLC and its affiliates may not be used without the prior written consent of Blue Moon Bell LLC or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on this Website or in any materials relating to our Products are the property of their respective owners. Please refer to our Trademark policy for additional information.
III. DISCLAIMERS AND LIMITATION OF LIABILITY
You expressly agree that use of Blue Moon Bell LLC’s Products is at your sole risk. Neither Blue Moon Bell LLC nor its affiliates, nor any of their members, managers, officers, directors, employees, agents, third-party content providers, merchants, advertisers, sponsors, or affiliates (collectively “Providers”), or the like, warrant that this Website will be uninterrupted or error free, nor do they make any warranty as to any of Blue Moon Bell LLC’s products, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through this Website.
Disclaimer of Warranties. Blue Moon Bell LLC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY CONTENT MADE AVAILABLE ON THIS WEBSITE. Blue Moon Bell LLC DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THIS WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, (B) THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT, MATERIALS, DATA, OR INFORMATION OBTAINED BY YOU THROUGH Blue Moon Bell LLC WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH Blue Moon Bell LLC WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) Blue Moon Bell LLC OR THE SERVER(S) THAT MAKE OUR WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Blue Moon Bell LLC’S PRODUCTS AND ALL CONTENT AND INFORMATION MADE AVAILABLE ON THIS WEBSITE ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY Blue Moon Bell LLC AND ITS AFFILIATES.
Limitation of Liability. IN NO EVENT SHALL Blue Moon Bell LLC’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL Blue Moon Bell LLC OR ITS AFFILIATES BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, Blue Moon Bell LLC, INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE THIS WEBSITE OR FOR ANY CONTENT, MATERIALS, OR OTHER INFORMATION OBTAINED FROM OR THROUGH Blue Moon Bell LLC, OR FOR ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF Blue Moon Bell LLC OR ITS AFFILIATES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential, or certain other types of damages, so the exclusions set forth above may not apply to you.
Internet Delays. USE OF THIS WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. Blue Moon Bell LLC IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Links to Third Party Sites. This Website contains links to third party sites. These links are provided for convenience purposes and are not under the control of Blue Moon Bell LLC. If you choose to link to such third party websites, Blue Moon Bell LLC makes no warranties, either expressed or implied, concerning the content of such sites, including the operations, programming, and conduct of transactions over such sites. Blue Moon Bell LLC does not warrant that such sites or content are free from any claims of copyright or other infringement or that such sites or content are devoid of viruses. Blue Moon Bell LLC disclaims all liability of any kind whatsoever arising out of your use of, or inability to use, such third party websites, the use of your information by such third parties, and the security of information you provide to such third parties.
Domestic Use Only. Blue Moon Bell LLC’s Products are available to you only in the United States, its territories, and possessions, and Canada. You agree not to use or attempt to use our Products from outside these locations. If you use our Products from outside the United States of America, Switzerland, and/or the European Union, you are solely responsible for compliance with all applicable laws, including, without limitation, export and import regulations of other countries. Any diversion of any content, information, or materials available on this Website contrary to United States, Swiss, or European Union (including European Union Member States) law is prohibited. Blue Moon Bell LLC may use technologies to verify your compliance.
IV. CONTENT AND COPYRIGHT OWNERSHIP
A. Copyright and Limited License
Unless otherwise indicated, this Website and all content and other materials therein, including, without limitation, the Blue Moon Bell LLC logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of Blue Moon Bell LLC or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use this Website and Site Materials for personal, informational, and shopping purposes only. Such license is subject to the Terms of Service and does not include: (a) any resale or commercial use of this Website or Site Materials; (b) the collection and use of any product listings, pictures, or descriptions; (c) the distribution, public performance, or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of this Website and the Site Materials, or any portion thereof; (e) use of any data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of this Website, the Site Materials, or any information contained therein, except as expressly permitted on this Website; or (g) any use of this Website or the Site Materials other than for its intended purpose. Any use of this Website or Site Materials other than as specifically authorized herein, without the prior written permission of Blue Moon Bell LLC, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring in any manner, whether by implication, estoppel, or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
B. Digital Millennium Copyright Act (“DMCA”) Notice
If you believe any material available via this Website infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Blue Moon Bell LLC / Attn: Customer Care / firstname.lastname@example.org
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as a result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
In accordance with the DMCA and other applicable law, Blue Moon Bell LLC has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. Blue Moon Bell LLC may also, in its sole discretion, limit access to this Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
C. Third Party Site Materials
Blue Moon Bell LLC may provide third party content on this Website and links to web pages and content of third parties (collectively, “Third Party Site Materials”) as a service to those interested in this information. We do not control, endorse, or adopt any Third Party Site Materials and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Blue Moon Bell LLC is not responsible or liable in any manner for any Third Party Site Materials and undertakes no responsibility to update or review such Third Party Site Materials. You agree to use such Third Party Site Materials contained therein at your own risk.
D. Advertisements and Promotions; Third-Party Products and Services
Blue Moon Bell LLC may display advertisements and promotions from third parties on this Website or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. Blue Moon Bell LLC is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-Blue Moon Bell LLC advertisers or third party information on this Website.
V. SUBMISSION OF IDEAS
You can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information about Blue Moon Bell LLC, this Website, and our Products (collectively, “Ideas”). Ideas, whether posted to this Website or provided to Blue Moon Bell LLC by email or otherwise are entirely voluntary, non-confidential, gratuitous, and non-committal. Blue Moon Bell LLC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.
You are granted a limited, non-exclusive right to create text hyperlinks to this Website for noncommercial purposes, provided such links do not portray Blue Moon Bell LLC in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit, or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use Blue Moon Bell LLC’s logo or other proprietary graphics to link to this Website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Blue Moon Bell LLC trademark, logo, or other proprietary information, including the images found at this Website, the content of any text or the layout/design of any page or form contained on a page on this Website without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Blue Moon Bell LLC or any third party.
Blue Moon Bell LLC makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of embedded content, third-party websites accessible via hyperlink, or websites linking to this Website. Such sites are not under the control of Blue Moon Bell LLC and Blue Moon Bell LLC is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. Blue Moon Bell LLC and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement, or adoption by Blue Moon Bell LLC of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Website.
Please refer to our linking policy for additional information.
In the course of providing Products and information via this Website, Blue Moon Bell LLC will deliver to you content, materials, and other information that is confidential, proprietary to Blue Moon Bell LLC, or which constitutes a “trade secret” of Blue Moon Bell LLC (“Confidential Information”). You agree that you will hold all Confidential Information in trust for Blue Moon Bell LLC, that you will not publish, disseminate, or otherwise disclose Confidential Information to any person, firm, or entity, and that you will not use Confidential Information to compete with Blue Moon Bell LLC or in any other way detrimental to Blue Moon Bell LLC. Without limiting the generality of the foregoing, “Confidential Information” includes any and all information relating to Blue Moon Bell LLC’s Products, information (whether in written or electronic form) delivered to you in the course of selling Products or rendering services to you, Site Materials, trade secrets, marketing and business plans, strategies, vendors, customers, management and personnel, but does not include information in the public domain other than by reason of a breach of this Agreement. In the event you receive a subpoena or court order to disclose any Confidential Information, you will deliver prompt written notice to Blue Moon Bell LLC and will cooperate with our attempts to obtain a protective order or other similar protection for the Confidential Information. This provision shall survive any termination for a period of five (5) years.
Notwithstanding any of these Terms of Service, Blue Moon Bell LLC reserves the right, without notice and in its sole discretion, to terminate your license to use this Website and to block or prevent your future access to, and use of, this Website.
X. USAGE BY CHILDREN AND MINORS
Blue Moon Bell LLC cannot prohibit minors from visiting this Website. Blue Moon Bell LLC must rely on parents, guardians, and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase.
XI. APPLICABLE LAW
These Terms of Service and this Website are created and controlled by Blue Moon Bell LLC, a limited liability company organized in the State of Virginia, U.S.A. As such, the laws of the State of Virginia, U.S.A., will govern these Terms of Service, without giving effect to any principles of conflicts of laws. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Virginia, U.S.A., and of the United States of America located in the State of Virginia, U.S.A., for any litigation arising out of or relating to use of or purchase made through Blue Moon Bell LLC (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the courts of the State of Virginia, U.S.A., and agree not to plead or claim in any court of the State of Virginia, U.S.A., that such litigation brought therein has been brought in an inconvenient forum.
XII. MODIFICATION OF TERMS
Blue Moon Bell LLC may update these Terms of Service. You are responsible for regularly reviewing these Terms of Service. Continued use of Blue Moon Bell LLC after any such changes shall constitute your irrevocable and unconditional consent to such changes.
Blue Moon Bell LLC may give notice by means of a general notice on this Website, or electronic mail to your e-mail address on record in Blue Moon Bell LLC’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Blue Moon Bell LLC’s records relating to our clients. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).
The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
No joint venture, partnership, employment, or agency relationship exists between you and Blue Moon Bell LLC as a result of these Terms of Service. The failure of Blue Moon Bell LLC to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Blue Moon Bell LLC in writing.
These Terms of Service, together with any applicable policies, comprise the entire agreement between you and Blue Moon Bell LLC and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein.