Terms Of Use
ELECTRONIC COMMUNICATIONS
When you visit our site 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 our 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 Blue Gobi LLC 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 Blue Gobi LLC and protected by U.S. and international copyright laws. All software used on this site is the property of Blue Gobi LLC or its software suppliers and protected by United States and international copyright laws.
LICENSE AND SITE ACCESS
Blue Gobi LLC 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 Gobi LLC. 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 Blue Gobi LLC. 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 BlueGobi.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing Blue Gobi's name or trademarks without the express written consent of Blue Gobi LLC. Any unauthorized use terminates the permission or license granted by Blue Gobi LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BlueGobi.com so long as the link does not portray BlueGobi.com, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BlueGobi.com logo or other proprietary graphic or trademark as part of the link without express written permission.
PRIVACY
Please review our Security & Privacy Policy
YOUR 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. Blue Gobi does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use BlueGobi.com only with involvement of a parent or guardian. Blue Gobi reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
COPYRIGHT COMPLAINTS
Blue Gobi respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at Info@BlueGobi.com.
RISK OF LOSS
All items purchased from Blue Gobi 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 carrier.
PRODUCT DESCRIPTIONS
Blue Gobi attempts to display as accurately as possible all of our products that appear at the Site. However, Blue Gobi does not warrant that product pictures or descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Colors may appear different in different light and as many of our products are handmade some variation from the picture and description is expected. If for any reason after receipt of a product you are dissatisfied please return the item unused. Please see our Return Policy and Satisfaction Guarantee.
AVAILABILITY
As many of our products are made by small producers, many of these products are only available in limited quantities or require large production lead times. Our second and third world providers in particular may have significant delays in getting the raw materials in a timely manner or shipped to us quickly. When an item is no longer available we make every attempt to remove it from the site immediately. If an item is currently on back order, we make every attempt to include this information with the item on the site.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Blue Gobi LLC., its officers, directors, employees, agents, affiliates, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
PRICE
Except where noted otherwise, the Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere.
With respect to items sold by Blue Gobi, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items on our website may be mispriced. If an item's correct price is higher than our stated price, you will either be contacted for instructions before shipping or your order canceled and a notice sent to you informing you of the cancellation.
Please note that this policy applies only to products sold and shipped by Blue Gobi.
USERS UNDER 18
This Site is not intended for or directed to persons under the age of 18. BlueGobi.com does not sell products for purchase by children. BlueGobi.com sells children's products for purchase by adults. By registering with this web site, purchasing products from BlueGobi.com or providing BlueGobi.com with any information, you represent to BlueGobi.com that you are 18 years of age or older and that any information you provide to BlueGobi.com about a third party is for a third party that is 18 years of age or older.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY BLUE GOBI ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BLUE GOBI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BLUE GOBI DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLUE GOBI DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM BLUE GOBI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLUE GOBI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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 BlueGobi.com, you agree that the laws of the state of Utah, 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 Blue Gobi.
DISPUTES
Any dispute relating in any way to your visit to BlueGobi.com or to products or services sold or distributed by Blue Gobi or through BlueGobi.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Salt Lake County, Utah, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to BlueGobi.com. 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.
OUR ADDRESS
Blue Gobi LLC
P.O. Box 581203
Salt Lake City, UT 84158-1203
http://www.BlueGobi.com