www.bluespan.com: Checkout: Customer Agreement

Welcome to the ion-Kids.com Web Site ("Site"). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").

General:
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed.

We may change, move or delete portions of, or may add to, our Site from time to time.

Site Contents:
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Bluespan, LLC., and its subsidiaries and/or affiliates ("Bluespan" also referred to in these Terms of Use as "we", "us" or "our"). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Bluespan. Bluespan, ionKids, ionTechnology, and Wristag and all other Bluespan trademarks appearing at this Site are trademarks of Bluespan, LLC.

Bluespan grants you a non-exclusive, limited license to use the Site solely for the intended purpose of viewing information regarding our products and services in accordance with the terms of this Agreement. The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or any aspect of the Site. Any software used in or described by the Contents or the Site shall be the subject of a separate agreement signed by us..

User Comments, Feedback, Postcards and Other Submissions:
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Bluespan through any means (including through this Site and/or ionKids.com) (collectively, "Comments") shall be and remain Bluespan's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Bluespan of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Bluespan will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Bluespan is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

All information submitted by you through any web site operated by on behalf of Bluespan (including this Site and/or ionKids.com) will be treated in accordance with our Privacy Policy.

Bluespan's Communications To You:
If you are a customer, or if by your affirmative action you indicate to us your direct consent, you agree that Bluespan may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Bluespan's products or services, or for such other purpose(s) as Bluespan deems appropriate.

Product Information:
Bluespan products displayed at the Site are available in select retail stores in the United States. In some cases, merchandise displayed for sale at the Site may not be available in retail stores. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States. All products are subject to the detailed product descriptions and limited warranty information provided with each product.

Colors:
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Links To Other Web Sites And Services:
To the extent that this Site contains links to outside services and resources, the availability and content of those sites are not in Bluespan's control. Similarly, third parties may link to this Site with or without our permission. The existence of any link from this site to a third party site does not constitute an endorsement or recommendation by Bluespan of any information, goods or services. The existence of any link from a third party site to this Site does not have the effect of attributing any of the information on that site to Bluespan. In all cases, you should rely upon the sponsor or operator of a third party web site to verify the accuracy or truthfulness of any information contained therein.

Disclaimer and Limit of Liability:
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT BLUESPAN SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

BLUESPAN ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL BLUESPAN OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) OR (II) THE PERFORMANCE OR NON PERFORMANCE BY BLUESPAN OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

If, notwithstanding the foregoing, Bluespan or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of Bluespan and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) any subscription fee and service charge for accessing this site, or (b) US$100.00. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.

Inaccuracy Disclaimer:
From time to time there may be information on ion-Kids.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your ion-Kids.com purchase you may return it to Bluespan.

Indemnification:
You agree to defend, indemnify and hold Bluespan harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Miscellaneous:
Unless otherwise specified and except to the extent Bluespan's products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Bluespan's products and services available in the United States. In the event Bluespan must take action to enforce the terms of this Agreement, Bluespan may recover its attorneys fees and costs of litigation. You also agree that we may seek injunctive relief in a court of competent jurisdiction to protect our legal rights or enforce the terms of this Agreement, and you agree that in the event of a violation of this Agreement, we will not have an adequate remedy at law and that such relief is appropriate.

This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Texas, County of Travis and/or the District Courts of Texas.

Termination:
This Agreement is effective unless and until terminated. In its sole discretion, and in addition to any other rights or remedies available to Bluespan and without any liability whatsoever, Bluespan at any time and without notice may terminate or restrict your access to all or any component of this Site. We specifically reserve the right to deny access to robots, spiders or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Site pages, data or content found on this site, in any case without the prior written permission of Bluespan.