BLUESTONEGARDEN.COM is dedicated to providing visitors to this site with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users. We have developed these terms of service to govern your use of BLUESTONEGARDEN.COM, and we, along with our affiliates, partners and advertisers, provide content and services to you subject to the following conditions. Your use of our site tells us you have read and agreed to these Terms of Service. Please read them carefully. This Terms of Service is a binding contract between you and The Dillon Group – BlueStone Garden regarding your use of BLUESTONEGARDEN.COM. If you do not agree with any of these terms, please exit BLUESTONEGARDEN.COM.
ELECTRONIC SIGNATURES EFFECTIVE
The consumer acknowledges and agrees that the provisions related to electronic records, electronic transactions and electronic signatures shall be binding upon the parties in accordance with the Electronic Transactions Act 2000 and 2003. By selecting the "I Agree" check box consumer accepts the terms of this agreement by electronic record and/or electronic signature.
Copyright. All of the information, content, products, services and software displayed on, transmitted through, or used in connection with BLUESTONEGARDEN.COM, including for example directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by BlueStone Garden ("BSG"), and its affiliated companies, licensors and suppliers. BlueStone Garden actively protects its rights to the Content to the fullest extent of the law. You may not use such material except as provided in these Terms of Service.
You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without the written consent of BSG.
Requests to use of the Content for any purpose other than as permitted in this paragraph should be directed to BlueStone Garden at (763) 746-7830. In certain cases, you may be able to obtain a license to use individual stories that appear on BLUESTONEGARDEN.COM through an online vendor we have specifically designated as authorized to license Content on our behalf. If we have authorized a third party vendor to grant you a license to any Content, we will tell you that directly in the portion of the Content you may license. If you do not see our express authorization, you should assume no third party has the right to allow you to use the Content.
Copyright Complaints. BLUESTONEGARDEN.COM respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on BLUESTONEGARDEN.COM, please contact us at the address listed under the heading "Contact Us."
Trademarks. The Content includes logotypes, trademarks and service marks (collectively "Marks") owned by BSG and its affiliated companies, and Marks owned by other information providers and third parties. For example, BLUESTONEGARDEN.COM is a trademark of BSG. No Marks may be used in any manner unless approved in advance by BLUESTONEGARDEN.COM.
Links to, and frames of, BLUESTONEGARDEN.COM. If you operate a Web site and wish to link to BLUESTONEGARDEN.COM, you may link only to the home page, www.BLUESTONEGARDEN.COM, and not to any other page or subdomain of BLUESTONEGARDEN.COM. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of BLUESTONEGARDEN.COM without our express written consent. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through BLUESTONEGARDEN.COM, not to insert any code or product or manipulate the content of BLUESTONEGARDEN.COM in any way that affects the user’s experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of BLUESTONEGARDEN.COM. Any web sites that are accessible via links included within the bluestonegarden.com Service that take you out of the bluestonegarden.com Service are not under bluestonegarden.com's control and bluestonegarden.com shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage you to read those policies and know your rights under any web site you visit.
If you become a Member of BLUESTONEGARDEN.COM, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your Membership or any Membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access BLUESTONEGARDEN.COM using your name in whole or in part. BLUESTONEGARDEN.COM reserves the right to terminate Membership and deny access to the site to any person who violates this Terms of Service.
Security. You are solely responsible for maintaining the confidentiality of your password and account, and for any and all activities that occur under your account. You may change your password or any other account information at any time by going to your My Account page once you have logged in. You may also set up a new account at your convenience. You agree to notify bluestonegarden.com immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform bluestonegarden.com of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a user account or password. Until bluestonegarden.com is notified of a breach in security, you will remain liable for any unauthorized use of the bluestonegarden.com Service through your account. In consideration for using the bluestonegarden.com, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or in your My Account is inaccurate, bluestonegarden.com reserves the right to terminate your account immediately and your right to use bluestonegarden.com.
Termination. You may terminate your participation in the bluestonegarden.com with or without cause at any time and effective immediately. bluestonegarden.com may terminate the bluestonegarden.com web site or your use of the web site with or without cause at any time and effective immediately, at bluestonegarden.com's sole discretion, by immediate termination of your use of the bluestonegarden.com should your conduct fail to conform to the terms and conditions of these Terms of Service. bluestonegarden.com shall not be liable to you or any third party for termination of the bluestonegarden.com or termination of your use of the bluestonegarden.com. Should you object to any terms and conditions of the Terms of Service or any subsequent modifications bluestonegarden.com makes to the Terms of Service or become dissatisfied with the bluestonegarden.com in any way, your only recourse is to immediately: (1) discontinue use of the bluestonegarden.com; and (2) notify bluestonegarden.com of your termination and, at your discretion, notify bluestonegarden.com of the reasons for your termination. Upon termination of your use of the bluestonegarden.com, your right to use the bluestonegarden.com shall cease immediately. You shall have no right and bluestonegarden.com will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf.
User-Created Content. By placing material on, or communicating with, BLUESTONEGARDEN.COM, including for example communication during registration, communication on any BLUESTONEGARDEN.COM bulletin board or message or chat area, posting any photograph, entering any sweepstakes, etc., you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms of Service, and that it will not cause injury to any person or entity. You grant BSG, its affiliates and related entities, including BLUESTONEGARDEN.COM, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide to us, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize BSG to include the information you provide in a searchable format that may be accessed by users of BLUESTONEGARDEN.COM and other BSG Web sites. You also grant BSG and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant BSG the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
Please note that BLUESTONEGARDEN.COM does not accept unsolicited materials or ideas for use or publication. BLUESTONEGARDEN.COM is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to BLUESTONEGARDEN.COM.
No Spamming. You must not use any feature of the bluestonegarden.com Service for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An email advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by bluestonegarden.com. If you use any feature of the bluestonegarden.com Service for the purpose of sending Spam, bluestonegarden.com reserves the right to immediately terminate your access to the bluestonegarden.com Service and to seek appropriate legal recourse as necessary. If you believe that other users are using the bluestonegarden.com Service for Spam, please notify bluestonegarden.com using the Report Abuse form that is available by clicking the "Report Abuse" link under a user's product review.
Other Specifics About Interactive Areas (Message Boards, Chat Areas, etc.). BLUESTONEGARDEN.COM bulletin boards, chat rooms and other such interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. Given the nature of BLUESTONEGARDEN.COM and the volume of messages and postings, BLUESTONEGARDEN.COM cannot and does not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. BLUESTONEGARDEN.COM reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
Posting Rules. You are required to register with bluestonegarden.com if you want to write a review, create profiles of gift recipients, create and access your reminders, and view and edit your profile. In order to register with bluestonegarden.com you must supply a valid email address, which will be used as a unique identifier for your account, and a password. Interactive areas, discussion boards, chat rooms, etc., are intended to encourage public debate. We expect people to differ - judgment and opinion are subjective things and we encourage freedom of speech and a marketplace of ideas. But by using these areas of BLUESTONEGARDEN.COM, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. Decisions as to whether content violates any Posting Rule will be made by BLUESTONEGARDEN.COM in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our site. When using BLUESTONEGARDEN.COM, please do not post material that:
WARNING: A VIOLATION OF THE FOREGOING GUIDELINES PROHIBITIONS MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
General Disclaimer and Limitation of Liability: While BLUESTONEGARDEN.COM uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. BLUESTONEGARDEN.COM does not represent or warrant that use of any Content, when authorized, will not infringe rights of third parties. In addition, in some cases, Content available on BLUESTONEGARDEN.COM may be provided and/or hosted by third parties. BLUESTONEGARDEN.COM has not reviewed all of the sites linked to BLUESTONEGARDEN.COM and is not responsible for the content of any off-site pages or links to or from any other sites. While BLUESTONEGARDEN.COM encourages such third parties to abide by these Terms of Service, BLUESTONEGARDEN.COM has no responsibility for actions of third parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF BLUESTONEGARDEN.COM IS AT YOUR OWN RISK. ALL CONTENT AVAILABLE THROUGH BLUESTONEGARDEN.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER SO, NOR ANY OF ITS AFFILIATED OR RELATED COMPANIES, OR ANY OF ITS OR THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING BLUESTONEGARDEN.COM, THE CONTENT, ANY ADVERTISING MATERIAL, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH SERVICES OR SITES. BLUESTONEGARDEN.COM MAKES NO WARRANTY THAT BLUESTONEGARDEN.COM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT BLUESTONEGARDEN.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES.
BLUESTONEGARDEN.COM CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. BLUESTONEGARDEN.COM DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE BLUESTONEGARDEN.COM. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
BLUESTONEGARDEN.COM SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING BLUESTONEGARDEN.COM WEB SITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH BLUESTONEGARDEN.COM, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH BLUESTONEGARDEN.COM. BLUESTONEGARDEN.COM ASSUMES NO RESPONSIBILITY, AND IS NOT 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, BLUESTONEGARDEN.COM OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM BLUESTONEGARDEN.COM.
IN NO EVENT SHALL BLUESTONEGARDEN.COM OR ANY OF THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BLUESTONEGARDEN.COM OR ANY OF THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
BY USING BLUESTONEGARDEN.COM YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY THE USE OF SUCH PRODUCTS, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE bluestonegarden.com FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS bluestonegarden.com, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY PRODUCTS PURCHASED BY WAY OF USING THE bluestonegarden.com WEBSITE. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING USER AT THE EVENTS.
Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, THE DILLON GROUP AND BSG, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF BLUESTONEGARDEN.COM; (B) BLUESTONEGARDEN.COM'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THIS AGREEMENT BY YOU.
International Users. BLUESTONEGARDEN.COM is controlled, operated and administered by The Dillon Group from its offices within the United States. BLUESTONEGARDEN.COM makes no representation that materials or Content available through BLUESTONEGARDEN.COM are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use BLUESTONEGARDEN.COM or export the Content in violation of U.S. export laws and regulations. If you access BLUESTONEGARDEN.COM from a location outside the United States, you are responsible for compliance with all local laws.
General Provisions. These Terms of Service shall be governed by and construed in accordance with the laws of the state of Minnesota, excluding its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts of the State of Minnesota, provided, however, that bluestonegarden.com, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to these Terms of Service through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in Minneapolis, Minnesota, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. bluestonegarden.com's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by bluestonegarden.com in writing. User and bluestonegarden.com agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in these Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance.
Miscellaneous: BSG reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of BLUESTONEGARDEN.COM after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Please note that your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.
BSG may modify, suspend, discontinue or restrict the use of any portion of BLUESTONEGARDEN.COM, including the availability of any portion of the Content at any time, without notice or liability. BSG may deny access to any person or user at any time for any reason. In addition, BSG (or BLUESTONEGARDEN.COM) may at any time transfer its rights and obligations under this Agreement to any BlueStone Garden affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires BSG, BLUESTONEGARDEN.COM or any of their assets.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to BLUESTONEGARDEN.COM must be filed in a federal or state court located in Saint Paul, Minnesota, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision and the remainder of the Agreement shall continue in full force and effect. Any failure of BLUESTONEGARDEN.COM to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to BLUESTONEGARDEN.COM, and all other provisions for which survival is equitable or appropriate.
Violation of Terms of Service by Other Users. bluestonegarden.com asks that you participate in ensuring that all users follow the terms of these Terms of Service by reporting any user reviews or other postings or messages that violate these terms. To report a violation of these Terms of Service, please email us at firstname.lastname@example.org.
Transactions with Organizations or Individuals. bluestonegarden.com shall not be liable for your interactions with any merchants, retailers and/or individuals found on or through the bluestonegarden.com Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such merchants, retailers and/or individuals. bluestonegarden.com is under no obligation to become involved in disputes between participants on the bluestonegarden.com Service, or between participants on the bluestonegarden.com Service and any third party.
This Terms of Service was last updated on February 6, 2014.