Warranty & Return Policy

RETURNS & WARRANTY

If you are not completely happy with your Bluesmart, we’ll gladly take it back within thirty (30) days after your purchase, no questions asked.

Your Bluesmart comes with a two-year warranty for electronics, materials and body.

 

CUSTOMER SUPPORT

Please reach out to us for anything regarding your Bluesmart Products. Our team is always ready to assist.

+1 (888) 313-9677

support@bluesmart.com

 

COMPLIANCE

Your Bluesmart is FAA-, TSA- and DOT-compliant for carrying on and checking in. The lock is TSA accepted, and the Lithium-Ion battery has been certified according to UN/DOT 38.3 requirements. In the rare case your Bluesmart Product is flagged by airport security, there is a sticker located at the bottom of your bag with full battery specs and compliance.

BLUESMART LIMITED WARRANTY AND RETURN POLICY

Bluesmart’s warranty obligations for this product are limited to the terms set forth below.

 

BLUESMART RETURN POLICY – GENERAL TERMS

Bluesmart will accept returns on any products purchased directly from Bluesmart.com within thirty (30) days of the delivery date.  For all returns accepted by Bluesmart, you will receive a refund based on your original form of payment.

To return an item, you must first request a return authorization by emailing us at support@bluesmart.com. To be eligible for a return, your item must be in the same condition that you received it. It must also be in the original packaging. We will not refund or exchange any product that is damaged or missing parts for reasons not due to our error.

To process your return, we require a receipt or proof of purchase. If your return authorization is approved, Bluesmart will provide you a shipping label for the purpose of returning the Bluesmart product, provided your shipping address is located within the Continental United States (excluding Alaska, Hawaii and U.S. Territories and Outlying Areas). If you are located outside of the Continental United States, you are responsible for returning the Product to Bluesmart, as well any associated costs.

Bluesmart reserves the right to deny refunds for a returned item that does not comply with this policy.

If you need any assistance or have questions about our return policy, you can contact us by emailing us at support@bluesmart.com.

 

BLUESMART WARRANTY – GENERAL TERMS

Bluesmart guarantees to you, the original purchaser, that the products which you have purchased directly from Bluesmart (the “Product(s)”), are in conformance with the applicable Bluesmart specifications current at the time of manufacture for a period of time from the date of purchase of the Product(s) (the “Warranty Term”).

The Warranty Term starts at the time the Product(s) is first received by the first end-user. The Product may consist of several different parts and each different part may be covered by a different Warranty Term.

Bluesmart warrants this Product against any defects in materials and workmanship under normal use for a period of TWO (2) YEARS from the date of retail purchase by the original end-user purchaser (the “Comprehensive Warranty Period”).

Further, Bluesmart warrants this Product against defects in the material and workmanship of any non-electronic components of the Product (as defined below) under normal use for a period of TWO (2) YEARS from the date of retail purchase by the original end-user purchaser (the “Material and Workmanship Warranty Period”).

For the purposes of the Material and Workmanship Warranty Period, non-electronic components shall include the Product’s wheels, handles, zippers, latches and other similar components.

During these Warranty Periods, if a covered defect arises, and you follow the instructions for returning the Product, we will, at our option, either (i) repair the Product at no charge using either new or refurbished parts, (ii) replace the Product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original Product, or (iii) refund the purchase price of the Product.

No Bluesmart reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

A replacement product assumes the remaining warranty of the original Product or thirty (30) days from the date of replacement or repair, whichever provides longer coverage for you.

When a Product is exchanged, any replacement item becomes your property and the replaced item becomes Bluesmart’s property. When a refund is given, the Product for which the refund is provided must be returned to Bluesmart and becomes Bluesmart’s property.

 

EXCLUSIONS & LIMITATIONS

This warranty applies only to genuine Bluesmart Products manufactured by or for Bluesmart. Bluesmart will determine, at its sole discretion, whether a product is a genuine Bluesmart Product. Any genuine Bluesmart Product in which the Bluesmart logo or any other identifying information, such as a serial or product ID number, has been removed, altered or defaced, is not covered under this warranty. Bluesmart’s responsibility for defects is limited to repair or replacement service as determined by Bluesmart in its sole discretion.

The Comprehensive Warranty Period and the Material and Workmanship Warranty Period (collectively, the “Warranty Period(s)”) shall only apply to Products that are damaged due to normal use, or are otherwise defective in materials or workmanship, including any structural defects (such as defective handles, zippers, or locks) or electronic defects (such as defective software or batteries) as applicable for the relevant Warranty Period. Bluesmart does not warrant that the operation of the Product will be uninterrupted or error-free. Bluesmart is not responsible for damage arising from failure to follow instructions relating to the Product’s use. This warranty does not apply to: (a) damage caused by use with unapproved non-Bluesmart products;  (b) damage caused by accident, abuse, neglect, misuse (such as transportation of unusual items), abrasion, flood, fire, earthquake, liquid exposure (including exposure to solvents, acids, bases, or water), extreme heat, extreme cold or other external causes; (c) damage caused by operating the Product outside the permitted or intended uses described by Bluesmart; (d) damage caused by service performed by anyone who is not a representative of Bluesmart or otherwise authorized by Bluesmart to service Bluesmart products; (e) a Product or part that has been modified without the written permission of Bluesmart; (f) cosmetic damage, including but not limited to scratches, dents, cracks, breaks, fissures or detachments;  (g) diminished performance or failure of any batteries due to normal and/or extended use, unless damage has occurred due to a defect in materials or workmanship; or (h) any non-Bluesmart products, even if packaged or sold with Bluesmart Products, (i) transport damage (by airlines for example), (j) normal wear and tear, (k) cosmetic damage (such as scratched leather or stained fabric), and (l) direct, consequential or incidental damages related to such a data breach, including damages related to identity theft, theft of payment information, discovery by third parties of identity, location or other personal information, or any other damages related to a breach of data security.

Except as provided in this warranty and to the extent permitted by law, Bluesmart is not responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory.  This includes incidental travel related losses due to Product failure, such as replacement cost of clothing or other valuables, airline or hotel change fees, meals, transportation, or any other incidental costs related to the loss or damage of Bluesmart Products in transit. In addition, Bluesmart explicitly waives all liability for loss of use; loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; or any indirect or consequential loss or damage howsoever caused including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with Bluesmart Products and any failure to maintain the confidentiality of data stored on the Product. The foregoing limitation shall not apply to death or personal injury claims, or any statutory liability for intentional and gross negligent acts and/or omissions. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

This warranty gives you specific legal rights, and you may also have other rights which vary according to your jurisdiction.  All express and implied warranties, including but not limited to any implied warranties and conditions of merchantability and fitness for a particular purpose, are limited in time to the term of the applicable Warranty Period.  No warranties, whether express or implied, will apply after the expiration of the Material and Workmanship Warranty Period.  Some jurisdictions do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you.

 

OBTAINING WARRANTY SERVICE

Please access and review the online help resources at http://support.bluesmart.com/ before requesting warranty service. If the Product is still not functioning properly after making use of these resources, please contact the Bluesmart representatives at http://support.bluesmart.com/ or email us at support@bluesmart.com. A Bluesmart representative will help determine whether your Product requires service and, if it does, will inform you how Bluesmart will provide it. You must assist in diagnosing issues with your Product and follow Bluesmart’s warranty processes.

In order to obtain warranty service for any Product, you must first contact Bluesmart by one of the above mentioned methods, and obtain authorization to return the Product.  You must then return the defective Product together with proof of purchase to the address specified by Bluesmart customer service at the time of the return authorization. In the event your return is approved, Bluesmart will provide you a shipping label for the purpose of returning the Product, provided your shipping address is located within the Continental United States (excluding Alaska, Hawaii and U.S. Territories and Outlying Areas). If you are located outside of the Continental United States, you are responsible for returning the Product to Bluesmart, as well as any associated costs.

Before sending your Product to Bluesmart, you must backup all data present on your device.  Bluesmart is not responsible for any loss of data or information that occurs when processing your return. Upon repairing or replacing said Product, or issuing a refund, Bluesmart will ship to you the repaired product, replacement product, or refund check at Bluesmart’s sole cost for all returns made within the Continental United States.  You may be liable for any additional charges for return requests outside the Continental United States.  If Bluesmart determines that the damage to the Product was not due to a manufacturing or design defect but rather to your own misuse, or the Product is otherwise not covered under this warranty, then you are responsible for the return shipping of the item.  Bluesmart will promptly inform you if the damaged Product is not covered by this warranty as well as the estimated cost for return shipping.  You will then have 30 days to issue payment for return shipping, or the damaged Product will be discarded. All decisions regarding applicability of this warranty are subject to Bluesmart’s sole discretion.

All limitations present in this Warranty Agreement are valid unless they violate the laws of your local jurisdiction.

 

SOFTWARE SUPPORT

Bluesmart is committed to remaining on the cutting edge of technology in this industry.  As such, it may become necessary for us to discontinue use of the operating system and/or software found in your Product as newer technology becomes available. Bluesmart will offer software support for either a minimum of 5 years from the date of a Product’s general availability, or for 2 years after the successor product (N+1) is released, whichever is longer.

 

GOVERNING LAW & ARBITRATION

This warranty shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any claim or dispute in connection with this warranty shall be settled by binding arbitration administered by the American Arbitration Association. The number of arbitrators shall be 1. The place of arbitration shall be San Francisco, California. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.

If the foregoing arbitration clause does not apply for any reason, you agree to submit to the personal jurisdiction of the state courts located within San Francisco County, California and the federal courts in the Northern District of California for the purpose of litigating all such claims or disputes, which courts shall have exclusive jurisdiction of such claims or disputes. Notwithstanding the foregoing, Bluesmart may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

 

NATIONAL OR REGIONAL STATUTORY RIGHTS

Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing EC Directive 99/44. These rights are not affected by the warranties in this Limited Warranty. In all other respects, the terms of this Limited Warranty shall apply.

 

BLUESMART TERMS OF SERVICE

Effective Date: September 1, 2017

 

GENERAL CONDITIONS

At Bluesmart Inc. (the “Company,” “Bluesmart,” “us,” “we,” or “our”), we strive to offer our customers the best possible experience while using our Bluesmart website (“our Site”) and our Bluesmart app (“our App”). With that in mind, however, it should be noted that we offer use of our Site and our App to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By using our Site, downloading or using our App, or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

Please read these Terms of Service carefully before accessing or using our Site or downloading or using our App. If you do not agree to all the terms and conditions of this agreement, then you may not access our Site or use or download our App. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to our Site or our App shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service at any time. It is your responsibility to check this page periodically for changes. Your continued use of or access to our Site or our App following the posting of any changes constitutes acceptance of those changes.

By agreeing to these Terms of Service, you represent that you are at least 18 years old. You agree that you will not use our products, our Site, or our App for any illegal or unauthorized purpose nor to violate any laws in your jurisdiction (including but not limited to copyright laws).  You also agree that you will not transmit any worms or viruses or any code of a destructive nature on our Site or our App.

A breach or violation of any of the Terms may result in an immediate termination of your access to our Site or our App.

 

PERSONAL INFORMATION

Your submission of personal information through our Site or our App is governed by our Privacy Policy, available at www.bluesmart.com.  This Privacy Policy is hereby fully incorporated into these Terms of Service by reference.

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Occasionally there may be information on our Site or our App that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We are not responsible if information made available on our Site or our App is not accurate, complete or current. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any such information is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information, including without limitation, pricing information, except as required by law. No specified update or refresh date should be taken to indicate that all information on our Site or our App has been modified or updated.

We undertake all efforts to ensure that our products are compliant with the regulations of major airlines and government authorities, including the TSA.  However, in the event that our products are now or hereafter deemed non-compliant by one or more airlines or government authorities, we are not liable for said non-compliance. The material on our Site and our App are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Any reliance on the material on our Site or our App is at your own risk.

We reserve the right to modify the contents of our Site or our App at any time, but we have no obligation to update such contents. You agree that it is your responsibility to monitor changes to our Site and our App.

 

PRODUCT OFFERINGS AND PRICES

We have made every effort to display as accurately as possible the color and images of our product that appear on our Site or our App. We cannot guarantee that your computer or mobile device’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales and distribution of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or use of any services that we offer.

The final price charged to you for our products will include all taxes and duties related to your purchase, provided that you are located in the United States, the European Union, Norway, or Switzerland.  If you are located outside of these jurisdictions, you may be liable for the payment of taxes and duties upon receipt of our product(s).

All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any of our products or services.

 

ORDERS AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same PayPal or Stripe account, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site or through our App. You agree to promptly update your account and other information, including your email and home addresses, so that we can contact you as needed.



USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such submissions that you forward to us. We are and shall be under no obligation: (1) to maintain any submissions in confidence; (2) to pay compensation for any submissions; or (3) to respond to any submissions.

We may, but have no obligation to, monitor, edit or remove submissions that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation our Site or our App. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any submissions. You are solely responsible for any submissions you make and their accuracy. We take no responsibility and assume no liability for any submissions posted by you or any third-party.

Please be aware that any submissions you communicate to us, whether through our Site, our App, or otherwise, will be treated as non-confidential and non-proprietary.  All rights, title and interest in such submissions shall be the exclusive property of Bluesmart with no compensation to you, and we may use such submissions in any way, without limitation, without compensation to you. To be clear, we have the right but not the obligation to monitor, decline, translate, modify, reformat, edit, distribute, derive, remove, transmit, display and perform, publicly or otherwise, all or any portion of any submissions in any media now known or hereafter developed for our business purposes and to sublicense the foregoing rights, through corporate structures to the maximum extent permitted by applicable law. The foregoing licenses shall survive termination of these Terms of Service for any reason.

Additionally, you acknowledge and agree that we may have something similar to any ideas or concepts in your submissions already under consideration or in development.  If you choose to make any of your personally identifiable or other information publicly available in a submission, you do so at your own risk. However, any personal data, such as your name, address, telephone number or email address, which you transmit to our site electronically, shall be used in accordance with our Privacy Policy.

 

INTELLECTUAL PROPERTY

Our Site, our App, and all of their respective contents, including, but not limited to, all designs, texts, graphics, and the selection and arrangement thereof (“Content”), are our copyright with all rights reserved unless otherwise noted. Any Content that is a trademark, logo or service mark is also a registered and/or unregistered trademark of Bluesmart or others. Your use of any Content, except as provided in these Terms of Service, without the prior written permission of the Content owner is strictly prohibited. You are also advised that the Bluesmart will aggressively enforce its intellectual property rights to the fullest extent of the law.  

You may not copy, use or retransmit anything from or on our Site or our App without permission. Any commercial or promotional distribution, publishing or exploitation of our Site, our App, or any of their respective content, code, data or materials thereon is strictly prohibited. You are prohibited from engaging in any conduct that interferes with the technological operation of our Site or our App, or that tampers with any copyright protection applicable therein. Ignoring this policy may result in copyright, trademark or other intellectual property violations.

Our site and our App also include protectable service marks, trademarks and trade dress owned and/or licensed by the Bluesmart and its affiliates.  Any use of our service marks, trademarks or trade dress including, reproduction for purposes other than those noted above, modification, distribution, or republication, without the prior written permission of Bluesmart, is strictly prohibited. All trademarks not owned or exclusively licensed Bluesmart and its affiliates that appear on the site are the property of their respective owners.

Some of the products shown on our Site and our App are covered by one or more pending patent applications.

 

THIRD PARTY LINKS

Certain content, products and services available on our Site or our App may include materials from third-parties.

Third-party links on our Site or our App may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using our Site, our App, or their respective content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property or privacy rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of our Site or our App for violating any of the prohibited uses.

Furthermore, you agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses our Site or our App in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web or mobile browser.  

Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.  We reserve the right to revoke these exceptions either generally or in specific cases.

 

PARENTAL CONTROLS

Pursuant to 47 U.S.C. § 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the following web site: http://www.stayafe.org.

 

DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free, or that the information provided by our Site, our App, or our products will be accurate or reliable.

You agree that from time to time we may remove, suspend or cancel some or all of the products or services that we offer for indefinite periods of time, without notice to you.

You expressly agree that your use of, or inability to use, our products or services is at your sole risk. All products and services delivered to you through our Site and our App are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.  Because some jurisdictions do not permit the exclusions of certain warranties some of these exclusions may not apply to you.

In no case shall Bluesmart, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our products or services, or for any other claim related in any way to your use of our products or services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Bluesmart and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our products, our services, our Site, or our App.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site or our App (or any part thereof).  

Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in our  sole discretion and that we shall not be liable to you or any third party for any termination of your access to the site.  Upon any such termination, your right to use our Site or our App will immediately cease.  You agree that neither the site nor Bluesmart will be liable to you or any third party for any termination of your access to the site or to any information or files, or will be required to make such information or files available to you after any such termination.

 

VOID WHERE PROHIBITED

Although this site is accessible worldwide, not all services discussed or referenced in this website are available to all persons or in all geographic locations or jurisdictions. We reserve the right to limit the availability of this site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.

 

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms of Service, or the relationship between you and Bluesmart, shall be brought exclusively in the courts located in the county of San Francisco, the U.S. District Court for the Northern District of California. You and Bluesmart agree to submit to the personal jurisdiction of the courts located within the county of San Francisco, California, and agree to irrevocably waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.  In addition, you expressly waive any right to a jury trial in any legal proceeding against Bluesmart or our respective officers, members, directors, employees, agents or successors under or related to these Terms of Service.

 

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at www.bluesmart.com/terms

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@bluesmart.com.