Terms and Conditions

1. Content; Copyright and Trademark Notice

All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork, and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to BlueAlly, Inc, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws.

2. Use & Disclosure of Your Personal Information

You must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of making any purchases of any products and/or services or conducting any transactions, you represent that you have first read these terms and conditions and consent to the collection, use, and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information. Information collected on this site will NEVER be shared nor sold to 3rd parties or anyone else outside of our organization.

• Please refer to our Privacy Policy for more information.

While BlueAlly, Inc takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL BLUEALLY INC OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER BLUEALLY, INC WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

3. Consent To Our Communication With You By E-Mail

Each time you make a purchase through our Site, you grant permission for BlueAlly, Inc to contact you at your e-mail address. To stop receiving our marketing emails, please follow the opt-out procedures set forth in such marketing emails.

4. Conditions of Sale and Payment Terms

Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.

5. Methods of Payment, Credit Card Terms, and Taxes

All payments must be made by VISA, MasterCard, American Express, or government credit cards (each of which may be removed by BlueAlly, Inc in its sole discretion). Net terms are also available for eligible customers and may be paid by check. We also accept wire transfer by request. Unless expressly set forth on this site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms, and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify BlueAlly, Inc of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If BlueAlly, Inc does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by BlueAlly, Inc or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use, or value-added taxes. BlueAlly, Inc shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and any other states or localities that it deems is required.

6. Leasing

We offer leasing options for purchasing your new product. Qualified customers will have the ability to lease their purchase with convenient and powerful financing options. You are provided with the flexibility, quick response, and simplicity you need with quality customer service during your financing term.

Why consider leasing? Advantages of leasing:

• Leasing provides total financing. Generally no down payments are required, and lessees pay no extraneous tax, delivery, warranty, or other miscellaneous costs. All costs associated with a purchase can be included in the lease, including delivery and installation.
• Leasing conserves working capital. Leasing leaves lines of credit at other financial institutions free for cash-flow purposes, investments, unsecured loans, or unexpected emergencies.
• Leasing overcomes budget limitations. Most companies are hampered by capital budget limitations from time to time. Leasing allows businesses to acquire new equipment with easily affordable rental payments.
• Leasing provides security against equipment obsolescence. Upgrade and trade-in options can easily be added to a lease agreement. In addition, there are no risks of equipment ownership, and lessees will never be required to resell or remarket obsolete equipment.
• Leasing can offer tax savings. When properly structured, monthly lease payments may be fully tax deductible as an operating expense. This savings results in a lower after-tax equipment cost. Contact us to discuss tax advantages applicable to your specific situation.
• Payments are a fixed cost. Monthly lease payments remain the same for the life of the lease, even if interest rates do not.
• Leasing provides a faster return on investment. Revenues or savings created as a result of the equipment during the first month often will be in excess of the monthly lease payment, thereby providing an immediate return on investment.
• The common thread is flexibility. Lease payments and terms may be structured based on a business’s particular need. Equipment leasing can be an extremely valuable financial tool for growing businesses staying competitive in today’s marketplace.

A minimum total purchase value is required for leasing options. Not all customers will qualify for the leasing program. Contact us to see if you qualify. Please note: All leasing options are provided by third-party equipment leasing companies.

7. Promotions, Promotional Gifts

Promotional items include any free items/gifts you receive with your order. Promotional items are only available on certain items, where stated. Promotions may be changed or revoked at any time. Promotional items may be shipped separately from your order via a different carrier and/or different service. Promotional items must be returned if you are returning your order (see return/exchange policy). Promotional items may not be offered in the case of a quoted discount price or where a cash discount is provided. Unless otherwise stated, all promotional items are only available at the website price.

8. Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. BlueAlly, Inc reserves the right at any time after receipt of your order to accept or decline your order for any reason. BlueAlly, Inc further reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by BlueAlly, Inc upon shipment of products or performance of services that you have ordered, or upon the completion of the license and delivery of a Digital Download, as indicated by our servers. Title to goods and all risk of loss passes to you upon delivery to the common carrier.

9. No Responsibility To Sell Mispriced Products Or Services

BlueAlly, Inc shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate, or refund, or containing any other incorrect information or typographical errors. BlueAlly, Inc shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, BlueAlly, Inc shall immediately issue a credit to your credit card account in the amount of the charge.

10. Modifications to Prices or Billing Terms

BLUEALLY, INC RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

11. Service and Support for Goods Sold

All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.

12. Indemnification

You agree to indemnify and hold harmless BlueAlly, Inc and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation, or third-party right.

13. Disclaimer of Warranties