PLEASE READ THESE TERMS OF SERVICE (“Terms of Service” or “Terms”) CAREFULLY. This Terms of Service agreement contains important information regarding use of the BlueBarrel LLC Website, www.BlueBarrelSystems.com (“Website”), apps, and any interactive engagement provided, controlled and maintained by BlueBarrel, LLC ("BlueBarrel" , "we" or "us"), and limitations of liability. By using this Website, you agree to accept all the Terms of Service. If you disagree with any of these Terms, do not use this Website.
BlueBarrel reserves the right to modify these Terms of Service at any time, without prior notice, by posting an amended Terms of Service accessible through the Terms of Service link on this Website’s home page. Continued use of this Website following a modification notice or new Terms of Service constitutes binding acceptance of the terms of the modification or new Terms of Service.
III. Intellectual Property and Restrictions
BlueBarrel owns all the intellectual property rights and materials provided on this Website, all of which is protected by law including, but not limited to, United States copyright, trademark law and international treaties. You may not use any logo, trademark, or tradename that may be displayed on this Website or other proprietary image without prior written consent. You are granted a limited license only for purposes of viewing the material contained on this Website. You are not authorized to (i) publish, modify or make derivative works based off of BlueBarrel content; (ii) sell, sublicense and/or otherwise commercialize BlueBarrel’s products, services or content; or (iii) use this Website or its content in any way damaging to BlueBarrel or its interests. All rights not expressly granted in this Agreement are reserved by BlueBarrel.
IV. Links to the Website
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to this site, provided that the link does not portray BlueBarrel in a false, misleading, derogatory, or offensive matter.
V. Third Party Website Links
If, in the case where third-party websites link to this Website, BlueBarrel is not responsible for their content and does not represent that their content is accurate or appropriate.
VI. Online Purchases
YOU MAY NOT PURCHASE PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH BLUEBARREL, OR (C) ARE PROHIBITED, BY APPLICABLE LAW, FROM ACCESSING OR USING THIS WEBSITE, ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES.
B. Order Acceptance and Cancellation
Under these Terms of Service, your order is an offer to buy all products and services listed in your order. Any offer for any product or service made on this site is void where prohibited. Orders must be accepted by BlueBarrel, otherwise we are not obligated to sell you the products or services. At our sole discretion, we may choose not to accept orders even after sending a confirmation email with your order number and item details.
Prices and product availability are subject to change and may vary by location. The price for a product or service in effect at the time the order is placed will be the price charged and will be set out in the receipt. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to the merchandise total, and will be itemized on your order summary at checkout and in the corresponding receipt.
In case of any inadvertent typographical errors, inaccuracies or omissions related to pricing and availability, BlueBarrel reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders impacted by such occurrences.
D. Shipments and Delivery
Upon confirmation, BlueBarrel arranges for shipment of the products through third party providers and you will pay all shipping and handling charges. Shipping and handling charges cover the costs incurred in the processing, handling, packing, shipping, and delivery of your order.
Shipping and delivery dates are estimates and cannot be guaranteed. BlueBarrel is not liable for any delays.
Title of any products purchased passes to you upon our transfer of the products to the carrier/delivery service.
F. Returns and Refunds
CLEARANCE ITEMS are not eligible for return or refund.
REFUNDS: With the exception of CLEARANCE items and barrels (see terms below), unaltered RainKits™, Add-On Kits, tools and accessories can be returned within 30 days of purchase. Returned merchandise must be completely intact (in re-sellable condition) to qualify for refund. BlueBarrel will issue a refund for any merchandise returned intact. Shipping charges are a direct cost incurred and are non-refundable. All returns are taken by mail and must be postmarked within 30 days of purchase date. BlueBarrel does not cover the cost of return shipping. Please note: RainKits or other products that have missing, altered, or glued parts do not qualify for refunds.
BARRELS: On behalf of our participating barrel suppliers, and as is standard for the used barrel market, we maintain a no-return policy on barrels. Barrel sales are considered final at the time of purchase. Barrel Vouchers expire one year from issue date. Expired vouchers are not eligible for refund even if barrels were never claimed. Refund requests for unclaimed barrels must be received within 30 days of purchase date and are subject to approval by the barrel supplier.
GIFT CERTIFICATES are non-refundable once issued.
TO INITIATE A RETURN: send an email to firstname.lastname@example.org referencing your order number and the items you intend to return. We will give you a ship-to address and process your refund promptly after we determine that returned items are intact.
G. International Sales
International shoppers are responsible for all duties, taxes and charges. Please be prepared to manage these costs or the consequences of delay.
H. Disclaimer of Product Warranties
All products and services offered for sale on the Website are provided “as is” without any warranty whatsoever, including, without limitation, any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you.
VII. Disclaimer of Warranties
BlueBarrel cannot and does not guarantee or warrant that content will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures for anti-virus protection, accuracy of data input and output, and reconstruction of any lost data. BlueBarrel will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website, any services or by downloading any material posted on it, or on any Website linked to it.
Use of the Website, its content and any services, or items obtained through the website is at your own risk. The Website, its content, and any services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither BlueBarrel nor any person associated with BlueBarrel makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website. Without limiting the foregoing, neither BlueBarrel nor anyone associated with BlueBarrel represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free or uninterrupted; that defects will be corrected, that the BlueBarrel Website or its associated servers are free of viruses or other harmful components or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
BlueBarrel hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. If implied warranties may not be disclaimed under applicable law, then any implied warranties are limited in duration to the period required by applicable law. The inclusion, reference or links to any products or services on this Website does not constitute any endorsement or recommendation of such products or services.
VIII. Limitation of Liability
In no event shall BlueBarrel be liable to anyone, you or any third party, for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of, or relating to, or in connection with any breach of these Terms of Service, regardless of (a) whether such damages were foreseeable, (b) whether or not BlueBarrel was advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
BlueBarrel’s sole and entire maximum liability, for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the products and services you have ordered from BlueBarrel in the twelve (12) months preceding the claim.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from BlueBarrel gross negligence or willful misconduct and (B) death or bodily injury resulting from BlueBarrel’s acts or omissions.
IX. Prohibited Uses
The Website must only be used for lawful purposes and in accordance with these Terms of Service. Do not to use the Website:
- In violation of any applicable federal, state, local or international law or regulation.
- To make solicitations of any kind, by transmission of advertising or promotional material without BlueBarrel’s prior written consent, through junk mail, chain letters or spam.
- To impersonate BlueBarrel, its employees, or any other person or entity.
- To engage in any conduct that restricts or inhibits the use or enjoyment of others, or which harms BlueBarrel or Website users or exposes either to liability.
- To cause harm by disabling, overburdening, damaging, or impairing the Website or interfering with any other party’s use of the Website.
- With the deployment of any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the Website material.
- Through any manual process that monitors or copies Website material for unauthorized purposes.
- Through any devices, software or routine that interferes with the Website proper operation.
- To introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- To attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- To launch an attack via a denial-of-service attack or a distributed denial-of-service attack.
- Or otherwise attempt to interfere with the Website’s operations.
X. Force Majeure
BlueBarrel shall not be liable for damages arising out of causes beyond reasonable control and without fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, accidents, terrorist act, epidemic, pandemic, quarantine, civil commotion, communications failures, breakdown of web host, Internet disruptions, hacker attacks, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy.
To the fullest extent, you shall indemnify BlueBarrel from and against all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of these Terms of Service.
XII. DMCA Notice
Under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”) this Website maintains specific contact information, including an e-mail address, for notifications of claimed infringement regarding its content. All notices should be addressed to:
Subject Line: Notice of Claimed Infringement
Contact us with your notice of alleged infringement for an investigation. In your notice, please include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint. If posted material is believed in good faith to violate applicable law, it will be removed.
BlueBarrel may assign, transfer, and subcontract its rights and obligations under these Terms of Service without any notification to you. You are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
XIV. Dispute Resolution
Except for Section III, regarding actions to protect intellectual property rights, all disputes and claims arising under these Terms of Service that cannot be first settled amicably, shall then be submitted to a mutually agreeable mediator. In the event the matter cannot be disposed of by mediation, all claims and controversies of any kind relating to this Agreement shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Sonoma County, California, USA. The arbitrator shall apply the laws of the State of California to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties and may be entered in any court of competent jurisdiction for enforcement. Should an action be filed in contradiction to this provision, BlueBarrel may recover attorney’s fees and costs.
XV. Governing Law; Jurisdiction
These Terms of Service are governed by, and interpreted in accordance with, the laws of the State of California and you submit to the non-exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.
If any provision of these Terms of Service is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these Terms which shall continue in full force and effect, construed and enforced as if such provision had not been included or had been modified as provided above, as the case may be.
XVII. Entire Agreement
These Terms of Service constitute the entire agreement between BlueBarrel and you in relation to your use of this Website and supersede all prior agreements.
Updated: January 21, 2021