LEGAL NOTICES AND TERMS AND CONDITIONS OF USE

TERMS

Use of this Web site constitutes your acceptance of the following: 

Thank you for visiting the Blue Pear Prints web site. This Web site is owned and provided by Blue Pear Prints. Please understand that all services provided by Blue Pear Prints through this Web site, including the sale of any products, are provided subject to the following terms and conditions. In addition, by using this Web site, whether by purchasing any products from our site or by downloading any information or materials from the site or otherwise, you agree that you will be subject to the terms and conditions outlined below and elsewhere on this Web site. 

TRADEMARKS, COPYRIGHT, ETC. 

This Web site is owned and operated by Blue Pear Prints. The material included herein, including without limitation all content, text, graphics, site design, logos, icons, images, audio or video clips and software, is the property of Blue Pear Prints and/or its content suppliers and is protected by the trademark, copyright and other intellectual property laws of the United States and other countries. The selection, arrangement and compilation of all of the foregoing in the manner depicted are also the property of Blue Pear Prints and is protected by said laws. ALL RIGHTS ARE EXPRESSLY RESERVED. Any other use of the content and materials of this site, including the reproduction, copying, distribution, republication, modification, retransmission or display of, or the creation of derivative works from, such content and materials, without the express written consent of Blue Pear Prints is strictly prohibited. 

Blue Pear Prints retains all rights to its trademarks, trade names, brand names, trade dress and other such intellectual property, including without limitation Blue Pear Prints and the file names of many of our products, as indicated, all of which are registered and/or common law trademarks of Blue Pear Prints in the United States and in other countries. These trademarks, together with all associated service marks, slogans and other Blue Pear Prints product names, graphics, logos, service names and custom icons are included within the intellectual property of Blue Pear Prints and all rights thereto are expressly reserved. 

Blue Pear Prints trademarks and intellectual property may not be used by any third party without the express written permission of the Company and, without limiting the foregoing, may not be used in connection with any product or service or in any manner that is likely to or may dilute the strength of the trademark, disparage or discredit Blue Pear Prints or its products and services, or cause confusion among consumers. Any other trademarks that appear on this site and are not owned by Blue Pear Prints are the property of their respective owners. 

SUBJECT TO CHANGE: 

Blue Pear Prints reserves the right to make changes or modifications to this Web site or to any of the terms, conditions, disclaimers and policies referenced herein, and to add or remove any portion of the site, including any portion of these Terms and Conditions, at any time, in its sole discretion and without notice. All such changes shall be effective immediately upon posting. may in its sole discretion terminate, suspend or discontinue any aspect of the Web site, including the availability of any features or products, at any time and without notice or liability. Blue Pear Prints may also restrict your access to all or any portion of the site without notice or liability. 

PRODUCTS AND PRICES: 

Without limiting the generality of the foregoing section (Subject to Change), the price and availability of any products contained or referenced on this site is subject to change without notice. As noted elsewhere herein, Blue Pear Prints is not responsible for any typographical errors, which specifically includes those relating to the price or size of an item. 

All prices displayed on this site apply only to the products and services available on the site and may not necessarily reflect the prices of such products or services, or similar items, available through our retail stores, catalogs or otherwise. Prices are at all times subject to availability and nothing herein shall constitute an "offer to sell". We at all times reserve the right to limit the quantity of any item sold or to refuse a requested order altogether. The receipt of an e-mail confirmation of your order is simply an acknowledgement that we have received your requested order and does not constitute an offer to sell.

APPLICABLE LAW: 

This site is created and maintained by Blue Pear Prints in the State of New York. Accordingly, the laws of the State of Texas shall in all events govern any disputes relating to this Web site, including those relating to any transaction conducted hereon, and shall likewise govern the terms, conditions, disclaimers, policies and notices contained herein, all without giving effect to any conflict of laws principles. Blue Pear Prints makes no representations as to the compliance of the site or its terms and conditions with any applicable law. If you choose to access the site from outside of the United States you do so at your own risk and are responsible for compliance with all applicable laws. You may not use the site in violation of U.S. export laws. 

By using this site, including by virtue of purchasing products hereon, you agree to submit to the jurisdiction of the State of Texas and agree that it shall serve as the sole and exclusive venue for any disputes relating to this site. Any claim or cause of action brought by you with respect to matters related to the site, including these terms and conditions must be brought in a state or federal court located in the State of Texas and must be commenced no later than one year after the claim arises. 

If any provision of these terms and conditions is deemed to be void, unlawful or unenforceable for any reason, all other provisions contained herein shall remain in full force and effect. These terms and conditions constitute the entire agreement between the parties as to matters relating to this Web site and may only be modified by a writing signed by both parties. 

THIRD PARTY SITES: 

As a convenience to you, and for informational purposes only, Blue Pear Prints may from time to time provide links to Web sites operated by other entities unrelated to Blue Pear Prints. If you use any such link, you acknowledge that you will be leaving this site to visit another. If you decide to visit any linked site, you do so at your own risk. Blue Pear Prints expressly disclaims any responsibility, liability, warranty or representation regarding any linked site or the information, materials, content, products or services contained in or provided by such site. Moreover, providing such a link in no way implies that Blue Pear Prints endorses or adopts any information, articles, products, services, or other materials appearing on or provided by the linked site, and Blue Pear Prints expressly disclaims any such endorsement. 

DISCLAIMER OF WARRENTIES: 

THIS SITE AND THE MATERIALS, CONTENT AND PRODUCTS PROVIDED HEREIN ARE PROVIDED ON AN "AS IS" BASIS. Blue Pear Prints MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT, MATERIALS, PRODUCTS AND SERVICES PROVIDED HEREIN, AND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT ALLOWED BY LAW ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY OR REPRESENTATION THAT THE OPERATIONS AND FUNCTIONS OF THIS SITE SHALL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED. 

Without limiting the generality of the foregoing, this site and the materials contained herein may contain inaccuracies and typographical errors. Blue Pear Prints does not warrant the accuracy or the completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through this Web site. Any reliance on any of the foregoing shall be at your sole risk. 

DISCLAIMER OF LIABILITY: 

In no event shall Blue Pear Prints, or any of its partners, officers, directors, shareholders, employees, agents or representatives, be in any way liable to any entity for any direct, indirect, special, punitive, consequential or exemplary damages, or any other damages whatsoever, arising from or relating to the use of or inability to use this site or the content, materials and functions thereof, or of any linked web site, or otherwise relating hereto, regardless of whether the same are foreseeable or if Blue Pear Prints was advised of the possibility of such damages.