Terms of Use

 

Last Updated 1/1/2020

Our sites, www.blueheronevent.com and www.fb.me/blueheronevent.com along with our associated social media sites “referenced herein as (Sites)” are operated by dba Blue Heron Event Co.; dba Blue Heron Decor Co.; and parent company, Blue Heron Build and Design, llc. “all referenced herein as (Blue Heron)”. Throughout this document the terms “we”, “us” and “our” “our company” which also refer here to (Blue Heron). The terms “you”, “your”, “user”, “users”, “client”, “lessee”, “individual”, “entities”, “purchaser”, “supplier”, “manufacturer” and “renter “all refer to you the (User). We offer these (Sites) including all information, tools, our services available to you the (User), conditioned upon your acceptance of all terms, conditions, contracts, policies, and notices.

Before using our (Sites), please carefully review the following these terms and conditions, and our Privacy Notice, which is incorporated herein by reference, and by estimates, quotes, or contracts, addendum(s), and our office policies and rules, and all the foregoing collectively known as the Terms of Use or Service “referenced herein as (Terms)”. By accessing, viewing, reviewing, using, inquiring, purchasing, reserving products, requesting quotes or any part of our services you engage in “referenced herein as (Service)” and you agree to be bound by the (Terms) herein including those available by hyperlink or included as per separate contract. You also participate in (Service) and affirm your agreement to these (Terms) and policies when you request information through promotions, subscriptions, enroll by text, website, or social media or provide your mobile and other contact information to us.

If you do not agree to all the (Terms) and conditions of this Agreement, then you may not access the website, social media sites, engage in or request any (Service).  If these (Terms) are considered an offer, acceptance is expressly limited to these (Terms). These (Terms) apply to all users of (Sites), including without limitation users who are browsers, vendors, suppliers or manufacturers, customers, merchants, and/or contributors of content or reviews.

 These Terms of Use May Change

We reserve the right to update or modify these (Terms) at any time without prior notice. Your use of any (Sites) following any such changes shall constitute your acceptance of any new (Terms). For this reason, it is your responsibility to check this page and we encourage you to review these (Terms) often. You can review the most current version of the (Terms) posted and dated at any time here.

Use of Website

The Website or (Sites) are for the sole use of individuals and entities wishing to view, consider, purchase or otherwise request or engage in business transactions involving goods or services and/or to otherwise contact (Blue Heron) on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients) in the USA. You represent that you are at least the age of majority and/or you have given us your consent to allow any of your minor dependents to use our (Sites) with you present. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the (Service), violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the (Terms) will result in termination of your (Service) or use of (Sites).No information concerning an individual customer or entity can be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer. We prohibit third parties from opting out of services on behalf of a customer or other person or entity, without both full knowledge as to the action being taken and our expressed permission. This prohibition is intended to protect the privacy and freedom of our customers and the personal relationship we work to develop with our customers and others.

Governing State

Applicable Law. These (Sites) are created and controlled by (Blue Heron) in the State of Washington. The laws of the State of WA will govern the (Terms), without giving effect to any principles of conflicts of laws.

Third-Party Links & Payment Apps

Certain content, products and services and (Sites) may include materials from third parties. Third party links may direct you to websites or companies 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, sources or information, payment apps, security or encryption of personal information, virus, products or services or for any other materials or use of third parties.

At times, we may provide links on our (Sites) and communications that our customers may be interested in, or that may be of convenience or service to them, including links to social media sites such as, for example, Facebook, Twitter or Pinterest, Instagram, or their ads. Some additional links may include sites such as: (Squarespace & its third parties) www.squarespace.com; (Pocketsuite App & its third parties) www.pocketsuite.io/ which all include their own terms & conditions of use, privacy policies and/or registration requirements. Again, we are not responsible for these websites and/or links to which you engage in these services at your own risk. When visiting on social media or other tools, you will be subject to those websites’ privacy policies. If you visit our (Sites) through a link from another website, you may be subject to that website’s privacy policy and terms as well. If you choose to explore these websites and services, we suggest that you carefully review their individual privacy policies.

We do not require you to use a third-party payment service or apps, but we may offer these services available as a convenience to you. Such as: invoicing, booking calendars, appointments, estimates or quotes, or credit card payments apps and other services all available by third parties. (Please review carefully as subscription services, convenience fees & surcharges for credit card payments will apply along with their own terms of use). We may collect payment information when requested by you for services as per contract terms. You agree to provide current, complete and accurate information. You agree to promptly update your account, billing address and information, phone contact, email address, credit cards numbers and expiration dates to the requesting party or any third parties affiliated with services, so that we can complete your transactions and contact you as needed. You understand that your content may be transferred encrypted and unencrypted according the terms of the third party and involve transmissions over various networks; and changes to adapt to requirements of connecting networks or devices.

You hereby agree to abide and waive all liability to us in association with all third-party vendors, merchants, providers links and websites, apps and each third-party collection of information or payment credit card processing. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, collection or storage of payment information, privacy policies, content or any other transactions made in connection with any third-party websites or apps.  All complaints, claims, concerns or questions regarding third party products should be directed to the third-party. Establishing or maintaining a link from another website without the prior express written consent of (Blue Heron) is strictly prohibited. Displaying the website or any content contained on (Sites) through similar means on any website without our express written permission is also prohibited. Any permitted links must comply with all applicable laws and regulations.

Submissions

We welcome your comments regarding our (Sites) and (Services). When you send submissions, all comments, feedback, notes, messages, ideas, suggestions, photographs, photographs of our products, videos or audios or other communications “referenced herein as (Comments)” shall be and remain our exclusive property. Your submission of any such (Comments) shall constitute an assignment to (Blue Heron) of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the (Comments). We will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any (Comments) that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original or other’s photography or artwork.

You agree that no submissions by you to us will violate any right of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights. You promise that you own all rights to your (Comments) or, alternatively, that you have the right to give us the rights described above; and that you will solely defend and indemnify ((Blue Heron), our (Affiliates *see Disclaimer section), and our third parties) against any claims, suits, expenses or costs including arbitration or attorney fees, related to your submissions and (Comments), and that your (Comments) do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. We may refuse to accept or remove (Comments) from our (Sites) for any reason. Out of respect for all our guests, we ask that you do not use obscene, profane or threatening language. That you do not transmit any content that violates or could violate any applicable law, regulation, or rule or policy. It also includes any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, unlawfully discriminatory, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable or the impersonation of any person or entity or that would violate the intellectual property rights of any other person or entity. (Blue Heron) reserves the right, but is not obligated, to restrict or remove any and all content that we determine, in our sole discretion, to violate these guidelines or applicable law or to be otherwise harmful to us, to other persons.

Accuracy / Pricing / Inventory

We make all reasonable efforts to provide information on our (Sites) that is accurate; however, out of date information, or errors may occur, including incomplete or inaccurate photos, products, pricing, promotions, or availability. Some items contain descriptions that are provided directly by the manufacturer, or distributor or supplier of such item. (Blue Heron) does not represent or warrant that a description of such items is accurate or complete. You agree that is your responsibility to monitor products, sources, manufacturers descriptions and changes to our site. We reserve the right to modify the content, correct any errors, inaccuracies, or omissions and to change or update product pricing, availability or other information at any time without prior notice (including after you have submitted your order or request for quote), but we have no obligation to update any information on our (Sites), except as required by law. No specified update or refresh date applied in the (Service) or on (Sites) should be taken to indicate that all information has been modified or updated.

The material on (Sites) are provided for general information only and should not be relied upon or used as the sole basis for making decisions or pricing out products or services without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on (Sites) are at your own risk. Historical, descriptions, photos, information or directions may not be current and is provided for your reference only.  We regret any inconvenience to you and will work to correct all issues to our (Site) to help future users. If you do not wish to continue your services after information has been corrected, please contact us right away to discuss options and your contract terms.

Our inventory and products may be custom-made, special order and/or limited quantities. The inclusion of any products or services at a time does not guarantee that the products or services will be available. We reserve the right to modify, substitute or discontinue the (Service) or any part thereof without notice or compensation to you at any time. We shall not be liable to you or to any third party for any modification, substitution, price change, suspension or discontinuance, expedited delivery, shipping costs or damage, or manufacture of the product or service. Any offer for any product or service made on the (Sites) are void where prohibited. We do not warrant the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the (Service) will be corrected. We have done our best to display as accurately as possible the colors of the products shown on our sites, however, we cannot guarantee that your monitor’s display of any color will be accurate. Items, products and services listed may show a starting rate and may require additional charges based on your special requests. All service and products will be U.S. dollars, effective only in the US, and service may only be available in our local city or jurisdiction. Additional delivery, taxes & fees, security deposits, surcharges or convenience fees, damage or replacement costs and other charges may apply. You will be advised of such estimated charges before your request for services are finalized. Furthermore, while we do our best to assure that the taxes quoted are accurate for the applicable location, should an erroneous quote be provided, we will notify you of such error. You will be responsible for all applicable taxes and/or fees related to your services indefinitely, regardless of the amount quoted at the time of your order.

We reserve the right to refuse service to anyone for any reason at any time. We reserve the right, but are not obligated, to limit the sales of our products or services to any person. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or services that we offer. We reserve the right to refuse any order you place with us. We reserve the right to substitute or replace items. 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 the same customer, same credit card, email, billing address, etc. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, vendors, resellers or distributors. Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature, weather delays, venue access, delivery or setup delays caused by other vendors or other causes beyond our reasonable control. We may issue a warning, temporarily suspend, indefinitely suspend or terminate any user’s right to use or access all or any part of the (Sites), without notice, for any reason in our sole discretion, including without limitation, violation of the (Terms), if belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to (Blue Heron) or any of our providers or another user.

Disclaimer

THIS WEBSITE, SOCIAL MEDIA SITES, (SITES) AND ALL CONTENT, OUR PRODUCTS & SERVICES & ANY/ALL INVENTORY AVAILABLE FROM (BLUE HERON) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF HABITABILITY, SUITABILITY, MERCHANTABILITY, NON-INFRINGEMENT, INTERFERENCE OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE THAT YOUR USE IS AT YOUR SOLE RISK AND THAT (BLUE HERON) AND ITS OFFICERS, MEMBERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, INSURERS, SUCCESSORS AND ASSIGNS, THIRD PARTIES AND ALL SUBCONTRACTORS AND LICENSORS “REFERENCED HEREIN THIS WHOLE DOCUMENT AS (AFFILIATES)” SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE, SOCIAL MEDIA SITES, (SITES), (SERVICES), RENTAL PRODUCTS, THIRD PARTIES, ANY LINKS OR ANY APPS.

IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (BLUE HERON) AND ITS (AFFILIATES) MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE (SITES), WEBSITE OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE & (SITES). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (BLUE HERON) AND ITS (AFFILIATES) WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF ANY AND ALL (SITES) OR MOBILE APPLICATIONS OR ANY SUCH PERSONAL OR BUSINESS USE OF OUR PRODUCTS, OR SERVICES, OR RENTAL INVENTORY; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE (SITES) OR MOBILE APPLICATIONS; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE (SITES); OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE (SITES) OR ANY (SERVICE).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL (BLUE HERON) OR ITS (AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO (SITES), (SERVICES), WEBSITES, SOCIAL MEDIA SITES, LINKS, APPS, THIRD PARTIES, PRODUCTS OR SERVICES HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold (Blue Heron) and its (Affiliates) as noted above, “both hereby referred to as (Indemnified Parties)”, harmless from and against any and all claims, suits, demands, actions, losses, personal injury, bodily injury, wrongful death, property damage, economic damages, weather delays, other damages, and any other liabilities, costs and expenses, including attorneys’; fees and expenses, arising from or related to your uses, including, without limitation, your use in violation of these (Terms) or (Service), or any act or omission or alleged act or omission of (Blue Heron), its (Affiliates) and the (Indemnified Parties). (Blue Heron) reserves the right, at (User’s) expense, to assume the exclusive defense and control of any matter for which such (User) is required to indemnify (Blue Heron), and (User) agrees to cooperate with (Blue Heron) defense of such matter. This defense and indemnification obligation are intended to extend to the fullest extent permitted by law and will survive the (Terms) and (User) use of the (Sites) & (Services).

Arbitration Agreement & Waiver of Certain Rights

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN ARBITRATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT (USER) OR (BLUE HERON) WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. Any claim or controversy at law or equity, counterclaims, or other disputes arising between (User) and (Blue Heron) relating to these (Terms), (Sites), (Service), or websites, social media sites, products, inventory and services, each a “Claim”, shall be resolved through binding arbitration. The arbitration forum may be selected by (Blue Heron) and mutually approved by (User), may be conducted by telephone, or online or based solely upon written submissions where no in-person appearance is required and will be arbitrated in/by the State of WA. (User) also agree, if requested as a witness, to be bound to participate in any binding arbitration proceeding that (Blue Heron) is requested to participate in between any third-party. The decisions of the arbitrators in any such arbitration shall be binding and final upon the parties and may be enforced in State or Federal court of competent jurisdiction.  The arbitration agreement shall be deemed to be a self-executing arbitration agreement and the rules governing the arbitration shall be the rules of such forum that are in effect at the time of the request, and may be governed by the provisions of the Federal Arbitration Act (FAA) in effect.

As, (User) agree that disputes will resolved between us through binding and final arbitration instead of through court proceedings, (User) hereby voluntarily and intentionally waive any right to a jury trial of any Claim in respect of any litigation (including, but not limited to, any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these (Terms). Each of the parties acknowledges that this section is a material inducement for the other party entering into these (Terms). The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies. (Blue Heron) shall be entitled to recover reasonable attorney’s fees and costs incurred in enforcing this arbitration agreement including the fees charged by the arbitrator. Notwithstanding, anything contained in this agreement, if a judicial proceeding in law or equity shall be commenced against (Blue Heron), or (Affiliates), or (Indemnified Parties), they shall nevertheless be entitled to implead or otherwise bring a claim over and against (User) and shall in any event be entitled to collect a settlement or judgment against (User). Other additional arbitration terms apply as per any contract terms between parties. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the (Terms) will be effective or enforceable unless recorded in a writing signed by (Blue Heron). Such a waiver shall not waive or affect any other portion of this (Terms). This Section of the (Terms) will survive the termination of (User) relationship with (Blue Heron).

Copyrights

The entire content of the website is copyrighted as a collective work under U.S. and other applicable copyright laws. The content of the website is intended solely for the personal and non-commercial use of the users of our website and (Sites). (User) agree to not reproduce, duplicate, copy, sell, resell or exploit any portion of the (Service), use of the Service, access or contact on the (Sites) through which the (Service) is provided. Except as otherwise expressly noted, the content you see including, for example, but not limited to, all images, illustrations, designs (including product designs), graphics, icons, photographs, text, audio & video clips, and other materials that appear as part of the (Sites) as well as the selection, arrangement and organization of the (Sites) as a whole “all referenced herein by (Content)” is and may be the exclusive property of (Blue Heron) and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses and the rights of publicity and privacy held by (Blue Heron), by one of its (Affiliates), (User), or vendors, or by the manufacturers and suppliers, or by third parties who have provided materials or products, licensed or assigned or their rights, interests and/or materials to (Blue Heron).

As such a (User), you may download and print selected portions of the (Content) and (Sites) and/or as a (User) take personal photographs with our collections and products through acceptance to (Terms) and by engaging in (Services) and only if (1) you use any such copies of the content only for your own personal and non-commercial use, (2) you do not copy or post the (Content) on any network computer or broadcast the (Content) in any media and/or in any form or format without expressed written permission from (Blue Heron), (3) you do not modify or alter the (Content) in any way, or delete or change any copyright, logo, designs, watermarks or trademark notice on products or images (4) you do not copy or reproduce products, photos, images, designs, similar or alike items, patents, sub-lease or resale products or (Content), (5) you include and properly list (Blue Heron) in all product images, social media photographs and credit any photos, designs or intellectual property rights to (Blue Heron) (6) you receive our permission to post any images online or to our (Sites) (7) you properly inform your guests, family, venue, vendors, videographers, photographers and affiliates wishing to share, display or post our images, products and content to review our (Terms) found herein and abide by these copyrights and (Terms) as a user themselves (8) you, including any of your vendors or photographers, agree to remove any online content, photographs, tags, images, or products at our sole discretion if requested by (Blue Heron), (9) you secure own permission and rights from any of our third parties, vendors, suppliers, manufacturers, or our affiliates.

Any (User’s) guests, vendors, photographers, and/or affiliates who wish to post, tag or share images with our products, items, photographs, images, or content on social media, print, display, download or store content under our copyright terms, shall also become a (User) themselves, shall properly credit or list (Blue Heron), and must comply and agree to all (Terms) herein.

No right, title or interest in any downloaded or copied materials or any photographs, including other photographs taken of our products are transferred to you as a result of any such downloading or copying. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the (Content) without first obtaining the express written permission of (Blue Heron) or its affiliates, vendors, suppliers, or manufacturers. This includes social media posts without permission from (Blue Heron).

Notice of Copyright infringement

We respect the intellectual property rights of others. Please notify us in writing by mail or email if you believe that a user of our site(s) has infringed on your copyright. Please send description of work claimed to have been infringed, and information to locate the material, information for us to contact you, address, phone and email, a statement by you that you have good faith that the disputed use is not authorized by the copyright owner or law, a statement by you, made under penalty of perjury that the information in your notification is accurate and that you are the copyright owner of authorized to act on the copyright owner’s behalf and your physical or electronic signature. You acknowledge and agree that upon receipt of notice of claim of infringement, we may immediately remove the identified materials from our (Sites) and apps without liability, and the claims of the posted party may be referred to the US Copyright Office.

Other Provisions

Headings used in the (Terms) are for reference only and shall not affect the meaning of any terms.  As used in these (Terms) “including” means “including, without limitations”.

We may assign our rights and obligations under these (Terms), including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

User consents to electronic communications with (Blue Heron), whether addressed to the email associated with (User) account, profile, customer or posted on the (Sites). (User) acknowledges and agrees that any communication via dated email or by postings on (Sites) satisfies any legal requirement that such communications be made in writing.

The provisions of all (Terms) are intended to be severable.  If for any reason any provision of these (Terms) shall be held invalid or unenforceable in whole or part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.  The failure of (Blue Heron) to exercise or enforce any right or provision of these (Terms) shall not operate as a waiver of such right or provision nor will it prevent (Blue Heron) from enforcing such right or provision in the future.

PLEASE PRINT A COPY OF THESE TERMS FOR YOUR RECORDS. PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THESE TERMS.

Attachment (Privacy Policy)