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You will also be responsible for paying any shipping costs and applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Blue Buffalo reserves the right any time after receipt of your order to accept or decline the order, even after your receipt of an order confirmation.

Blue Buffalo shall not be liable to anyone for withdrawing any products from the Services or for refusing to accept an order. Descriptions, images, references, features, content, specifications, products, price, and availability of any products are subject to change without notice. Blue Buffalo reserves the right to discontinue or change specifications and price of products without prior notice.

Descriptions of, or references to, products on the Services do not constitute a warranty by Blue Buffalo. The product images displayed on the Services are for illustration purposes only, and may not exactly reflect the product you receive. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.

The inclusion of any products on the Service at a particular time does not imply or warrant that these products will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws including minimum age requirements in regard to the possession, use and sale of any product purchased through the Services. By placing an order, you represent that the products ordered will be used only in a lawful manner. Blue Buffalo is committed to providing information that is accurate.

Although we make every effort to ensure these mistakes do not happen, Blue Buffalo cannot honor incorrect prices, misprints, or typographical errors. Errors in advertised prices are not binding on Blue Buffalo, and may be adjusted by Blue Buffalo at any time. Blue Buffalo shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and you credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Blue Buffalo shall promptly issue a credit to your credit card account in the amount of the incorrect price.

After an order is processed, it will be shipped via the shipping option selected during the checkout process to an address designated by the purchaser in the order. You shall make all arrangements necessary to take delivery of the products whenever they are tendered for delivery. Blue Buffalo shall use reasonable efforts to meet any date agreed for delivery. Notwithstanding the foregoing, Blue Buffalo shall not be liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

All purchases made through the Services are made pursuant to a shipment contract. As a result, title and risk of loss for any items purchased through the Services pass to you upon our delivery of the items to the carrier. When you place an order, we will not charge you until we ship the items ordered. We reserve the right to ship partial orders at no additional cost to you , and the portion of any order that is partially shipped may be charged at the time of shipment.

For custom products, all sales are final except in the case of production error. When this occurs, your product will be replaced free of charge. Except for the foregoing, you may not return, cancel, or exchange any product purchased through the Services. Certain jurisdictions may provide additional statutory rights; nothing herein is meant to limit your return or cancellation rights under local law.

Upon submitting a return or exchange request pursuant to this provision, the purchased items shall remain at your risk until returned to Blue Buffalo, and you are required to take reasonable care of the items until that time. If returned items are found to be damaged, you will be liable for the cost of remedying such damages or the replacement cost of the relevant items.

Please keep all packing material and documentation in the event that your product has to be returned. Blue Buffalo respects the intellectual property rights of others, and expects users of the Services to do the same. Blue Buffalo will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:. Blue Buffalo reserves the right to remove User-Submitted Content alleged to be infringing without prior notice and in our sole discretion.

In appropriate circumstances, Blue Buffalo will also terminate the account of a user determined, in our sole discretion, to be a repeat infringer. If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

If you decide to access any of the third party websites linked to this Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You will cooperate as fully required by Blue Buffalo in the defense of any claim. Blue Buffalo reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Blue Buffalo. You may bring claims only on your own behalf.

Neither you nor Blue Buffalo will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Blue Buffalo is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty days of filing the case, then either Blue Buffalo or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services.

Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Blue Buffalo.

Blue Buffalo reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Blue Buffalo. You agree that any claim you may have arising out of or related to your relationship with Blue Buffalo must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

For any action at law or in equity relating to the arbitration provision of these Terms of Use, you agree to resolve any dispute you have with Blue Buffalo exclusively in a state or federal court located in Connecticut, and to submit to the personal jurisdiction of the courts located in Connecticut for the purpose of litigating all such disputes.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.

If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Blue Buffalo regarding the Service and governs your use of the Services, superseding any prior agreements between you and Blue Buffalo regarding the Services.

You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Blue Buffalo. Any purported assignment or delegation by you without the appropriate prior written consent of Blue Buffalo will be null and void. Blue Buffalo may assign these Terms of Use or any rights hereunder without your consent.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use.

These Terms of Use do not confer any third-party beneficiary rights. The information provided within the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Blue Buffalo to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Blue Buffalo provides.

Blue Buffalo does not represent or warrant that the Services or any part thereof or any products offered through the Services is appropriate or available for use in any particular jurisdiction. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.

Software related to or made available by the Services may be subject to United States export controls.

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Thus, no software from the Services may be downloaded, exported or re-exported: a into or to a national or resident of any country to which the United States has embargoed goods; or b to anyone on the U. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The effective date of these Terms of Use is January 25, To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

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