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Blue Star does not warrant that information contained on the
site will be accurate, reliable or error free, or that defects will be
corrected. Blue Star cannot be held responsible for errors and omissions in the
site and reserves the right to modify and correct errors at any time. Material
on the site may also contain technical inaccuracies or typographical errors
(including pricing errors), and may be changed, updated or modified at any time
without notice; Blue Star will not be liable or responsible for any such
inaccuracies, errors, changes, or updates. Blue Star may in its sole discretion
add, delete, or change some or all of its products and services at any time.
Blue Star has attempted to accurately depict the products offered on the site.
However, because the depiction of a product is dependent on your computer
monitor and video adapter, Blue Star cannot guarantee that such depiction will
be accurate. The products also may appear larger or smaller than their actual
size depending on your monitor and video adapter. Some photographs have been
enlarged to show detail.
Use of the site is entirely at your own risk. Except as
expressly set forth below or in a written warranty that accompanies a product
(and then only with respect to such product), Blue Star expressly disclaims all
representations and warranties of any kind either express or implied (including
without limitation, warranties of merchantability, fitness for a particular
purpose, accuracy and availability) regarding the site and any products offered
or available through the site. The site, products and information on the site
are provided on an 'as is-where is' basis. Neither Blue Star nor its
subsidiaries, affiliates or any of their respective employees, agents,
directors, employees, representatives, shareholders, predecessors, successors,
or assigns (collectively, 'affiliates') will be liable for any indirect,
incidental, special, punitive, or consequential damages whatsoever arising
directly or indirectly from use of the site, the information contained on or
transmitted from the site or products available or purchased through the site,
or transactions conducted at the site, even if Blue Star has been advised of the
possibility of such damages or losses. Some states do not allow the exclusion or
limitation of liability for consequential or incidental damages so the above
limitation or exclusion may not apply to you. In no event shall the total
liability of Blue Star or its affiliates arising directly or indirectly from
this site or any products available or purchased through the site exceed the
lesser of the amount paid by you to Blue Star for the single product at issue,
or one thousand dollars ($1,000). You hereby acknowledge that all the provisions
of this section will apply to all use of the site, the information contained on
the site, and products available or purchased through the site, and transactions
conducted at the site.
Subject to the following arbitration provision these terms and
conditions shall be governed by, construed and interpreted according to the laws
of the state of New York, and you and Blue Star(the 'parties') agree to and
consent to the exclusive jurisdiction and venue of the courts in New York.
Should a dispute arise between the parties, which cannot be resolved by the
parties in good faith negotiations. Both parties agree to submit such dispute to
arbitration in New York, before a single arbitrator familiar with the uniform
commercial code using the commercial rules of the American arbitration
association.
The following modifications to be enforced by the arbitrator
consistent with New York law:
| (a) |
Any such arbitration proceeding shall be confidential as to the
existence, content, and results of the arbitration; |
| (b) |
Depositions shall not exceed two (2) per party and all must be
completed within a single day; |
| (c) |
Document requests are limited to no more than ten (10) clearly
identified categories of documents which must be provided to the requesting
party within five (5) business days of the request; |
| (d) |
Each party shall have no more than eight (8) hours to present
its position and |
| (e) |
The entire hearing shall last no longer than three (3)
business days. The award, if any, shall be rendered no more than thirty (30)
days following the end of the proceeding. Any court having jurisdiction may
enter judgment upon the award rendered by the arbitrator. Both parties expressly
agree that any such 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. | | 
