Last Updated: July 2011
BLUEMOUNTAIN.COM TERMS OF SALE AGREEMENT
I. PERSONAL NON-COMMERCIAL USE
All Products, Services, Memberships and Subscriptions you purchase on the Site (collectively "Products and Services") are offered solely for your personal, non-commercial use. The delivery of any Products and Services to you does not transfer any commercial or promotional rights in the Products and Services. You may not resell, rent, lease or provide the Products or Services to any person and you shall not modify, publish, participate in the transfer or sale of, reproduce (except for as otherwise provided for in the Terms of Service), or create new works from, any of the Products or Services in whole or in part. You are specifically prohibited from using any of the Products or Services to send commercial advertising or mass mailings of any kind. BMA reserves the right to terminate your Personal Account for violation of any of these rules.
II. BMA'S OPERATION OF SITE
BMA may change, suspend or discontinue any aspect of the Products and Services at any time, including the availability of any feature or content. BMA may also impose limits on certain features and services or restrict your access to parts or all of the Products and Services without notice or liability.
III. REGISTRATION AND SECURITY
Unauthorized Use of Your Personal Account
You are responsible for all usage or activity on your Personal Account, including the use of the account by any third party authorized by you to use your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Personal Account and any Memberships or Subscriptions, at the sole discretion of BMA. BMA reserves the right to disclose any personal information included in your Personal Account or related to your use of the Site, Products and Services, to third parties in the course of investigating abuse of our Products and Services and to forward such information to appropriate law enforcement agencies.
Notice of Unauthorized Use of Personal Account
You must notify BMA of any known or suspected unauthorized use of your Personal Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
Children Under 18
If you are under the age of 18, you may only purchase Products or Services with the permission of a parent or guardian. BMA reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.
IV. FEES AND TAXES
You are responsible to pay all fees and charges incurred through your purchase of any Products or Services at the rates in effect for the billing period in which such fees and charges are incurred. BMA reserves the right in its sole discretion to bill fees and charges to any of the payment methods you have included in your Personal Account. Billing occurs at the time of purchase. BMA does not provide price protection or refunds if the price for particular Products or Services previously purchased by you is lowered or is part of a promotional offer. All Products or Services purchased on a non-Subscription basis (individual downloads, shipped products, etc.) or promotional offerings are non-refundable. For Subscription refunds see Subscriptions paragraph below.
All purchases include applicable taxes in effect at the time of purchase. No customers are eligible for tax exemptions for purchases made on this Site.
V. SUBSCRIPTIONS AND TRIAL PERIODS
Non Trial Subscriptions
If you subscribe to become a BMA Member (whether through the website, the iPad, or other means) we will charge the applicable Membership fee to your payment method at the time of purchase. You may cancel your Membership and request a refund only within thirty (30) days after your payment has been processed. Monthly memberships can be cancelled for the upcoming month, but no refund will be given for prior months. Instructions for requesting a cancellation can be found at the end of this Agreement under BMA Customer Support.
Your Subscription will automatically be renewed at the end of the Subscription term unless: (1) you cancel your renewal during your Subscription period; or (2) except in the case of monthly memberships, you request a cancellation within 30 days after your renewal payment has been processed. Monthly memberships can be cancelled for the upcoming month, but no refund will be given for prior months. Instructions for requesting a cancellation can be found at the end of this document under BMA Customer Support.
In order to allow our customers an opportunity to sample our Products and Services, occasionally we offer trial periods during which customers register for a Subscription and enjoy all of the Subscription benefits. If you sign up for a trial period and cancel during the trial period the payment information provided will not be billed. If you do not cancel during the trial period we will automatically charge your credit card the applicable Membership fee. No refunds will be issued after the trial period.
If you redeem a promotional Membership on BMA, you will not be required to provide payment information to access your membership benefits for the length of the promotional term. Please note that a promotional membership differs from a trial membership in this regard. If you choose to remain a member past the promotional period, you will be required to provide payment information such as a credit card number to maintain membership benefits.
VI. METHODS OF PAYMENT
Credit Card Payment
If you elect to pay for Products and Services by providing BMA with a credit card account number (either on the Site or by phone), BMA will charge the then-current price directly to your credit card. If you have purchased a Subscription, BMA will automatically renew your Subscription and charge your credit card account at the end of the applicable term for the then-current Subscription fee.
Checking Account Payment
If you elect to pay for Products and Services by providing BMA your checking account number (either on the Site or by phone), BMA will debit the then-current price directly from your account. BMA also charges a separate service fee to offset the cost of this method of billing. If you have purchased a Subscription, BMA will automatically renew your Subscription and debit your account at the end of the applicable term at your original Subscription price plus a service fee. The service fee is non-refundable. In no event will BMA be liable for any NSF or other bank fees resulting directly or indirectly from any debits to your checking account.
Premium SMS Billing
Certain Products and Services can be purchased through Premium SMS Billing. These charges are processed by your mobile phone carrier, and third parties designated by your carrier. The charges will appear on your mobile phone bill during the next billing cycle after your purchase. Purchases made by Premium SMS are final and non-refundable, even in the event of technical incompatibility or non-functionality of the content. Questions or problems relating to Premium SMS Billing should be addressed to your mobile phone carrier.
Certain Products and Services may be available for purchase through PayPal. If you elect to use PayPal, BMA will debit the then-current price directly from your PayPal account. In no event will BMA be liable for any fees resulting directly or indirectly from any charge to your PayPal account.
VII. THIRD PARTY PRODUCTS AND SERVICES
Third parties offer products and services for sale on the Site or via links to third party sites. BMA is not responsible for, and does not warrant that the products and services offered by third parties. BMA does not assume any responsibility or liability for the products and/or services offered by third parties. Please be sure to review these third parties terms of sale, Terms of Service and privacy policies prior to purchasing any products and/or services.
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BMA IS NOT RESPONSIBLE FOR ANY FAILURE OF THE PRODUCTS AND SERVICES. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. BMA IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE PRODUCTS, SERVICES OR SITE.
Choice of Law and Enforcement
This Agreement applies to all purchases of Products and Services and is governed by and construed in accordance with the laws of the State of Ohio. Any dispute arising between you and BMA will be submitted to binding arbitration in Cleveland, Ohio, in accordance with the American Arbitration Association's standard rules then in effect for arbitration of commercial disputes; however, no disputes may be arbitrated on a collective or class action basis. If any portion of this Agreement is deemed invalid or unenforceable that portion will be deemed severable and will not affect the validity or enforceability of this Agreement.
BMA reserves the right to send you electronic mail regarding billing, administrative, or legal matters relating to the purchase of Products and Services.
If you have any questions regarding this Agreement, or wish to request a cancellation of any Subscription or Membership, and you live within the US, you may call our Support Center at 1-888-254-1450 Monday through Friday from 9:00 a.m. until 5:00 p.m. EST. Members outside of the US please contact us for further instructions.