IN NO EVENT WILL THE BLUE BUFFALO PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). 1. By using the Services, you represent and warrant that: (i) you are at least 18 years of age, (ii) all information you provide to Blue Buffalo via the Services is true, accurate, complete and current, (iii) you have the legal capacity to agree to these Terms of Use, and (iv) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms of Use. You also agree that you will be responsible for obtaining and maintaining all hardware, software, and any and all other equipment or technological needs required for access to and use of the Services, and that you will be responsible for all charges related thereto including, without limitation, all data charges that you incur through use of the Services.4.
You also acknowledge that the Internet may be subject to breaches of security and that the submission of User-Submitted Content or other information may not be secure.How and When to Switch from Puppy to Adult Dog Food (v) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or an authorized person to act on the copyright or intellectual property owner’s behalfHow to Change Your Cat’s Nighttime Habits So You Can Sleep9. Neither you nor Blue Buffalo will participate in a class action or class-wide arbitration for any claims covered by this agreement. 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.4. While Blue Buffalo does its best to moderate the Services, Blue Buffalo cannot and will be responsible for all content uploaded and/or posted on the Services by users, and users may be exposed to materials deemed inappropriate. This dispute resolution provision will be governed by the Federal Arbitration Act. Although it is Blue Buffalo’s intention for the Services to be available as much as possible, there will be occasions when some or all of the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Blue Buffalo reserves the right to remove any User-Submitted Content from the Services for any reason, without prior notice. You acknowledge and agree that Blue Buffalo has no obligation to pre-screen, monitor, or enforce intellectual property rights with respect to User-Submitted Content, but has the right to protect and enforce its and its licensees’ rights with respect to User-Submitted Content.If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. 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. You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Blue Buffalo’s request), indemnify and hold the Blue Buffalo Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf and/or through your member account): (i) your access to or use of the Services, including, but not limited to, submission of User-Submitted Content; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you.