Terms and Conditions
General Terms and Conditions for Online Sales
Please read this agreement carefully. These Terms and Conditions are an Agreement (the “Agreement”) between you and BLUAZU LLC, 101 SE 2nd Place, Ste 201-B, Gainesville, FL 32601 (the “Company”). By using any product or service offered or sold by the Company (collectively referred to as “Scout Product”), you accept and agree to be bound by all the Terms and Conditions of this Agreement, including, without limitation, the limitations on use and service, the disclaimer of warranty, the limitation of liability, and the binding arbitration provision and class action waiver. You agree that this Agreement is enforceable like any written agreement signed by you. If you do not agree to these terms, do not use the Scout Product or the service offered by the Company.
Acceptance by you of the Agreement occurs upon the earlier of: (i) your acceptance of the Agreement electronically when selecting and ordering a Scout Product or service online, or (ii) your activation or use of any Scout Product or service offered by the Company. If you do not agree to all of the Terms and Conditions of this Agreement, you have no right to use the Scout Product or services, and you must, within thirty (30) days of your receipt of the Scout Product, contact the Company to arrange for the return of the Scout Product and a refund. If you wish to return the Scout Product because you do not agree with all of the Terms and Conditions of this Agreement, such returns will only be accepted from the original purchaser and with the Scout Product is in its original packaging.
The Scout Product, software and services offered by the Company, via the website or from any other source, are intended for adults. If you are under the age of 18, or under the legal age of majority in your place of residence, you warrant that your parent, legal guardian, or other responsible adult has given his or her prior consent to your purchase.
Conditions of Use
As a condition to using the Scout Product, you must sign up for an account with the Company by downloading the Company’s web or smart phone application (the “Application”) and, if applicable, pay any fees associated with such account. You are responsible for anyone who uses your Scout Product or Application. You, and anyone who uses your Scout Product or Application, are jointly and severally referred to herein as either “you” or as “User”. User understands and acknowledges that the Scout Product will not function properly if User does not keep his or her account current and up-to-date, and pay any fees due, if applicable. Except as expressly set forth herein, all fees paid hereunder and/or with respect to the Scout Product are nonrefundable. Use of your Scout Product is always subject to any applicable restrictions due to local laws, licensing requirements and regulations.
Purchase Orders and Prices
Any order submitted by you is subject to the Company’s acceptance. An agreement between you and the Company will be concluded only upon the Company’s acceptance. All orders are subject to product availability. The Company reserves the right to reject any orders in part or in full.
The Company reserves the right to change the prices of Scout Product and related services at any time, but such change will not affect orders made prior to the date of the change. If the purchase price does not specifically include Sales Tax or Value Added Tax, you are solely responsible for any local taxes, sales and use taxes and any other taxes and government levies and custom duties, if any, associated with your order.
Credit Card Authorization
Initiation or continuation of the services related to Scout Product is subject to credit approval by the Company and requires direct payment by credit card or an authorized guarantee of payment by a valid accepted credit card. The Company may decline any credit card transaction. The Company may seek authorization of your credit card account prior to your first activation/purchase to validate that you can charge the applicable fees to access the services, which will result in an authorization amount (which may vary by card issuer but is typically a de minimis amount) appearing on your statement.
By authorizing the Company to charge a credit card for the fees associated with your services, you are authorizing the Company to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs the Company of the new replacement card account) for all fees or charges associated with your services or subscription including any renewal fees. You authorize the card issuer to pay any amounts described herein and authorize the Company, or any other company that acts as a billing agent for the Company, to continue to attempt to charge all sums described herein to your credit card account until such amounts are paid in full.
Delivery and Risk of Loss
Subject to product availability, packages are generally dispatched within ten (10) days after the Company receives payment. Standard delivery times vary depending on your country. Risk for loss or damage to the hardware, software, and license will pass to you at the point when delivered to your delivery address or your possession.
If you are not delighted with your Scout Product, or for any reason, you may return it via the Company’s website at any time during the first forty-five (45) days following the date of receipt at your delivery address.
If you elect to return your Scout in accordance with this Return Policy provision, you must contact the Company within the forty five (45) day period following the date of receipt at your delivery address by email at [email protected] to obtain a Return Merchandise Authorization (RMA) number. The hardware must be returned in its original packaging and in a substantially unchanged condition to the address provided by the Company. You are responsible for paying the shipping costs associated with the return of the hardware. If the returned hardware is returned in a substantially unchanged condition, the Company will refund you the full amount you originally paid, including the original shipping and handling fees you paid and the amount you paid for the device and initial service. The Company will not refund you if the returned hardware is not returned in a substantially unchanged condition.
Limited Warranty; Disclaimer of Warranties
This limited warranty and the Repair and Replacement provision in this Agreement is the only warranty provided in relation to your Scout Product. You expressly acknowledge and agree that use of the Scout Product is at your sole risk other than such limited warranty. Except as specified in the limited warranty, the Company disclaims all express or implied warranties for your Scout Product, including, without limitation, any implied warranties regarding the condition, design, specifications, workmanship, merchantability or fitness for a particular purpose of your Scout Product, or any warranties that your Scout Product is free from latent defects or deficiencies. No advice or information, whether oral or written, obtained from the Company or elsewhere, will create any warranty not expressly stated in the limited warranty. The product packaging, labels, documentation and website information do not create any endorsement or warranty.
The limited warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction. The applicability of the above limitations and exclusions may vary from state to state and/or from country to country, so the above limitation may not apply to you. Notwithstanding the foregoing, to the extent required by applicable law, scout limits the duration of any implied warranties to the duration of the limited warranty for the applicable Scout Product.
The Company makes no warranties respecting any harm or loss from computer viruses, hacking by a third party, loss of data, misuse of data, or any activities in which the failure of the Scout Product or related software or Applications could lead to death, personal injury, financial loss or physical or environmental damage. To the fullest extent permitted by law, the Company and its service providers and their affiliates, and their respective employees, directors, officers, agents and suppliers hereby expressly exclude and disclaim any liability for any damages or claims, including injury or death, and any indirect, special, consequential, incidental, reliance, exemplary or punitive loss, damage, costs or expenses (including loss of income, medical and other expenses, loss of guidance, care and companionship) which may arise out of or in connection with the provision of the scout product or services (including any delay in providing or failure to provide the services) or its use by you or by another person whether or not authorized by you to utilize the services. In no event shall the total, maximum, aggregate liability of the Company and its service providers for all claims related to the ownership or use of Scout Products or related services, software or Applications exceed the total amount paid by you for Scout Product and the amount paid for any related services during the 12 months preceding the claim. The limitations in this section shall apply to all claims, damages, losses, costs and expenses howsoever caused and whether for breach of contract, in tort, by way of negligence, strict liability, or otherwise, even if advised of the possibility of such damages and even if such damages were reasonably foreseeable.
Repair and Replacement
We provide a standard 12 month manufacturer’s limited warranty on Scout Product. Subject to the terms and conditions set forth below, we will replace (to the person or entity that originally purchased the Scout Product) any Scout Product which ceases to work due to defects in materials and workmanship under normal use. The Warranty does not apply to damage caused by accident, abuse, misuse or fire. If we determine that your Scout is defective, we will either repair or replace it with either a new or rebuilt Scout, at our option, at no charge to you. We want you to love your Scout.
To return a Scout for service or replacement, first contact us for a Return Merchandise Authorization (RMA) number. Send us an email at [email protected] notating “Warranty Return” in the subject field. A member of the Scout team may contact you to attempt to troubleshoot a warranty-related problem prior to issuing an RMA number. Once an RMA number is obtained, ship your Scout in either the original packaging or packaging affording an equal degree of protection, to the Scout authorized Customer Service facility identified by the Customer Support team member.
You may also use the online submission form to request an RMA number by visiting www.findmyscout.com/support. Please provide the following information with your request:
- Scout serial number
- Return shipping address (P.O. boxes are not accepted)
- Problem description.
Except for this limited Repair and Replacement provision, the Company makes no warranty other than as provided in the section LIMITED WARRANTY; DISCLAIMER OF WARRANTIES.
Copyrights and Intellectual Property
All Scout Products and related services, software and Applications are protected by copyright, trademark, patent or other proprietary rights of the Company or other parties (the “Intellectual Property”). You agree that the Company owns all Intellectual Property in your Scout Product and related software, documentation and Applications, and you shall not attempt to challenge the validity or enforceability of any such rights.
The software (including firmware) included in your Scout Product is licensed to you, not sold. You are granted a limited, non-transferable, non-exclusive license to use the software in connection with your use of your Scout Product in accordance with this Agreement. If your Scout Product requires that you agree to a separate End User License Agreement, then you agree to be bound by the terms of the End User License Agreement.
Misuse and Authorized Users
You agree that you will not use the Scout Product or related services, software or Applications for any purpose in violation of this Agreement or of any law, or in any manner that infringes or misappropriates third party rights.
You agree to be solely responsible, and assume any liability, for any user authorized by you to utilize the Scout Product and/or the related services, software or Applications. You also agree to be responsible for the compliance with this Agreement by your authorized users.
The Company reserves the right to restrict use of the Scout Product or related services, software or Applications for any reason, including throttling or otherwise restricting data usage. The Company reserves the right to terminate use of the Scout Product or related services, software or Applications for any reason, and in such case Company will cease charging User for any ongoing services.
Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of the prohibition or unenforceability without invalidating the remaining provisions of the Agreement. Such prohibited or unenforceable provision will be interpreted as closely as legally possible to the original sense and purpose of such provision. Any prohibition or unenforceability in any jurisdiction will not invalidate or render unenforceable that provision in any other jurisdiction.
Governing Law and Binding Arbitration
This Agreement is governed by the laws of the State of Delaware without giving effect to conflicts of laws principles. You agree that any dispute, claim or controversy arising now or in the future under or relating in any way to this Agreement or Scout Products or related services (a “Claim”), regardless of the nature of the cause(s) of action asserted or the relief or remedies sought, shall, to the extent possible, be settled amicably by the parties hereto. In the event of a failure to reach amicable settlement of a Claim, you agree that such Claim shall be resolved by binding arbitration. Claims subject to arbitration include claims that are made as counterclaims, cross claims, third party claims, interpleaders, or otherwise. You understand that arbitration replaces the right to go to court, and thus this provision waives any right to a jury trial or the opportunity to litigate any Claims in court before either a judge or jury. This provision also means that you agree not to pursue a Claim as a class action or other representative action either in arbitration or in court, nor will you be able to pursue a Claim as a class member in a class action or other representative action in arbitration or in court, and you waive any right to do so. If for any reason the prohibition on class actions set forth in this paragraph cannot be enforced, then the agreement to arbitrate will not apply.
This binding arbitration provision applies to any and all Claims that you have against the Company, its affiliates, licensees, predecessors, successors, assigns, and against all of their respective employees, agents, or assigns, or that the Company has against you. It also includes any and all Claims regarding the applicability of this arbitration clause or the validity of the Agreement, in whole or in part. It is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended.
The party filing claim(s) in arbitration must file its claim(s) before the American Arbitration Association (“AAA”) and such claim(s) shall be administered by the AAA under its commercial arbitration rules, including where appropriate the consumer-related disputes supplementary procedures, in effect at the time the claim(s) was filed or such successor procedures. Rules and forms for the arbitration may be obtained by visiting the AAA’s website.
Changes to the Agreement
The current version of these Terms and Conditions and the Agreement and other applicable policies are available on the Scout Website. The “Scout Website” means any of the websites on which Scout Products or services are offered by the Company, including www.FindMyScout.com and www.BluAzu.com. The Company may change the Terms and Conditions or other parts of the Agreement from time to time, provided that the Company will not increase the pricing for any contracted services without at least ninety (90) days’ advance notice to the purchaser, unless the purchaser consents to an earlier increase. The Company is not obligated to give notice to the User or purchaser of changes to the Terms and Conditions of the Agreement unless the change is a rate increase for the services set forth in the purchaser’s service plan. You agree to visit the Scout Website periodically and accept ongoing responsibility for being fully informed of the changing content of the Scout Website, including, without limitation, changes in these Terms and Conditions and other parts of the Agreement. If there is any conflict between the Terms and Conditions contained in this Agreement and the Terms and Conditions contained on the Scout Website, then the terms contained on the Scout Website shall supersede and replace the Terms and Conditions contained in this Agreement.