Terms of Service
Your use of the Site constitutes your acceptance of the Terms. By accepting the Terms through your use of the Site, you certify that you
are either (i) 18 years of age or older or (ii) you are at least 13 years of age and are using the Site under the supervision of a parent or
legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to
use the Site. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of
13 and 18, you agree to be fully responsible for such child’s use of the Site, including all financial charges and legal liability that such
If we determine that a child under the age of 13 has provided personal information to the Site, we will delete that information as soon as
practical. If you become aware that such information has been provided by a child under the age of 13, please contact us
at that we can delete that
Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware,
software and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
Information identifying current providers of such control protections is available on the websites GetNetWise (http://kids.getnetwise.org)
and OnGuardOnline (http://onguardonline.gov). Blue River Gutters does not endorse any of the products of services listed on such
You agree that you will not do any of the following (collectively, the “Code of Conduct”):
Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of
Use the Site or content on or from the Site for any unlawful purpose
Express or imply that any statement you make is endorsed by Blue River Gutters or its subsidiary, parent or affiliate companies
Submit data or information to or otherwise transmit material through the Site that is (i) copyrighted, protected by trade secret or
otherwise subject to third-party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the
lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information; (ii) is unlawful,
obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be
considered a criminal offense, or does or would give rise to civil liability or violate any law, rule or regulation, or is otherwise
objectionable, or infringes Blue River Gutters or any third party’s intellectual property rights or other rights; (iii) is intended to
victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race,
religion or sexual orientation; or (iv) is non-public information about a company or individual without the express written authorization
Engage in spamming, flooding, phishing or other activity intended to gather information unlawfully
Transmit any software or other materials that contain any harmful or malicious code, including without limitation viruses, worms, time
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site
Remove any copyright, trademark or other notices of proprietary rights contained on the Site
“Frame” or “mirror” any part of the Site without Blue River Gutters prior written authorization
Use any robot, spider, site search / retrieval application or other manual or automatic device or process to retrieve, index, data mine
or in any way reproduce or circumvent the navigational structure, or presentation of the Site or its contents
Take any action that imposes an unreasonable or disproportionately large load on Blue River Gutters infrastructure
At Blue River Gutters we carry the Brand Name seamless gutter products. Unless indicated otherwise, most products and services
featured on the Site are available directly from or through Blue River Gutters its subsidiaries or its affiliates. Blue River Gutters
endeavors to display and describe its gutter products and services accurately. Blue River Gutters is also improving its seamless gutter
products and services and may update the Materials at any time and without notice.
Blue River Gutters cannot and does not guarantee the accuracy or completeness of the Materials, including, without limitation, prices,
product images, specifications, dimensions, availability and services. The gutter materials may contain technical inaccuracies and
typographical errors. Products and services are the responsibility of the manufacturer and service provider, respectively and subject to
the warranties offered by such manufacturer or service provider.
Blue River Gutters and its affiliates and subsidiaries reserve the right, at their sole discretion, to refuse service and to terminate accounts
if Blue River Gutters believes in its sole discretion that customer conduct violates applicable law or the Terms, or is harmful to the
interests of Blue River Gutters, its subsidiaries, or its affiliates, or for any other reason.
All software and content on the Site, such as text, graphics, logos, button icons, images, audio clips, video clips and software, is owned
or licensed by Blue River Gutters or its software and content suppliers and licensors. Such software and content is protected by United
The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Blue River
Blue River Gutters grants you permission to view and use content and software made available to you on the Site in connection with your
use of the Site only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication,
display or performance, of the content or software on the Site is strictly prohibited. Blue River Gutters and its affiliates, subsidiaries,
suppliers and licensors expressly reserve all intellectual property rights in all text, products, technology, content and all other material
that appears on the Site. Accessing the Site does not confer and shall not be construed as conferring on you or anyone else any license
to Blue River Gutters or any third party's intellectual property rights.
The Site may contain additional proprietary notices and copyright information, the terms of which must be observed and followed.
The names, trade names, logos, service marks, trademarks and trade dress (collectively, "Trademarks") on the Site are registered and
unregistered trademarks of Blue river Gutters and other parties. Use of the Site in no way grants any license or right to use any
Trademark displayed on the Site. BlueRiverGutters.com requires prior written approval for the use of the "Blue River GuttersTrademarks,
The Site may contain links to other websites so that you can learn more about the products available on the Site and have access to
other information. These links are provided to you only as a convenience and their presence on the Site does not imply endorsement by
Blue River Gutters or its affiliates or subsidiaries of such website or of any association with such websites’ operators.
You agree that Blue River Gutters and its affiliates and subsidiaries are in no way responsible or liable for the availability or content of
the websites to which the Site is linked. Blue River Gutters and its affiliates and subsidiaries make no representations whatsoever about
Any concerns regarding products or services offered by a website to which the Site is linked or the link itself should be directed to the
Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or
other sites) is free of items, such as viruses, worms, trojan horses, defects, time bombs, date bombs and other items of a harmful nature.
As part of your use of the Site, you may be able to provide comments, feedback, reviews, text and ideas; send messages to Blue River
Gutters and other users of the Site; post media, such as photos and videos; and submit other forms of content (collectively, “Content”) to
the Site. You agree that Content may be viewed by the general public and you do not and shall not consider such Content to be private,
proprietary or confidential. You grant Blue River Gutters and its affiliates, licensees and sublicensees, without any compensation of any
kind to you or others, a worldwide, perpetual, irrevocable license to copy, adapt, create derivative works of, reproduce, incorporate,
distribute, modify, publicly display and otherwise use in any way such Content in any format or media (“Content License”). You may not
revoke Content for any reason at any time. You agree that any Content you submit may appear on sites other than the site through
which you submitted your Content, e.g., Content submitted to Blue River Gutters.com may appear on Blue River Gutters the website of
an entity affiliated with Blue River Gutters. You waive, release and agree not to assert any and all moral rights that you may have in any
Content submitted by you to the Site. You agree that Blue River Gutters may use submitted Content in any manner that Blue River
Gutters deems appropriate or necessary in its sole discretion. Blue River Gutters and its affiliates reserve the right to edit, modify,
abridge or otherwise change any Content you or others submit in their sole discretion.
You agree that you will not use a false or misleading email address, impersonate another person or entity, or otherwise mislead with
respect to the origin of any Content you submit, including, without limitation, comments and feedback you submit to the Site. You agree
that Blue River Gutters is not responsible for any Content that you submit to the Site.
By submitting any Content to the Site, you warrant and represent that you have the right to use such Content and have the right to permit
Blue River Gutters and its affiliates, licensees and sublicensees to use such Content in accordance with the terms of the Content
License. You agree not to submit any Content that is owned by someone other than you. You agree not to submit any Content that
contains the name, image, likeness or voice of anyone other than yourself without first obtaining permission to submit such Content and
If you identify yourself by name in Content you submit or submit Content that contains an image or audio or video recording of yourself,
you authorize Blue River Gutters and its affiliates, licensees and sublicensees, without compensation of any kind to you or anyone else,
to reproduce, print, publish, translate, modify, edit and disseminate, in any format or media now or hereafter created, your name and
such images and recordings in any way Blue River Gutters deems appropriate, in its sole discretion, throughout the world. Such
authorization is and shall be perpetual and cannot be revoked by you for any reason.
Blue River Gutters does not guarantee that Content you or others submit will be posted to the Site or become publicly available, and
Blue River Gutters does not guarantee that Content posted to the Site will not be offensive, defamatory or otherwise objectionable. Blue
River Gutters reserves the right to remove any Content from the Site without notice and in Blue River Gutters sole discretion; however,
you acknowledge and agree that Blue River Gutters is under no obligation to you to police, monitor or remove Content and Blue River
Gutters makes no guarantee with respect to the completeness, accuracy, integrity or quality of Content submitted to the Site.
Claims of Copyright Infringement. If you believe any materials accessible on or from the Site (including content submitted by other users)
infringe your copyrights, you may request removal of those materials, or access thereto, by submitting a notification pursuant to the
Agent (identified below), which sets forth the following information:
Identification of the copyrighted work you believe to be infringed. Please describe the work and, where possible, include a copy or
the location, e.g., URL, of an authorized version of the work
Identification of the material that you claim to be infringing or to be the subject of the infringing activity and that is to be removed or
access to which is to be disabled and information reasonably sufficient to permit Blue River Gutters to locate the material
Your name, address, telephone number and, if available, e-mail address
A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent or the
A statement that the information that you have supplied is accurate and indicating that “under penalty of perjury,” you are the
copyright owner or are authorized to act on the copyright owner’s behalf
A physical or electronic signature of the copyright holder or authorized representative
The Copyright Agent designated by Blue River Gutters to receive notifications of claimed infringement is:
You acknowledge that if you fail to comply with all of the instructions above, your DMCA notice may not be valid.
Reinstatement Process. If your submitted materials were removed or the access thereof has been disabled and you believe that such
materials are not infringing or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law,
to post and use the content in your submitted materials, you may send a counter-notice containing the following information to Blue River
Identification of the content that has been removed or to which access has been disabled and the location at which the content
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of
Your name, address, telephone number and, if available, email address; a statement that you consent to the jurisdiction of the
Federal District Court for the judicial district in which your address is located or if your address is located outside of the United
States, for any judicial district in which Lowe’s is located; and that you will accept service of process from the person who provided
the original notification of infringement or an agent of such person
If a counter-notice is received by the Copyright Agent, Blue River Gutters may send a copy of the counter-notice to the original
complaining party informing that person that it may replace the removed content or cease disabling it within ten (10) business days.
Unless Blue River Gutters Copyright Agent receives notice from the person who submitted the DMCA Notice that the copyright owner
has filed an action seeking a court order to restrain the relevant user from engaging in infringing activity relating to the materials
submitted to the Site or Blue River Gutters system or network, Blue River Gutters may replace or restore access to the relevant content
in ten (10) to fourteen (14) business days after receipt of the counter-notice, at Blue River Gutters sole discretion.
Disclaimer of Warranties and Limitation of Liability
You assume all responsibility and risk for the use of the site and the Internet in general. The site, the materials and all products and
services offered through the site are provided “as is” and “as available” and without warranties of any kind, either express or implied. To
the fullest extent permissible by applicable law, Blue River Gutters, all of Blue River Gutters’ subsidiary, parent or related companies, call
centers and all of their respective officers, directors, employees, attorneys, agents and representatives disclaim all warranties, express or
implied, including without limitation implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular
purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Applicable law may not
allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
Blue River Gutters and its licensors, suppliers, advertisers, sponsors, agents and representatives do not warrant that your use of the site
will be uninterrupted, error-free or secure; that defects will be corrected; or that the site or the server(s) on which the site is hosted are
free of viruses, bugs or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed to access and use the site, and all charges related thereto. You assume all
responsibility and risk for your use of the site and your reliance thereon. No opinion, advice or statement by Blue River Gutters, or Blue
River Gutters’ licensors, suppliers, advertisers, sponsors, agents, members or visitors, whether made on the site or otherwise, shall
You expressly acknowledge and agree that Blue River Gutters shall have no liability or responsibility whatsoever for: (1) any
unauthorized access to or use of servers on which the site is hosted and / or on which any of your personal information and / or financial
information stored therein; (2) any interruption or cessation of transmission to or from the site; (3) any bugs, viruses, worms, trojan
horses, defects, date bombs, time bombs or other items of a harmful nature which may be transmitted to or through the site by a third
party; and / or (4) any errors, mistakes, inaccuracies or omissions in any materials, or for any loss or damages of any kind incurred as a
result of the use of any materials posted, emailed, transmitted or otherwise made available via the site. Blue River Gutters does not
warrant, endorse, guarantee or assume responsibility for any hyperlinked site.
You agree that Blue River Gutters and its affiliates, parents and subsidiaries will not be responsible or liable for damages of any kind
arising out of your use of the site, including, without limitation, direct, indirect, special, incidental, punitive and consequential damages,
and damages resulting from the loss of use, data, profits or business interruption arising from or in any way connected with the use of the
site. This also includes delays in being able to use the site, the inability to use the site, or any portion thereof, or any hyperlinked website,
whether based on tort, negligence, strict liability or otherwise, even if Blue River Gutters and / or its subsidiaries and affiliates were aware
or had been advised of the possibility of such damages. This disclaimer constitutes an essential part of these terms.
You should use your best judgment and exercise caution where appropriate, as with the purchase of any product or service through any
medium or in any environment. Your use of the site and any materials provided through the site are entirely at your own risk.
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You agree to indemnify, defend and hold harmless Blue River Gutters and its subsidiaries and affiliates and their respective employees,
attorneys, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees and sublicensees, from and against any
and all claims, damages, causes of action, costs (including reasonable attorneys’ fees) and other expenses that arise directly or
indirectly out of or from: (1) your actual or alleged breach of these Terms, including, without limitation, the Code of Conduct; (2) any
allegation that any Content or other material you have submitted or transmitted to the Site infringe, misappropriate or otherwise violate
the copyright, trademark, trade secret or other intellectual property rights of any party; and / or (3) your activities or omissions in
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Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms. Blue River Gutters
makes no representation or warranty that Materials and Content on the Site are appropriate or available for use in any particular
jurisdiction. Use of the Site in any jurisdiction where all or any portion of the Site might violate any legal requirements and you agree not
to access the Site in any such jurisdiction. You are responsible for complying with all applicable laws. Any use in contravention of any
You agree that this agreement and your use of the Site will be governed by the laws of the state of Alabama. You hereby consent to the
exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Decatur, Al. in all disputes
(i) arising out of, relating to or concerning this agreement, the Site and your use thereof; (ii) in which the Site and / or this agreement is
an issue or a material fact; or (iii) in which the Site or this agreement is referenced in a paper filed in a court, tribunal, agency or other
You agree to waive, to the fullest extent allowed by applicable law, any claims for punitive or exemplary damages and any right to pursue
claims on a class or consolidated basis or in a representative capacity, which relate in any way to the Site or this agreement.
Please read this section carefully because it affects rights that you might otherwise have. It provides for resolution of most
disputes through arbitration instead of court proceedings.
Arbitration is final, binding and subject to limited review by a court. You agree that this arbitration section shall survive termination of
this agreement. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of
the Site. Any dispute or claim made by you against Blue River Gutters or against any of Blue River Gutters subsidiary, parent or
affiliated companies arising out of or related to your use of the Site, whether based on contract, statute, tort, fraud, misrepresentation
or any other legal theory, will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify
You must first present any claim or dispute to Blue River Gutters by contacting the Blue River Gutters Customer Care to allow Blue
River Gutters the opportunity to resolve any dispute. You may request arbitration if your dispute cannot be resolved within sixty (60)
days. The arbitration of any dispute or claim shall be conducted with the rules of a Nationwide Arbitration Organization as modified
by this agreement. You and Blue River Gutters agree that this agreement evidences a transaction in interstate commerce and this
arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law.
Any such arbitration shall be brought and held in Decatur, Alabama and will be conducted in the English language. An arbitrator may
not (i) award relief in excess of or contrary to what this agreement provides; (ii) order consolidation or arbitration on a class wide or
representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except
that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief
pursuant to an applicable consumer protection statute. In any arbitration applying those rules applicable to large and/or complex
cases, the arbitrators may also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in
accordance with the review procedures set forth in the selected arbitrator’s rules.
Any arbitration shall be confidential, and neither you nor Blue River Gutters may disclose the existence, content or results of any
arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the
arbitrators shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered
in and specifically enforced in any court having proper jurisdiction.
If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and
All administrative fees and expenses of arbitration will be divided equally between you and Blue River Gutters. Each party will bear
the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at any arbitration hearing.
You agree that Blue River Gutters may assign all or part of this agreement without such assignment being considered a change to the
agreement and without providing notice to you. You agree that Blue River Gutters will be released from all liability upon assignment. The
assignee shall have the same rights and obligations as the assignor.
You agree that information related to your use of the Site may be subject to legal process. Information and data that you submit to Blue
River Gutters through the Site may be subject to legal process (e.g., a subpoena) by Blue river Gutters or a third party or government
entity, even if that information has been deleted and only exists in backup form. You acknowledge and understand that Blue River
Gutters will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You
acknowledge and agree that Blue River Gutters may have no obligation to give you notice of any legal process that may result in any
information related to your use of the site being produced, discovered or otherwise disclosed.
Blue River Gutters’ performance of these Terms and any other policy contained on the Site is subject to existing and future laws and
legal process. Nothing in these Terms is in derogation of Blue river Gutters right to comply with law enforcement requests or
requirements relating to your use of the Site or information given to or gathered by Blue River Gutters with respect to such use.
You agree that Blue River Gutters may change the terms and conditions (including, without limitation, the Terms) under which
the Site is offered at any time and without notice to you.
You agree that no joint venture, partnership, employment or agency relationship exists between you and service providers or suppliers or
you and Blue River Gutters as a result of these Terms or your use of the Site.
Any rights not expressly granted to you herein are reserved by and to Blue River Gutters, its affiliates, subsidiaries and licensors, and
The Terms and the applicable terms of sale constitute the entire agreement between you and Blue River Gutters with respect to the
subject matter thereof. This agreement supersedes all prior or contemporaneous communications and proposals, whether written, oral or
electronic, between you and Blue River Gutters with respect to the Site. No modification of the Terms shall be effective unless such
modification is authored by Blue River Gutters or it is physically signed by an executive officer of Blue River Gutters.