Privacy Statement

Blue Platypus welcomes you to its online service. Blue Platypus its subsidiaries and affiliated companies, (collectively "Blue Platypus") maintain this site to provide the variety and personal service you've come to expect with online convenience. Please feel free to browse the site. Your access to and use of the Site is subject to these Terms of Use and all applicable laws. By accessing and browsing the Site you accept, without limitation or qualification, these Terms of Use, which may be modified from time to time. You may review the most current version of the Terms of Use at any time at http://www.blue-platypus.com/. Any new features that augment or enhance the current site shall be subject to the Terms of Use. If you do not agree to these Terms of Use, you may not access certain portions of the Site.

Terms of Use

1. As a visitor to the Site, you are free to browse the various web-enabled services that we offer. However you cannot download or use any portion of the Site. Please check back with us regularly to review the site’s Terms of Use as they may change. Material available on the Site may be referred to as "Licensed Content." You may view but not download, reproduce or otherwise use the Licensed Content. Blue Platypus cannot ensure or warrant the security of any material you transmit and your submission of all information is at your own risk.

2. Credit: Your right to use the E-commerce site is subject to any limits established by Blue Platypus or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned to Blue Platypus for any reason, including chargeback, in addition to any other rights it may have, Blue Platypus reserves the right to either suspend or terminate your access and account, thereby terminating all obligations of Blue Platypus hereunder.

3. Returns: Blue Platypus takes pride in its ability to meet your service satisfaction and product excellence requirements. We package every order in a manner to prevent shipping damage. However, if a product fails to meet your expectations or an error in shipping occurs, it may be returned within 30 days for replacement or refund. Please contact Customer Service to obtain the requisite return authorization number via e-mail at customerservice@blue-platypus.com. E-mails received after 5 p.m. PST will be addressed the next business day. PLEASE DO NOT RETURN ITEMS BEFORE CONTACTING CUSTOMER SERVICE FOR INSTRUCTIONS. Returning product without the return merchandise authorization (RMA) number written clearly on the box may cause for delays in credit processing. All returns should be shipped via UPS or other trackable means. Please note, it is your responsibility to pay the cost of return shipping and original shipping fees are nonrefundable. IMPORTANT! All online orders will be delivered via UPS. Upon receipt of your order, please inspect the package for any evidence of damage. Damage claims must be made through Blue Platypus by contacting Customer Service.

4. Shipping: Blue Platypus ships FOB South Pasadena, California. Two shipping options are offered: Express - 3 day serviceExpedited - UPS ground service All rates are calculated using UPS shipping tables with a small handling fee. Street address is necessary, as orders cannot be delivered to PO Boxes. Blue Platypus processes orders on Wednesday, and Friday. Orders are processed and shipped Wednesday, and Friday 9:00am - 4:30pm PST, excluding legal holidays or other factory/warehouse closings. Each order may have only 1 ship to address. If you require multiple ship addresses, please order separately for each address. We strive to provide consistent and timely delivery of confirmed orders. However, this is not always possible and we cannot guarantee the timely arrival of your package. Any delivery that is within five percent (5%) of the total order shall be considered complete and the purchase price shall be adjusted to reflect the actual number of items delivered. All shipping costs shall be borne by you.

5. Registration Obligations/Password and Account SecurityIf you so choose, you may register and elect to save your personal information. You agree to: (a) provide true, accurate, current and complete information (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You will receive a password and account designation upon completing the site’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (c) immediately notify Blue Platypus of any unauthorized use of your password or account or any other breach of security, and (d) ensure that you exit from your account at the end of each session. Blue Platypus is not liable to you or any third party for any loss or damage arising from any failure to comply with these provisions. Your Blue Platypus account information and profile are unique to you and password protected so that, other than Blue Platypus employees who need to know, only you have access to this information. Although we have taken these precautions, no security system is impenetrable. We recommend that you do not divulge your password to anyone. Remember to sign out of your Blue Platypus account and close your browser window when you have finished. This is to ensure that others cannot access your information. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number stored in the Blue Platypus system), you must promptly change your password and notify Blue Platypus of the problem to avoid possible liability for any unauthorized charges to your account. For security purposes, online orders, including name, address and credit card information, are encrypted with SSL or Secure Socket Layer technology. In order to activate this encryption technology, you will need to utilize a browser such as Netscape Navigator or Microsoft Internet Explorer® at version 4.0 or higher. We recommend that you choose a browser with strong encryption capabilities. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Blue Platypus cannot ensure or warrant the security of any information you transmit to or from our online products or services and your submission of all information at your own risk. Once we receive your transmission, we make every effort to protect its security on our systems.

6. Privacy Blue Platypus values its relationship with visitors and customers and therefore makes every effort to safeguard personal information while also making product and service information available to our customers. Blue Platypus collects information in several ways from different parts of the Site. For example, personal information would be collected if you place an order, were to enter a sweepstakes, contest or promotion sponsored by Blue Platypus and/or its partners, or when you ask a question or report a problem with the Site. If you contact Blue Platypus, we may keep a record of that session or correspondence. Blue Platypus may also occasionally ask users to complete surveys for research purposes. At present, registration is optional; however in the event registration is required in the future, personal information such as name, address, email, telephone and facsimile number, billing and credit card or other account information, would be gathered just as if you telephoned or contacted Blue Platypus via facsimile or regular mail. Blue Platypus may use "cookies" for various purposes, including to secure your transaction activities and enhance the performance of the Site. A cookie is a small amount of identifier data that is sent to your browser from a Blue Platypus web server and stored on your computer's hard drive. Generally, Blue Platypus may use cookies to: (a) remind it of who you are and to access your account information (if stored on its computers) in order to deliver to you more personalized service and/or (b) estimate its audience size. By determining the nature and extent of repeat usage, Blue Platypus will be able to (c) target information to you based upon your interests and behaviors; (d) track your progress and number of entries in promotions, sweepstakes and contests; (e) measure certain traffic patterns to understand how users' habits are similar or different from one another, all so that Blue Platypus may improve its site. Blue Platypus also collects IP addresses for system administration to include them in outgoing mail message headers. Blue Platypus may also research its users' demographics, interests and behavior based on the information provided upon registration, during a promotion, from its server log files or from servers, to better understand its users. As Blue Platypus grows to improve your e-tail experience, Blue Platypus may share this information from time to time with a subsidiary, affiliate, third parties providing services on its behalf, sponsors of certain promotions or a partner company. Blue Platypus may, from time to time, make collective customer information available to selected third parties, but only in the aggregate and never with both your password and account information included. By accessing and using the site, you agree that information you have provided may be disclosed as described above or as may be modified from time to time, in addition to when Blue Platypus has reason to believe that disclosing this information is necessary to identify, contact or bring legal action to enforce any of the rights of Blue Platypus, including against you or a third party for nonpayment, or violation of the Terms of Use causing injury to or interference with its rights or property, to other Blue Platypus users or anyone else that could be harmed by such activities. Blue Platypus may disclose or access account information when Blue Platypus believes in good faith that the law requires it and for administrative and other purposes that Blue Platypus deems necessary to maintain, service and improve our products and services and to protect our rights or property.

7. Subscriber Conduct: All information, data, messages or other materials transmitted are the sole responsibility of the person from whom such material originated. This means that you and not Blue Platypus are entirely responsible for all uploads and/or emails transmitted via the site. Under no circumstances will Blue Platypus be liable in any way for your use of any Licensed Content, including but not limited to any errors or omissions in any Licensed Content or for any loss or damage of any kind incurred as a result of the use of any Licensed Content emailed or otherwise transmitted via the site. You agree to not use the site to:(a) email or otherwise transmit anything that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;(b) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the server;(d) email or otherwise transmit anything that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);(e) email or otherwise transmit anything that infringes any patent, trademark, trade secret, copyright or other proprietary right ("Rights") of any party;(f) email or otherwise transmit any unsolicited or unauthorized advertising or promotional materials;(g) email or otherwise transmit any material containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;(h) interfere with or disrupt the site or servers or networks connected to the site or disobey any requirements, procedures, policies or regulations of networks connected to site;(i) intentionally or unintentionally violate any applicable local, state, national or international law, rules or regulations;

8. Indemnity: By accessing and using the Blue Platypus website, you agree to indemnify and hold Blue Platypus, its subsidiaries, affiliates, officers, suppliers, co-branders or other partners, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of anything you submit or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any Rights. In the event you provide resale certificate, tax or other information that is untrue, inaccurate, fraudulent, or is not current, you agree to indemnify Blue Platypus for and hold Blue Platypus harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) it may incur, including but not limited to loss of business profits, taxes, penalties or sanctions, interest, fees, costs and expenses of any nature arising from or related to any claim, demand, action or proceeding alleged or initiated against Blue Platypus by any third party based upon the information you provide or your use of the Service.

9. Modifications to the site: Blue Platypus reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site (or any part thereof) with or without notice. You agree that Blue Platypus shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site, subject to refund of any prepaid fees.

10. Termination: You agree that Blue Platypus, in its sole discretion, may terminate your use of the site, and remove and discard any materials created or transmitted by you through the site, for any reason, including, without limitation, for lack of use, or if Blue Platypus believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Blue Platypus may also in its sole discretion and at any time discontinue providing the site, or any part thereof, with or without notice. You agree that any termination of your access to the site under any provision of the Terms of Use may be effected without prior notice, and acknowledge and agree that Blue Platypus may immediately deactivate or delete your account, if any, and all related information and files in your account and/or bar any further access to such files or the site. Further, you agree that Blue Platypus shall not be liable to you or any third party for any termination of your access to the site. Upon cancellation, you will still be obligated to pay all charges incurred and all balances due on any account.

11. Dealings with Advertisers: Your correspondence or business dealings with, or participation in promotions of sponsors, partners or advertisers found on or through the site, if any, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Blue Platypus shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site or through the Service. However we may be privy to and use personal information provided by you to such parties.

12. Links: Blue Platypus may permit, or third parties may provide, links to their WorldWide Websites or resources. Because Blue Platypus has no control over such sites and resources, you acknowledge and agree that Blue Platypus is not responsible for the availability of such external sites or resources or the content thereon and does not endorse and is not responsible or liable for any advertising products or other materials on or available from such sites or resources. You further acknowledge and agree that Blue Platypus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such goods, services or materials available on or through any such site or resource.

13. Blue Platypus Proprietary Rights: You should assume that everything you see or read on the Site is protected by all copyright, patent, trademark and other laws relating to the protection of proprietary rights unless otherwise noted, and may not be used except as provided in these Terms of Use without the express written permission of Blue Platypus. You acknowledge and agree that the Site and any necessary software used in connection with the site ("Software"), all images, photography, regardless of source, graphics, artwork, text, Marks as defined elsewhere in these Terms of Use, and other information and material found on the Site and all Marks and other intellectual property relating thereto (all of which are included in and as the "Licensed Content"), is owned by Blue Platypus or its suppliers or partners and contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to compliance with the Terms of Use of this Agreement, Blue Platypus grants to you a restricted, nonexclusive, non-transferable, non-sublicenseable license to use the Site and Software solely as follows: · to access the Licensed Content and Software from the Site solely for your personal and not commercial use. You may not relicense, rent or lease the Software or use the Software for third-party training, commercial time-sharing or service bureau use or processing data of any other entity. · You may not sell, distribute, transfer, modify, copy, transmit, create derivative works, modify or publish the Licensed Content, with or without consideration, or use the Licensed Content to compete with Blue Platypus or create your own website for use by others based on or containing the Licensed Content that is accessible to third parties. You are authorized to view, but not download (other than as necessary to view), reproduce or use, any Licensed Content found on any portion of the Site. This Agreement shall automatically terminate if you breach any provision of this license and such breach is not cured within ten (10) days of notice of the breach. You agree not to cause or permit the reverse engineering, disassembly or decompilation of the Software. Blue Platypus grants no rights other than those granted explicitly herein and hereby reserves and retains all worldwide title, copyright and other proprietary rights in the, Site and Software, including all updates and modifications thereto. You do not acquire any rights, express or implied, in the site, Software or Site other than those limited rights of access specified in this Agreement. You further acknowledge and agree that material contained in sponsor advertisements or information presented to you through the site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Blue Platypus, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the site or on the Software, in whole or in part.

14. DISCLAIMERS AND LIMITATIONS OF LIABILITY:YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BLUE PLATYPUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR THE SERVICE. (b) BLUE PLATYPUS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLUE PLATYPUS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED "AS-IS" AND THAT BLUE PLATYPUS ASSUMES NO RESPONSIBILITY FOR ANY FAILURE OF THE SITE INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY COLOR DEPICTIONS OR PRICING, AVAILABILITY OF PRODUCTS SHOWN ON THE SITE, TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR DATA. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLUE PLATYPUS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLUE PLATYPUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT BY YOU OR ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. NoticeNotices to you may be made via either email or regular mail. The site may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the site. Notice or other correspondence to Blue Platypus should be mailed to: Blue Platypus

16. Trademark Information: All trademarks and other Blue Platypus logos, trade names, trade dress, product and service names (collectively the "Marks") are proprietary to Blue Platypus, its subsidiaries and affiliates. In addition, Blue Platypus may license from third parties the rights to use their marks on its products ("Third Party Marks"). You agree not to display or use either the Marks or the Third Party Marks in any manner.

17. General Information: The Terms of Use constitute the entire agreement between you and Blue Platypus and govern your use of the site, superseding any prior agreements between you and Blue Platypus. You also may be subject to additional terms and conditions contained in our invoices or purchase orders or terms and contracts that may apply when you use affiliate services, third party content or third party software. The Terms of Use and the relationship between you and Blue Platypus shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Blue Platypus agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Los Angeles, State of California. The failure of Blue Platypus to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to your use of the site or the Terms of Use within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

18. Violations: Please report any violations of the Terms of Use to our customer service.