WEBSITE TERMS AND CONDITIONS OF USE
June 15, 2023
These WEBSITE TERMS AND CONDITIONS OF USE (the “Terms and Conditions”) apply to this website (the “Website”) and any other websites, webpages and other online offerings that post a link to these Terms and Conditions, whether accessed by computer, mobile device or other technology. The webpages to which these Terms and Conditions apply are published and maintained by Blurii L.L.C., a California limited liability company, doing business as StretchCoast (“Company”).
THESE TERMS AND CONDITIONS AFFECT YOUR LEGAL RIGHTS. They govern your rights and responsibilities in connection with, and apply to, the Website. Your continued use of this Website indicates your agreement to be by bound the Terms and Conditions. If you do NOT agree to be bound by the Terms and Conditions, promptly exit this Website.
1. Restrictions on Use. The Website is only for your personal, non-commercial use. All pages within this Website and any material made available for download are the property of Company and/or its affiliates. No portion of the materials downloaded from the Website may be reprinted, republished, modified, displayed, broadcasted, posted, sold or distributed in any form without the express written permission of Company. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. As a condition of your use of this Website, you warrant to Company that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
2. Company’s Intellectual Property. All materials, information and content on this Website, including but not limited to any and all images, text, video, audio, graphics, pictures, photographs, music, and the trademarks, logos and service marks contained on this Website (collectively, the “Content”), are owned (or licensed) by Company and/or its affiliates. Company reserves all rights with respect to the Content and you may not use any Content or copy, modify, reproduce, republish, post, transmit, sell, license, distribute or use any Content in any way.
4. Confidential and Proprietary Information. Company does NOT want to receive confidential or proprietary information from you through the Website. Please note that any information or material sent to Company through the Website will NOT be confidential. By sending Company any information or material, you hereby grant Company an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Company is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
5. Links to Other Sites. Company makes no representations whatsoever about any other website that you may access though this Website. When you access a non-Company website, please understand that it is independent from Company and that Company has no control over the content on that website. In addition, a hyperlink to a non-Company website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free from items of a destructive nature, such as viruses, worms and trojan horses.
6. Disclaimers. THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, WEBSITE-RELATED SERVICES, AND HYPERLINKED WEBSITE(S).
COMPANY, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, WEBSITE-RELATED SERVICES, THE CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY HYPERLINKED WEBSITE(S). YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, WEBSITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES.
Although Company attempts to ensure the integrity and accurateness of the Website, it makes no guarantees whatsoever as to the correctness or accuracy of the Website. It is possible that the Website could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Content or information contained on the Website may be changed or updated without notice.
7. Indemnification. You agree to release, indemnify, defend and hold harmless Company and its subsidiaries and affiliates and their respective officers, directors, employees, agents, vendors, licensors, suppliers, third-party providers or other partners, from and against any and all claims, losses, costs, fees (including attorneys’ fees and costs), damages and expenses that such parties may incur as a result of, due to, or arising out of your (i) breach of these Terms and Condition or any of the warranties, representations, covenants, responsibilities or other obligations set forth in herein, or (ii) violation of any applicable laws.
8. Choice of Law; Venue. These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with California law, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Ventura, State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney's fees.
9. Severability. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
10. Entire Agreement; Modifications. These Terms and Conditions constitute the entire agreement between you and Company regarding the subject matter of this Agreement. Company reserves the right, in its sole and absolute discretion, to make changes to these Terms and Conditions, without notice and without liability. Changes to the Terms and Conditions will be effective when posted. You agree to review the Terms and Conditions periodically to become aware of any such changes. You further agree that each visit to this Site is a new transaction governed by the Terms and Conditions in place at the Website at the time of such visit.
11. No Waiver. Company’s failure to insist upon strict performance of any of these Terms and Conditions or to exercise or enforce any right or provisions of these Terms and Conditions shall not constitute a waiver of Company’s right or remedies in any manner.
12. Termination of Usage. Company may terminate your right to use the Website, with or without cause in Company’s sole and absolute discretion. In the event of termination, all representations, warranties, indemnifications, disclaimers and promises made by you shall survive.